Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-10

APPLICATION OF pArnrT.

4 :
vithdrsvn pending { suit In court COM
menced by The sdverss olAinaAe =.
An sppiisatjon for patent Win b fS3eeteg
whom the survey does not accurately de-
| fne the boundaries Of the claim.
Where the claim was not located In 90
| 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
tsrests In Q mining claim. all bhould 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 one apph-
cation for patent.
Two or moro 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 - evil
dence.
In all patents for mining claims situated
within the interior boundaries OF . town
ate. . clause II inserted "excepting 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 to the occupation, pos
session and enjoyment Of the same"
Publication OF notice must be made In
only one newspaper for tho period Of sixty
days.
Notice must be published ten consecu-
tive weeks In weekly newspapers. and In
daily newspapers sixty days must eiapse
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.
IL 10 not . compliance With law 70 change
TO tho 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 pro-emption laws. A
hearing for tho purpose OF proving the
agricultural character Of such land ID not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ApvERsx CLAIMS.
Adverse claimants must dle . separate
and distinct claim agsinst each application
which 10 Il alleged conflicts With the prem
ises owned By such sdverss claimant.
The papers in an adverse claim once nlsd
cannot be withdrawn. but become partof
| the record.
When an adverse claim has been filed II
cannot be amended 20 % TO embrace .
larger portion Of the premises than that
| described in the original adverse claim.
L .l.tx ha A. N
proper form and dlsd In the proper local
ofice during tho 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 acci.
dent. Should the failure to commence
suit DO 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 tho facts specially, will not
be considered in evidence.
An adverse claimant should show COM
pliancs with the local laws In recording his
claim and In regard 70 expenditures, and
shall hle copy OF the original notice Of
his location. and show tho 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 prove that
they arc tho original iocators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on NrNxRAL LANDS.
Where land IL Of little II any value for
agricultural purposes, but II essential TO
| the proper development Of mining claims.
1t 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 ct any time prior to issuance OF
patent, upon satisfactory evidence OF tho
existence Of such valuable deposits.
Where valuable deposits Of mineral are
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 10 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.
Il AIIrNa
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 bs amrmahveiy
shown.
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 70
an aliea cannot be patented while such
| owner II An alien but on bis declaration
10 become q citizen. his right dates back
10 his purchase, and he may thereupon
secure United States patent for bis claim'
| cRoss LEDoEs.
Revised Statutes. Section 2SS6.
| Where two or more ledges cross or inter-
sect each other. priority Of tius shall gov.
srn. and such prior location shall be enti'
tied 70 all ore or mineral contained within
the space Of intersection. but the subse-
qusnt location shall have the right Of way
through the space Of intsrsection for the
purpose Of tho convenient working Of the
mine. And whore two or more veins units.
he Oldest or prior location shall tAks the
win bslov the point of union. including
siI ths spses of la,ssSsedoo.