Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-26
| UNITED STATES MINING LAWS.
,sro.mArIoN roR LocAroRs
AND OWNERS OF HINES.
Applientions for .Pateuts-Hew %
Deal with Cress Lodes-funnel
Righss-Advsrss Ctains-
The LaW IN Regard
% Alieas-Ets.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been dled with
the Register and Roceivsr. they become {
part Of the record. and can neither bt
Withdrawn nor returned. but must be
transmitted to the General Land ONCE,
An application will be rejected when the
description Of the premises II erroneoai
or insufficient.
Application for patent will be 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-Reoord titlo was found defective,
and:
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withdrawn pending .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 DO rejected
when the survey does not accurately de-
fine tho boundaries Of the claim.
Where the claim Was not located In 40
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 tho 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 as
many placer locations a. tho local law ad-
mits. 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.
porting to act as deputy for tho Register
and Receiver, cannot be recorded a. evi-
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site. clause 10 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 ton oonsecu-
two weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the tirst and the last insertions.
Where tho Register designates the daily
issue OF Q newspaper for publication OF
notices Of mining application for patent,
ID is 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 II from the operation OF
the homestead and pre-emption laws. A
hearing for the purpose OF proving the
agricultural character Of such land Is not
allowed. Land containing valuable de-
posits Of slate may DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file separate
and distinct claim against each application
which il Is alleged conflicts With the prem
ises owned by such adverse claimant.
The papers in an adverse claim once filed
cannot be Withdrawn, but become part Of
the record.
When an adverse claim has been fled 1t
cannot be amended 30 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 filed In the proper local
Office during the period Of publication
Of the application for the patent to be
effective.
II il tho duty Of the adverse claimant 10
commence suit In proper form within the
required time, and II he trusts the unccr.
tain medium Of the United States mail. he
must abide the consequences, should tho
delay ensue through misfortune or acci-
dent. should tho failnro 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 tho facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions Of law.
without stating the facts 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 file acopy 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 10 sufficient.
and they are not required to provo that
they are the original locators or the iden-
tical parties who presented tho adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land 10 OF little II any value for
agricultural purposes, but 10 essential ~
the proper development Of mining claims.
1t should be disposed Of under tho mining
Act.
where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will DO can.
celed at any time prior to issuance OF
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, 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 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 .
citizen before iisposing Of the mine. Proof
that the party Was not citizen before dis.
posing OF his claim must be aHarmatively
shown.
Locators and intermediate owners other
than applicants will not be presumed
aliens In the absence Of allegation or OBJ.
lection prior to issuance Of patent.
The portion Of . mining claim sold to
an alien cannot be patentsd while sncn