Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-29
UNITED STATES MINING LAWS.
.svoRMArION FOR L0CAT0Rs
AND OWNERS OF HINES.
Applications for Patents-How %
Deal with Cross Lodes-Tunnei
Righss-Adverse Cisims-
The Law IN Regard
q Aliens-Ete.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been fled with
the Register and Receiver, they become
part OF the record. and can neither bt
Withdrawn nor returned. but must bt
transmitted TO the General Land Once.
An application will be rejected when the
description Of the promises IL erroneoui
or insufficient.
Application for patent will b rejected
because:
First-The notice was published without
the knowledge Of the Register.
Second-The notice was not Published
In . newspaper designated a. published
| nearest the claim.
Third-ReOOrd title was found defective,
and:
Fourth-A previous application bad been
made for the same premises. which wAl
withdrawn pending q suit In court COM
menced by the adverse claimant.
An application for patent will be rejected
when tho survey does not accurately DO
Ane the boundaries Of the claim.
Where the claim was not located In &C.
cordance with law.
Where several parties own separate and
distinct portions Of claim. application
for patent may be made by either for that
portion OF the claim owned by him; but
where several parties own undivided in-
terests in Q mining claim. all should Join
in an application for patent.
A person or association may purchase as
many placer locations a. the local law ad-
mits, and embrace them all In one appli-
cation for . patent.
Two or more lodes cannot be embraced
in one application for . patent except for
placer claims embracing two or more lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act as deputy for the Register
and Receiver, cannot be recorded rs evil
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site. . clause is inserted excepting and
excluding all town property, rights upon
the surface. and all houses, buildings,
structures. lots, blocks. streets. alleys, or
other municipal improvements not belong.
ing to the grantee herein, and all rights
necessary or proper TO tho occupation, pos
session and enjoyment Of the same"
Publication Of notice must be made In
only one newspaper for the period OF sixty
days.
Notice must be published ten consecu-
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the tirst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent
10 Is not compliance with law to change
to the weekly edition Of the same paper
without authority Of the Register.
The existence Of salt spring on tract
OF land withdraws II from the operation Of
the homestead and pro-emption laws. A
hearing for the purpose Of proving the
agricultural character Of such land Is not
allowed. Land containing valuable de-
posits Of slate may DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which IL IL alleged conflicts with the prem
ises owned by such adverse claimant.
Tho papers In an adverse claim once filed
cannot be Withdrawn, but become part Of
the record.
When an adverse claim has been Aled II
cannot DO amended 30 a. to embrace .
larger portion Of the premises than that
described in the original adverse claim.
An adverse claim must be made out In
proper form and aled in the proper local
office during tho period OF publication
Of the application for tho patent to be
effective.
1t is tho duty Of the adverse claimant to
commence suit In proper form within the
required time, and II he trusts tho uncer-
tain medium Of the United States mail. be
must abide the consequences. should the
delay ensue through misfortune or acci.
dent. should the failure to commence
suit be the result Of the corrupt or dishon-
est action Of his attorney, the Interior De-
partment cannot redress tho wrong.
An adverse claimant should set forth In
detail tho facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions Of law,
without stating tho facts specially. will not
be considered In evidence.
An adverse claimant should show com.
pliance with the local laws In recording his
claim and in regard to expenditures, and
shall file . copy Of the original notice Of
his location, aud show the nature or extent
:
Of the conflict alleged.
An allegation Of parties to suit that
they compose the company Is sufficient,
and they arc not required to prove that
they are the original locators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but 10 essential ~
the proper development Of mining claims,
IL should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will DO can.
celed at any time prior to issuance OF
patent, upon satisfactory evidence oil the
existence Of such valuable deposits.
Where valuable deposits OF mineral are
discovered upon tract after the same has
been entered a. agricultural. but before
patent has been issued. the parties claim
ing the mino may make application Tor
patent for same. and the agricultural entry
will be cancelled to that portion OF the land
embraced by said mining claim. i,
Where mineral deposits are discovered
ON agricultural lands after the patent has
been issued to an agricultural claimant
they pass with the patent.
Agricultural college scrip cannot DO re-
ceived In payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of IL, provided he becomes :
citizen before 1isposing Of tho mine. Proof
that the party Was not citizen before as
posing Of his claim must be anirmahveiy
shown.
Locstors and intermediate owners other
than applicants will not DO presumed
aliens In the absence OF allegation or OBJ
lection prior to issuance Of patent.
The portion Of . mining claim % sold 70