Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-23
UNITED STATES MINING LAWS.
.svosAArlON FOR LOCAroRs
AND OWNERS OF nanES.
Appsseasssss Ssr Passsss-Hew -
Deal with Csoss Lodes-funnsi
Rishss-Adverss Cisims-
The LaW - Begard
- Alieas-Eto.
APPLICATION OF PArENr.

APPLICATION OF PArkNT.
Where papers have once been fled will
the Register and Receiver. they become
part OF the record. and can neither b
Withdrawn nor returned. but must b
transmitted 10 the General Land Once.
An application will bo rejected when th'
description Of the premises Is erroneous
or insufficient.
Application for patent will b rejeoset
because.
Fint-The notice was Published withou
the knowledge OF the Register.
Second-The notice was not puolishe<
In . newspaper designated - publishet
nearest tho CLAIM.
Third-Record title was found defective
and:
Fourth--A previous application had beer
made for the same premises. which VA
Withdrawn pending . suit in court com
menoed by the adverse claimant.
An application for patent will DO rejected
whom the survey does not accurately do
fine the boundaries Of the claim.
Where tho 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 thai
portion Of the claim owned BY him; bu'
where several parties own undivided In
terests In mining claim. all should Join
In an application for patent.
A person or association may purchase a
many placer locations ~ the local Law id.
mits. and embrace them all In ono 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 ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries Of town
site, clause Ia 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 10 the 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 bo published ten consecu-
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elapse
between the hrst and the last insertions.
Where the Register desiguates the daily
issue Of . newspaper for publication Of
notices Of mining application for patent,
IL is not . compliance with law to change
10 the weekly edition Of the same paper
without authority Of the Register.
The existence OF . salt spring on tract
Of land withdraws IL from the operation Of
the homestead and presumption laws. A
hearing for the purpose Of proving the
agricultural character Of such land 10 not
allowed. Land containing valuable de-
posits Of slate may be 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.
The papers In an adverse claim once hled
cannot be withdrawn. but become part OF
the record.
When IN adverse claim has been filed II
cannot be amended 20 - 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 filed In the proper local
ONCE during the period Of publication
Of the application for the patent to be
effective.
II is the duty OF the adverse claimant TO
commence suit In proper form within the
required time, and II he trusts the uncer
tain medium Of the United States mail. be
must abide the conseq quences. should the
delay ensue through misfortune or acoi.
dent. should the failure to commence
suit be the result Of tho corrupt or dishon-
est action Of his attorney. the Interior De-
partment cannot redress the wrong.
An adverse claimant should set forth In
detail the facts upon which he bases his
adverse claim. A statement In general
terms. embodying conclusions Of law,
without stating the facts specially, will not
be considered in evidence.
An adverse claimant should show COM
pliance with tho local laws In recording his
claim and In regard 10 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 10 sufficient,
and they are not required to prove that
they are the original locators or the iden-
tical parties who presented tho adverse
claim.
AoRIcrLruRAL Oh MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes. but 10 essential TO
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 be can.
celed at any time prior to issuance OF
patent, upon satisiactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon tract after the same has
been entered - agricultural, but before
patent has been issued. the parties claim
ing the mine may make application for
patent for same. and the agricultural entry
will be cancelled to that portion Of the land
embraced by said mining claim.
Where mineral deposits are discovered
VI ~ Asddb eisNA tdo Re~~.s s~~
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of Il. provided he becomes .
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afarmatively
shown.
Locstors and intermediate owners other
than spplicants will not be presumed
aliens in the absence Of allegation or OBJ
lection prior to issuance Of patent.
The portion Of . mining claim sold to
An alien cannot be patented while such
owner IL an alien but on his declaration
70 become Q citizen. his right dates back
to his purchase. and he may thereuPon
secure United States patent for his claim.
Cross LxpoEs.
Revised Statutes. Section 2Ss6.
Where two or more ledges cross or inter'
sect each other. priority Of title shall gov
ern. and such prior location shall 30 enti-
tied to all ore or mineral contained within
the space Of intersection. bat the subse-
l,.. III H. Al -. -tukR NJ ~aR