Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-20
UNITED STATES MINING lAws.|
axyoRuArION ROR LOCATORS
AND OWNERS OF AlA1.
|Applieasiess for Passsss-How q
Deal with Cress Ledes-Tussel
Riyhts-Adverss Claims.
The LaW in Regard
% Alisas-Ese.
APPLICATION or PATENT.

APPLICATION Oh PATENT.
Whore papers have once been filed viii
tbe Register and Receiver, they become
bart Of the record, and can neither b
withdrawn nor returned. but must b
transmitted to the General Land ONCE.
An application will be rejected when tn
description Of the premises is erroneos
or insufficient.
Application for patent will be rejected
because:
First-The notice was published withou
the knowledge Of the Register.
Second-The notice wss not publlshet
In Q newspaper designatsd n published
nearest the 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Withdrawn pending suit in court com
menced by the adverse claimant.
An application for patent will be rejected
when tho survey does not accurately do
|dns the boundaries Of the claim.
Where tho claim was not located In 90
cordance with law.
Where several parties own separate and
distinct portions Of . claim, application
or patent may be made BY either for thai
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'
units, and embrace them all In ono appli'
cation for patent.
Two OF. more lodes cannot be embraced
in one application for . patent except for
placer claims embracing two or moro lodes
within their boundaries.
porting to act a. deputy for the Register
and Receiver. cannot be recorded ~ evil
lence.
In all patents for mining claims situated
within the interior boundaries OF town
site. clause is inserted excepting and
excluding all town property, rights upon
the surface. and all houses. buildings,
structures. lots. blocks. streets, alleys. or
1ther municipal improvements not belong
ing to the grantee herein. and all rights
aecessary or proper TO the occupation, pos
session and enjoyment Of the same"
Publication Of notice must be made In
,nly one newspaper for the period Of sixty
days.
Notice must bo published ten consecu-
tive weeks In weekly newspapers, and 10
lAily newspapers sixty days must elaps,
between the drst and the Last insertions.
Where the Register designates the daily
sssue Of . newspaper for publication ol
aotices Of mining application for patent,
1t Is not . compliance with law to change
10 the weekly edition Of the same paper
~ithout authority OF the Register.
The existence Of salt spring on tract
II land withdrsws II from the operation Of
the homestead aud pre-emption laws. A
hearing for the purpose Of proving tn,
gricultural character Of such land is moi
allowed. Land containing valuable de
posits Of slate may be entered under tn,
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale . separat,
md distinct claim against each application
which 10 is alleged conflicts with the prem.
.ses owned BY such adverse claimant.
The papers in an adverse claim once filed
.annot be withdrawn, but become q part OF
he record.
When an adverse claim has been filed II
cannot be amended 30 a. to embrace .
arger portion Of the premises than that
described in the original adverse claim.
An adverse claim must be made out 10
proper form and dled in the proper local
lfice during the period Of publication
Il the application for the patent to b
Elective.
1t Is the duty Of the adverse claimant &c
commence suit In proper form within th'
required time, and II he trusts the uncer
ain medium Of the United States mail. hs
must abide tho consequences, should tn.
lelsy ensuo through misfortune or scci'
lent. Should the failure to commence
suit be the result Of the corrupt or dishon'
st action Of his attorney. the Interior De.
partment cannot redress the wrong.
An adverse claimant should set forth In
letail the facts upon which he bases hi,
adverse claim. A statsment In general
,erms. embodying conclusions Of law.
sithout stating the facts specially, will moi
90 considered in evidence.
An adverse claimant should show com
pliance with the local laws 10 recording his
claim and In regard to expenditures, and
hall file Q copy Of the original notice OF
ais location, aud show the nature or extent
II the conflict alleged.
An allegation Of parties to suit that
they compose the company 10 sufficient,
md they are not required to prove that
hey arc the original locators or the iden.
.ical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
AGRICULTURAL purposes, but 10 essential to
the proper development Of mining claims,
it should be disposed Of under the mining
Act.
Whero lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will DO can.
celed ct 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 ha'
been entered a. agricultural, but before
patent has been issued. the parties claim
ing the mine may make application TOT
patent for same, and the agricultural entry
sill be cancelled to that portion Of the land
embraced by said mining claim,
Where mineral deposits arc discovered
on agricultural lands after tho patent hai
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 II, provided he becomes
citizen before 1isposing Of the mine. Proo
that the party Was not citizen before dis
posing Of his claim must be afdrmativel.
shown.
Locstors and intermediate owners othe
than applicants will not be presumed
aliens in the absence Of allegation or oh
lection prior to issuance Of patent.