Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-30
UNITED STATES MINING LAWS.
lsYoanArlOH FOR L0CAroRs
AND OWNERS OF nlNES.
Applisasiens fsr Passats-Hew %
Deal with Cress Lodes-Tuanel
Rishss-Advsrss Claims
The Lac in Regard
- Alleas-Es0.
ArrLIcArIoN OF PATENT.

- Aliens-kee.
APPLICATION OF PATENT.
Where papers have once besn hlsd with
the Resistsr and Receiver, they become Z
part Of tho record, and can neitner %
Withdrawn nor returned. but must %
transmitted to the General Land once.
An application will be rejected when tne
description Of the premises II erroneous
or insufficient.
Application for patent will be rejected
because:
First-The notice WAS published without
the knowledge Of the Register. 49,,
Second-Ths notice was not published
In o Newspaper designated - published
nearest the clam.
Third-Record title was found defective,
and:
Fourth-A previous application had been
made for the same premises. which WAS
Withdrawn pending . suit In court COM
menced by the adverse claimant.
An application for patent will be rejected
when the survey does not accurately de-
fine the boundaries Of the claim.
Where tho claim was not located In &C.
cordancc 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 mining claim. all should Join
in an application for . patent.
A person or association may purchase a
many placer locations - the local law ad-
mits. and embrace them all In one appli'
cation for patent.
Two or moro lodes cannot be embraced
In ono 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, Q clause IL inserted excepting and
excluding all town property. rights upon
the surface. aud 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 ono 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 first and the last insertions.
Where the Register designates the daily
issue Of q 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 withdrsws II from the operation Of
the homestead and presumption laws. A
hearing for tho 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 Ole . separate
and distinct claim against each application
which IL In alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers In an adverse claim once filed
cannot be withdrawn. but become part OF
the record.
When an adverse claim has been filed 1t
cannot be amended 30 - 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
oficc during the period Of publication
Of tho application for tho patent to DO
effective.
Il Is the duty Of the adverse claimant TO
commence suit in proper form within tho
required time, and II be trusts the uncer.
tain medium Of the United States mail. he
must abide the consequences. should the
delay ensuo through misfortune or acci.
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 Ia general
terms, embodying conclusions Of law.
without stating the facts specially. will not
be considered in evidence.
An adverse claimant should show COM
plisnce with the local laws In recording his
claim and In regard TO expenditures. and
shall die copy Of the original notice OF
his location, aud show the nature or extent
Of tho conflict alleged.
An allegation Of parties to suit that
they compose the company Is sufficient,
and they are not required to prove that
they are the original iocators or the iden'
tical parties who presented tho adverse
claim.
AGRICULTURAL or MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but is 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 oi
patent. upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits OF mineral are
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 Tor
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
on agricultural lands after the patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be 70
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of It, provided he becomes .
citizen before iisposing Of the mine. Prooi
that the party was not citizen before dis
posing Of his claim must be afirmstively
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens In the absence OF allegation or OBJ
lection prior to issuance Of patent.