Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-25
UNITED STATES MINING. LAWS.
IsYosnArIsn. rOR LocsroRs
AND OWNERs OI HINES.
Applications for Pssests-Hew %
Deal with Csoss Lsdes-Tusnei
Rishts-AdversS Cisims-
The Law In Regard
% Allsas-Ete.
APPLICATION OF pArENT.

the Register and Receiver, thoy become
part Of the record, and can neither be
Withdrawn nor returned, but must bt
transmitted 10 the General Land Once.
An application will be rejected when the
description Of the premises Ia erroneou'
or Insufficient. .,.r- .'......
Application for psssn. vill-bs rejected
because:
First-The notice was publishsd without
the knowledge Of the Register.
Second-The notice was not Published
In Newspaper designated - published
nearest the claim. fs. ..t..il
Third-RsoOrd title was found defective,
and; r.F. Gg.xh 10 i..l.. ,.E.
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Withdrawn pending .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-
fne the boundaries Of the claim.
Where the claim was not located In 90.
oordance 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 I'd.
mits, and embrace them oil In one appli.
cation for patent. u.
Two or more lodes cannot be embraced
In ono application for . patent except for
placer claims embracing two or moro lodes
within their boundaries.
Papers sworn to before any person pur.
porting to act a. deputy for the Register
and Receiver, cannot be recorded - evi.
dence.
In ell patents for mining claims situated
within the interior boundaries OF . town
site. clause 10 inserted "exoepting and
excluding all town property, rights upon
tho 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 10 the occupation. pos.
session and enjoyment Of the same"
Publication Of notice must bo made In
only one newspaper for the period OF sixty
days.
Notice must be published ten oonsecu.
tive weeks In weekly newspapers. and In
daily newspapers sixty days must elspse
between the first and tho last insertions.
Where the Register designates the daily
issue Of Q newspaper for publication Of
notices Of mining application for patent,
10 10 not . compliance with law 10 change
70 tho weekly edition Of the same paper
without authority OF the Register.
The existence OF salt spring on tract
Of land withdraws II from the operation Of
the homestead and pre-emption laws. A
hearing for the 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 file Q separate
and distinct claim against each application
which II ia alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers In an adverse claim onco fled
cannot be Withdrawn, but become part OF
the record.
When an adverse claim has been hled 4.
cannot be amended 20 as 10 embrace q
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
Office during tho period Of publication
Of the application for the patent to be
effective.
II 10 the duty Of the adverse claimant TO
commence suit In proper form within the
required time, and II he trusts the uncer
taip medium Of the United States mail, he
must abide the consequences. should the
delsy ensuo through misfortune or acci.
dent. Should the failure TO commence
suit be the result Of tho corrupt or dishon.
est action Of bis attorney, the Interior De-
partment cannot redress the wrong.
An adverse claimant should set forth In
detail the facts upon which be bases his
adverse claim. A statement 10 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 bis
claim and In regard 10 expenditures, and
shall Ale copy Of the original notice Of
bis location, aud show the nature or extent
OF the conflict alleged.
An allegation Of parties 10 suit that
they compose tho company 10 sufficient,
and they are not required 10 prove that
they arc the original looators or the iden.
tical parties who presented the adverse
claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of littlo II any value for
agricultural purposes, but is essential To
the proper development Of mining claims,
1t should bo disposed Of under tbe mining
Act.
Where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will be can.
celsd 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 trsct after the same has
been entered a. agricultural. but before
patent has beon issued. the parties claim
Ing tho mino may make application 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 discovered
on agricultural lands after the patent has
been issued to an agricultural claimant,