Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-23
UNITED STATES MINING LAWS
,.ropMArIOS FOE LOCATORs
AND OWNERS OF MINES.
Appiieasiens for Patssts-Hew %
Deal with Gross Ledes-Tuanel
Righss-Adverss Claims
The Law ~ Regard
60 AIiens-Eto.

deal with Cross Looeo-Iuonet
Rixhts-Adverss Ciaims-
The Law ts Regard
90 Alisns-Ets.
APPLICATION OF PATENT.
Where papers have once been fled with
the Register and Receiver. they become q
part OF the record, and can neither be
Withdrawn nor returned. but must be
transmitted to the General Land Once.
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 puolished
In . newspaper designated as published
nearest the claim.
Third-Reeord 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withdrawn pending .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 be rejected
when the survey does not accurately de-
fne the boundaries Of the claim.
Where tho 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 -
many placer locations as the local law ad'
mits, aud embrace them all In one sppli'
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.
Papers sworn to before any person pur-
porting to act as deputy for the kegister
and Receiver. cannot be recorded as evil
dence.
In all patents for mining claims situated
within the interior boundaries OF . town
site. q 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 tho occupation, pos
session and enjoyment Of the same"
Publication Of notice must be made In
only ono 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 tho last insertions.
Where the Register designates the daily
issue Of q 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 authority Of the Register.
The existence Of salt spring on tract
OF land withdraws IL from tho 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 dc.
posits Of slate may DO entered under tho
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle . separate
and distipc, 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 filed II
cannot be amended 30 as to embrace .
larger portion Of the premises than that
described In tho 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 DO
effective.
1t 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 the 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 not
DO 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, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties to suit that
they compose the company Is sufficient,
aud they are not required to prove that
they are the original iocators or the iden.
tical parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes. but 10 essential "a
the proper development OF mining claims,
il should be disposed Of under tho mining
Act.
where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will be can.
celed at any time pricr 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. the parties claim
ing the mine may mako application for
pattht ioA oahict ehb tho
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.
thoy pass 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. provided he becomes 2
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must DO amrmativeiy
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens in the absence OF aliegauon OF oo-
lection prior to issuance OF patent -, A.
x.tntnU claim a0I0 10