Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-03
UNITED STATES MINING LAWS.
lsroRMArIOH FOR L0Car0Rs
AID OWNERS OF nlhES.
Appiieasisss Ssr Passsss-Hsw %
Deal with Gees Lsaes-Tusnsl
Rishss-Adverss CistRs-
The Lac - 1egsfA
- Altess-kse.
APPLICATION OF PATENT.

- ahsSsse
APPLICATION OF PATENT.
Whore papers have once been hlod with
the Register and Receiver. they become
part Of the record. and can neither be
Withdrawn nor returned. but must be
trspsmitted TO the General Land Ofico.
An application will bo rejected when the
description Of the premises 10 erronsoa'
or insufficient.
Application for patent will bs rejected
because:
First-The notice was publishsd without
the knowledge Of the Register.
|. Secoud-The notice Was not published
In . newspaper designated - published
nearest the claim.
Third-Reoord title was found defective,
and:
fourth-A previous application had been
made for the same premises. which Was
withdrawn pending suit In court CON-
menoed by the adverse claimant. !.
An application for patent will be rejected
when the survey does not accurately de-
ine the boundaries Of the claim.
Where the claim was not located In 90.
cordanoe with law.
Where several parties own separate and
distinct portions Of . claim. application
Tor 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 q the local Law Cd.
mits, and embrace them all In one appli.
cation for patent.
Two or usore lodes cannot be embraced
In ono 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 - deputy for the Register
and Receiver. cannot be recorded As evi-
dence.
In all patents for mining claims situated
within the interior boundaries Of town
sits, clause n 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 the 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 DO published ten consecu.
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elspse
between the hrst and the last insertions.
Where the Register dssignates the daily
issue Of . newspaper for publication OF
notices OF mining application for PATENT
10 10 not compliance with Law to change
70 the weekly edition Of tho same paper
without authority OF the Register.
The existence Of salt spring on tract
Of land withdrsws IL from the operation oi
the homestead and presumption 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 Ale . separate
and distinct claim aysinst each application
which IL Ia alleged conflicts with the prem.
ises owned BY such adverse claimant.
The papers In an adverse claim once died
cannot bs withdrawn. but become part Of
the record.
When an adverse claim has been hled II
cannot be amended % - 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 hlsd in the proper local
ofiice during the 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 tune. and II he trusts the uncer
tain medium Of the United States mail, be
must abide the consequences, should the
delay ensue through misfortune or acci.
dent. Should the failure 10 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 the facts upon which he bases his
adverse claim. A statement 10 general
terms, embodying conclusions Of law.
without stating tho facu 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 Ale copy VI the original notice Of
his location, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties 10 . suit that
they compose the company 10 sufficient.
and they are not required TO prove thai
they are the original locators or the iden.
tical parties who presented the adverse
claim.
AoRIcrLruRAL Oh MINERAL 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.
Where lands containing valuable
mineral deposits have bssn included In IN
agricultural entry. said entry will be can.
celed Ut any time prior to issuance Of
patent, upon satisfsctory evidence Of the
existence Of such valuable deposits.
Where valuable deposits Of mineral are
discovered upon = tract after the same has
been entered - agricultural. but before
patent has been issued. tho parties claim.
ing the mine 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 arc discovered
on agricultural lands after tho pa.ent has
been issued TO an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
ceived In payment for claims.
ALIEss.
A foreigner may make mining location
and dispose Of IL, provided he becomes .
citizen before iisposiug Of the mine. Proof
that the party was not citizen before dis.
posing Of his claim must be afnrmatively
shown.
Locators and intermediate owners other
than applicants will not be presumed
Aliens in the absence Of allegation or OBJ
lection prior 70 issuance Of patent.
The portion OF . mining claim sold to
an Alien cannot be patented while such