Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-29
UNITED STATES MININe LAWS.
Appiieasiess fer Psssass-Hew e
Deal with Csess Lsdss-Tusnel
Riyhss-Adverss Claims
The LaU - Regard
90 Alisns-Ese.
APPLICATION or PATENT.

- hss0ees
APPLICATION or PATENT.
Where papers have once been hled viii
the Register and Receiver. they become
part OF the record. and can neither b
Withdrawn nor returned. but must b
transmitted to tho General Land Ofice.
An application will be rejected when th'
description Of tho premises II erroneoui
or insufficient.
Application for patent will bo rejected
because:
First-The notice WAS published without
the knowledge OF the Register.
Second-The notice Was not published
In . newspaper designated - published
nearest the CLAIM.
Third-Rsoord title Was found defective,
and:
Fourth-A previous application had been
mado 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Withdrawn pending .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 tho survey does not accurately de-
fine the boundaries Of tho claim.
Where the claim was not located In &C.
cordance 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 a.
many placer locations a. the local law ad'
-.,h~.na Nl,asxn all In nn annIi-
cation for . patent.
Two or moro lodes cannot be embraced
in one application for . patent except for
placer claims embracing two or more iodes
within their boundaries.
Papers sworn to before any person pur-
porting to act a. deputy for the Register
and Receiver, cannot be recorded ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. clause Ia 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 tho grantee herein. and all rights
necessary or proper to the occupation, poe.
session and enjoyment Of the same"
Publication Of notice must DO made In
only one newspaper for the period OF sixty
days.
Notice must be published ten consecu-
tive weeks in weekly newspapers. and in
daily newspapers sixty days must elapse
between the first and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication OF
notices Of mining application for patent,
1t Is not compliance with law to change
to the weekly edition Of the Same paper
without authosity OF the Register.
The existence Of salt spring on tract
Of land withdrsws 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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle o separate
and distinct claim against each application
which 10 is alleged conflicts with the prem.
ises owned BY such adverse claimant.
Tho papers In an adverse claim once died
cannot be Withdrawn, but become part of
the record.
When an adverse claim has been filed 1t
cannot be amended 30 % 70 embrace .
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must DO made out In
proper form and filed in the proper local
Office during the period Of publication
Of tho application for the patent to be
effective.
Il is 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 acci'
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 tho wrong.
An adverse claimant should set forth In
detail the facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions OF law.
without stating the facts specially. will moi
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 file copy Of the original 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 10 provo that
they are the original locators or the iden-
ticai parties who presented tho adverse
claim.
AoRIcuLruRAL OR MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes. but 10 essenial to
the proper development Of mining claims.
IL should be disposed Of under the mining
Act. =,
Where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will be can.
celed at any -timo prior to issuance oi
patent, upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits OF mineral arc
discovered upon tract after the same has
been entered a. agricultural. but before
patent has been issued. the 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 are discovered
on agricultural lands after the patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot DO re-
ceived In payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of 1t. provided he becomes 9
citizen before iisposing Of the mine. Proof
that the party WAS not . citizen before dis
posing Of his claim must DO afirmatively
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens In the absence Of allegation or OBJ.
jection prior TO issuance Of patent.