Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-10-01
Applieasions for Passsts-How %
Deal with Csoss Lodes-fusssi
Rishss-Adverss Cisims-
The Law in Regard
20 AIteas-Ess.
APPLICATION OF PATENT.

fourth-h previous tppitosuou usa o0ou
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withdrawn pending .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-
nne the boundaries Of the claim.
Where the claim was not located In 10.
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 . mining claim, all should Join
In an application for patent.
A person or association may purchase a.
many placer locations - tho local law ad'
mits, and embrace them all In one sppli-
cation for patent.
Two or more lodes cannot DO 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, q clause IL 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 eiapse
between the hrst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent.
Ii Is not compliance with law to change
TO the weekly edition Of tho same paper
without authotity Of the Register.
The existence Of salt spring on tract
OF land withdrxws IL 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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must flle . separate
and distinct claim against each application
which 10 il alleged conflicts With tho 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 an adverse claim has been hled II
L.. l.l In aunhrara n
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must be made out In
proper form and hled in the proper local
Office during the period Of publication
Of the application for the patent to DO
effective.
1t is the duty Of the adverse claimant to
commence suit In proper form within the
required time, and IL he trusts the uncer'
tain medium Of the United States mail, he
must abide the consequences. should the
delay ensue through misfortune or acci'
dent. should the failure to commence
suit DO the result Of the corrupt or dishon.
est action Of his attorney. the Interior De-
partment cannot redress the wrong.
An adverse claimant should set forth In
detail tho facts upon which hc 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 the local laws In recording his
claim and in regard to expenditures. and
shall file copy of the original notice OF
his location, and show the nature or extent
OF the conflict alleged.
An allegation Of parties to q 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 the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is 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 ct any time prior to issuance of
patent, upon satisfactory evidence of the
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon tract after the same has
been entered a. 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 10 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 re-
ceived in payment for claims.
ALIENS.
A foreigner MAJ mako mining location
and dispose Of Il, provided he becomes |.
citizen before iisposing Of the mine. Proof
that the party Vas not citizen before dis
posing Of his claim must be afirmatively
shown.
Locs.ors and intermediate owners other
than applicants will not be presumed
aliens in the absence Of allegation or OBJ.
lection prior TO issuance OF patent.
The portion Of mining claim sold 70
an alien cannot DO patented while such
owner IL an alien but on his declaration
10 become q citizen, his right dates back
10 his purchase, and he may. thereupon
secure United States patent for his claim.
CROSS LEDoEs.
Revised Statutes. Section 2S36.
Where two or more lodges cross or inter-
sect each other. priority Of titio shall gov
ern, and such prior location shall oe emu
tied TO all ore or mineral contained wiinin
the space Of intersection. but the suose-
quent location shAll have the right Of WAY
through the space Of intersection Tor tne
purpose Of ths convenient working OF the
mine. And whore two or moro veins unite,
the Oldest o. prior location shall take the
vein bslow the point Of union, including
I'll the spsos Of intsrssstioa.