Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-11
UNITED STATES MINING LAWS.
lsYoRnArIos vOR LocsroRs
AND OWNERS OF nlhEs.
Applieatiops for Passnts-Hew 70
Deal with Gross Lodes-Tusnsi
Rishss-Adverse Claims
The LaW In Regard
60 Alisss-kte.
APPLICATION OF PATENT.

the Register and Receiver. they become
part Of the record. and can neither bt
Withdrawn nor returned. but must be
transmitted TO tho General Land once.
An application will be rejected when the
description ot the premises IL erronsosi
or insufficient.
Application for patent will bs rejected
because:
Pirst-The notice was published without
the knowledge Of the Register.
Seoond-The notice was not published
In . Newspaper designnted - published
nearest the clam. II.
Third-Rsoord tus was found detective.
and:
Pourth-A previous spplicsu Jon had bssu
made for the same premises. which WAS
withdrawn pending 9 suit In court oom.
menced BY the adverse claimant.
An application for patent will be rejected
when the survey does not accurately do
hns the boundaries Of the claim.
Where the claim was not located In 20.
oordanos 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.
tsrests In Q mining claim, all should Join
In an application for . patent.
A person or association may purchase -
many placer locations a the local Law I'd.
miu, and embrace them all In one appli-
cation for . patent.
Two or more 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 ~ deputy for tho Register
and Receiver. oannot be recorded - evil
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. clause is inserted "exoepting and
excluding all town property. rights upon
the surface. and al 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 be made In
only one nswspspsr for the period OF sixty
days.
Notice must be published ten conseou.
tive weeks In weekly newspapers, and in
daily newspapers sixty days must elapse
between the frst and the 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 to change
to the weekly edition Of the same paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdraws 10 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-
poslts Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale o separate
and distinct claim against each application
which IL 10 alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers In an adverse claim once fled
cannot be withdrawn, but become . part Of
the record.
When an adverse claim has been flled II
cannot be amended % a. 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
Office during the period Of publication
Of the application for the patent to be
effective.
It 10 the duty Of the adverse claimant To
commence suit In proper form within the
required time, 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 scci.
dent. Should the 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 the facts upon which he bases his
adverse claim. A statement 10 general
tsrms, embodying conclusions Of law,
without stating the facts specially, will not
be considered In evidence.
An adverse claimant should show com.
plisncs with the local laws 10 recording bis
claim and In regard 70 expenditures. and
shall Ale copy OF the original notice Of
his location, aud 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 10 prove that
they are the original locators or the iden-
tical parties who presented tho adverse
claim.
AoRIcuLTuRAL Oh MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes. but 10 essential 70
the proper development Of mining claims,
II should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In su
agricultural entry, said entry will be can.
celsd at any time prior to issuance Of
patent. upon satisfsctory evidence Of the
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon . tract after the same has
been entered 40 agricultural. but before
patent has been issued, the parties claim.
Ing tho mine may make application for
patent for same, and the Agricultural entry
will be cancelled 10 that portion OF the land
embraced BY said mining claim.
Where miL-ral deposits are discovered
on agricultural lands after the patent has
haau issued IN an aorisnltnral claimant.