Arizona weekly citizen., 1881-09-04
APPLICATION FOR PATENT.

Office.
 An application will be rejected when the description of the premises is erro- neOus or insufficient. Application for patent will be rejected because:
 First-The notice was published with out the knowledge of the Register.
 Second-The notice was not published in a newspaper designated as published
 cst the claim.
 Euird-RccOsj ti.,s was foslnd defec- tive, and:
 Fourth a previous application had been made for the same premises, which was withdrawn pending suit in court commenced by the adverse claimant. An application for patent will be re- iected when the survey does not accu- rately define the boundaries of the claim. Where the claim was not located in accordance with law. Where several parties own separate and distinct portions of claim, apphca- ton for patent may be made by either for that portion of the claim owned by him: but where several parties own un- divided interests in a mining claim, all should join iu an application for patent.
 4 person or association may purchase as many placer locations as the local law admits, and embrace them all in one ap- plication for patent. Two or more lOdes cannot be embraced in one application for a patent except for two or more lOdes within their boun- diaries.
 Papers sworn to before any person purporting to act as a deputy for the Register and Receiver, cannot be re- corded as evidence.
 In all patents for mining claims situ- ated within the interior boundaries of a tOwnsite, a clause is inserted excepting and excluding all town property, rights upon the surface, and all houses, build iucs structures. lots, blocks, streets, all l leys, or other municipal improvements not belonging to the grantee herein, and all rights necessary or proper to the oc- cupation, possession 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 eonsec- utive weeks in weekly newspapers, and in daily newspapers sixty days must | elapse between the first and the last in- | sertiOns.
 Where the Register designates the daily issue of a paper for publication of notices of a mining application for pat | ept, 1t is not a compliance with law to change to the weekly edition of the same paper without authority Of the Register. The existence of a salt spring on a tract of land withdraws it from the op- eration of the homestead and pre-emp- | tion laws. A hearing for the purpose of proving the agricultural character of | such land is not allowed. Land contain | ing valuable deposits of slate may be en- | tered under the mining Acts. ADVERSE CLAIMS. Adverse claimants must file a separate and distinct claim against each apphca- tion which it is alleged conflicts with the | premises owned by such adverse claim ant.
 ] The papers in an adverse claim once fii,s,-1 1.s,-. mot be withdrawn, but become a pahS 9y, record. | When afre,4verse claim has been filed 1t cannot be amended so as to embrace a
 larger portion of the premises than that | described in the original adverse claim. ! An adverse claim must be made out m proper form and filed in the proper local | office during the period of publication of the application for the patent to be | effective.
 It is the duty of the adverse claimant | to commence suit in proper form within | the required time, and if he trusts the uncertain medium of the United States
 mail, he must abide the consequences, l should the delay ensue through mls- fortune or accident. Should the failure to commence suit be the result of the corrupt or dishonest action of his at ! torney. the Interior Department can not redress the wrong.
 1 An adverse claimant should set forth in detail the facts upon which he bases his adverse claim. \ statement in gen | eral terms, embOdying conclusions of law, without stating the facts specially, will not be considered in evidence. | An adverse claimant should show a compliance with the local laws in record ing his claim and in regard to expendi- lures, and shall file a copy of the Origi- nal 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 Is sufficient,
 and they are not required to prove that
 they are the original lOcatOrs or the
 identical parties who presented the ad- verse claim.
 AGRICULTURAL OE MINERAL LANDS. Where land is of little if any value for agricultural purposes, but is essential to the proper development of mining claims,
 it should be disposed of under the min
 ing Act.
 Where lands containing valuable min
 eral deposits have been included in an
 agricultural entry, said entry will be
 cancelled at any time prior to issuance
 of patent, upon satisfactory evidence of the existence of such valuable deposits.
 Where valuable deposits of mineral
 are discovered upon a tract after the
 same has been entered as agricultural,
 but before patent has been issued, the
 parties claiming the mine may make ap-
 phcation 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 discOv. cred on agricultural lands after the
 patent has been issued to an agricultural
 claimant, they pass with the patent. Agricultural college scrip can not bt
 received in payment for claims.
 ALIENS.
 4 foreigner may make mining lOca-
 tion and dispose of 1t, provided he be comes a citizen before dIspOslng of C
 mine. Proof that the party was not .
 citizen before disposing of his claim must be affirmatively shown.
 LOcators and intermediate owners
 other than applicants will not be pre- sumed aliens in the absence of allegation or objection prior to issuance of patent The portion of a mining claim sold tC
 an alien cannot be patented while sucf owner is an alien; but on bis declaration to become a citizen, his right dates bacl to his purchase, and he may thereupOr 2 secure United States patent for hi 1 claim.
 CROSS IEDGEs. ' Revised Statutes. Section 2,336.
 Where two or more lodges cross or in ]. tersect each other, priority of title shal , govern, and such prior location shal f be entitled to all ore or mineral contained
 within the space of intersection, but tn subsequent location shall have the righ : of way through the space of intersection
 for the purpose of the convenient work [ ing of the mine. And where two or nor , veins unite, the oldest or prior location } shall take the vein below the point O ! union, including all the space of inter 2 section.
 2 TUNNELS. s There is no authority of law for tun 3 nel location 3OO0by l I,5O0 feet. Aprope F location is the width of the tunnel fo t 3,OO0 feet.
 | There is no provision of law for patent