Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-09
UNITED STATES MINING LAWS.
,.vosnArioS FOR L0oAroRs
AND OWNERS OF MIAEs.
A,,l,essisss rsr Pasests-Hew %
neal with Csoss Ledes-Tuanel
Righss-Adverse Claims
The Law - Regard
- Allsas-Bte.

/ kIkn98-A0NCG0o Osoak4e
The Law - Rsgard
- Alisss-Ess.
APPLICATION OF PATENT.
Where papers have once been hlsd with
the Register and Receiver, they become .
part Of the record. and can neither 30
Withdrawn nor returned. but must be
| transmitted 70 the General Land Omcs.
An application will be rejected when the
description Of the premises 10 erroneous
| 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.
and:
Pourth-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Withdrawn pending .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 be rejected
when the survey does not accurately de-
| fine the boundaries Of the claim.
Where the claim was not located In &C.
cordsncc 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
forests In q mining claim. all should Join
In an application for patent.
| A person or association may purchase -
many placer locations ~ the 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 tkeir boundaries.
Papsrs sworn to before any person pur-
porting to act a. deputy for the Register
spJ Receiver, cannot be recorded ~ evi-
denee.
In al 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 ten consecu-
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elapse
between the drst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent,
II 10 not . compliance with law 10 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 tho operation Of
the homestead and pre-emption laws. A
hearing for the purpose Of proving tho
agricultural character Of such land is not
allowed. Land containing valuable de-
posits Of slate may be entered under the
mining Acts.
ApvERsE CLAIMS.
Adverse claimants must flo . separate
and distinct claim against each application
which ID Ii alleged conflicts with the prem
ises owned BY such adverse claimant.
Tho papers In an adverse claim once hled
cannot be Withdrawn. but become part OF
the record.
When an adverse claim has been fled II
cannot be amended 30 a. 10 embrace .
larger portion Of the premises than that
described in tho original adverse claim.
An adverse claim must be mado out In
proper form and dled In the proper local
offico during the period Of publication
Of the application for tho patent to DO
effective.
II Is the duty Of the adverse claimant to
commence suit In proper form within the
REQUIRED time, and II he trusts the uncer.
iain 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 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 conclusion 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 10 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 10 sufficient.
and they are not required 10 prove that
they arc the original locators or the iden.
tical parties who presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but 10 essential 70
tho proper development Of mining claims,
II should be disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In "a
agricultural entry, said entry will be 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 are
discovered upon tract after the same has
been entered ss agricultural. bat before
patent has been issued. tho parties claim
ing the mine may mako 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 arc discovered
ON agricultural lands after the patent has
been issued to an agricultural claimant,
they psss with the patent.
Agricultural college scrip cannot be re-
ceived in payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of II. providea ho becomes .
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afirmatively
Locator and intermediate owners other
than applicants will not DO presumed
aliens in the absence OF allegation or OBJ
lection prior 70 issuance Of patent.
The portion Of mining claim sold TO
an alien cannot be patented while such
owner is an alien; but on his declaration
to become . citizen, his right dates oack
- ha ms thorQnn0n