Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-01
UNITED STATES MINING LAWS.
ssroRnArIoN FOE LoCAroRs
AHD OWNERS OF MlHED.
Applications fsr fasssss-Hsw -
Deal with Cross Ledes-ruanel
Righss-Advsrss Claims
The Law - Regard
60 Alieas-Eto.
APPLICATION or PATENT.

or insufficient.
Application for patent viii bs rejected
because:
First-The notice was published without
the knowledge Of the Register.
Secoud-The notice was not published
In . newspaper designated - published
Third-Rsoord title was found defective,
and:
Pourth-A previous application had been
made for tho same premises, which wa
Withdrawn pending suit In court COM
menced BY the adverse claimant.
An application for patcntw will DO rejected
when the survey does mot accurately do
fine tho boundaries Of the claim.
Where the cliim 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 ~
many placer locations a. the local law ad-
mits, and embrace them all In ono appli.
cation for . patent.
Two or more 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 tho Register
and Receiver. cannot be recorded a. evil
dence.
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
other municipal improvements not belong.
ing to tho 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 be published ten consecu.
tive weeks in weekly newspapers, and In
daily newspapers sixty days must elspse
between the tirst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent,
IL 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 withdraws Il from the operation Of
the homestead and pre-emption laws. A
hearing for the purpose Of proving the
agricultural character OF sueh land 10 not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which ID IL alleged conflicts With the prem
ises owned by such adverse claimant.
The papers In an adverse claim once dled
cannot be withdrawn, but become partof
the record.
When an adverse claim has been hled II
cannot be amended 30 - 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
Office during the period Of publication
Of tho application for the patent to DO
effective.
II Is the duty Of the adverse claimant to
commence suit In proper form within tho
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 dishou-
est action Of his attorney. tho 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 10 general
terms. embodying conclusions Of law.
without stating the facts specially, will not
be considered in evidence.
An adverse claimant should show Q COM
pliance with the local laws in recording his
claim and in regard 10 expenditures, and
shall file copy Of the original notice OF
his location, and show the nature or extent
Of tho conflict alleged.
An allegation Of parties 10 . suit that
they compose the company 10 SUFFICIENT.
and they are not required TO prove that
they are the original locstors or the iden-
tical parties who presented the adverse
claim.
AomcuLrunAL on xINxRAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential 70
tho 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 pricr to issuance OF
patent, upon satisfactory evidence Of the
-. -t,,s hta IannatAa
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 be re-
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL. provided he becomes .
citizen before iisposing Of the mine. Proof
that the party Was not citizen before dis.
posing OF his claim must be snirmatively
shown.
Locs.ors and intermediate owners other
than applicants will not DO presumed
aliens in the absence Of allegation or OBJ
lection prior to issuance Of patsnt.
Tho portion Of mining claim sold 70
an alien cannot be patented while such
owner 10 an alien; but on his declaration
to become . citizen. his right datss back
to his purchase, and be may thereupon
secure United States patent for his claim
Cross LEpoHs.
Revised Statutes. Section 2sS6.
Where two or more ledges cross or inter-
sect each other. priority Of title shsll gov.
ern. and such prior location shall be enti-
tied TO all ore or mineral contained within
the space Of intersection. but the subse-
quens location shall have the right Of way
through the space Of intersection for the
purpose Of tha convenient working Of the
mine. And where two or more veins units.
the oldest or prior location shall take The
vein bslov the point Of union. including
- l. k~-~~sSls~