Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-04
UNITED STATES MINING LAWS.
,.yosnArloS ioR LocAroRs
AND OwNERs OF Mlnks.
Applieasioss for Passats-Hsw %
Deal with Gross Lodes-Tusnei
Righss-Adverse Ciaims-
The Law - Regard
% Alieas-kso.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been hlsd with
the Rsgister and Receiver. they become .
part Of the record. and can neither be
Withdrawn nor returned, but must be
transmitted to the General Land Once.
An application will be rejected when the
description Of the premises is erroneous
or insufficient.
Application for patent will be rejected
because:
First-The notice was published without
the knowledge Of the Register.
Secoud-The notice vas not Published
ins Newspaper designated - published
nearest the claim.
Third-Rsoord ttle 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Withdrawn pending suit In court COM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 adverss claimant.
An application for patent Will DO relecteo
when the survey docs not accurately de-
fino the boundaries Of the claim.
Where the claim was not located In 40.
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 -
many placer locations - the local law ad-
mits, and embrace them all In one sppli-
cation for patent.
Two or moro 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 a. 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 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.
.ng to tho grantee herein. and all rights
necessary or proper TO the occupation, pos
session and enjoyment Of the same"
Publication Of notice must DO made In
only one newspaper for the period Of sixty
days.
Notice must DO published ten cousecu-
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elapse
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,
10 Is not . compliance with law to change
to the weekly edition Of the samo paper
without authosity Of the Register.
The existence Of salt spring on tract
Of land withdraws II from the operation Of
the homestead aud pre-emption laws. A
hearing for the purpose Of proving tho
agricultural character Of such land 10 not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ADvKHsE cLAIns.
Adverse claimants must hle . 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 filed
cannot be Withdrawn. but become . part OF
tho record.
When an adverse claim has been hled IL
cannot DO 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 fled In the proper local
ofice during tho period Of publication
Of tho application for tho patent to DO
effective.
II is the duty Of the adverse claimant TO
commence suit in proper form within the
required timo, and II he trusts the uncer'
tain medium Of the United States mail. he
must abide the consequences. should the
delay ensue through misfortune or acct.
dent. Should tho failure to commence
suit be 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 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 the local laws In recording his
claim and In regard 70 expenditures, and
shall hle copy Of the original notice Of
his location, and 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 provo that
they aro the original locators or the iden-
tical parties who presented tho adverse
claim.
AGRICULTURAL on xiSxRAL 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.
Wbere lsnds containing valuable