Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-10-12
UNITED STATES MINING LAWS.
asroRMArloN FOB LoCAr0Rs
AND OWNERS OF AlaEs.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Whore papers have once bean fied with
the Reeister and Rscsiver. they become
part Of the record, and can neither b
withdrawn nor returned. but must be
transmitted to the General Land ONCE.
An application will be rejected when the
description ot the premises Ii srronsosi
or insufficient.
Application for patent will bs rejected
because:
Pirst-The notice Was published without
the knowledge Of the Register.
Second-The notice was not published
in . newspaper dssisnatsd ~ published
nearest the claim.
Third-Rscord title was found defective
and:
Fourth-A previous application had been
made for the same premises. which Was
withdrawn pending Q suit In court COM
menced BY the adverse claimant.
An application for patent VIII DO relecseo
when the survey does not accurately de-
flue the boundaries Of the claim.
Where the claim was not located In 90
cordsnce with law.
where several parties own separate and
distinct portions Of . claim. application
for patent may be made BY either for thai
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 - the local law ad-
mits, and embrace them all In one appli.
cation for . patent.
Two or more lodcs cannot be embraced
in one application for . patent except for
placer claims embracing two or more iodes
within their boundaries.
Papers sworn to before any person pur-
porting TO act q deputy for the Register
and Receiver. cannot be recorded n evi.
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site, . clause Ia inserted "excepting aud
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 the grantee herein. and all rights
necessary or proper to the occupation. poe.
session aud 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 eiapse
between the frst and tho last insertions.
Where the Register designates the daily
issue Of . newspaper for publication oi
notices Of . mining application for patent
Ia Ia not q 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 10 from the operation ot
the homestead aud pre-emption laws. A
hearing for the purpose of proving the
agricultural character Of such land 10 not
allowed. Land containing valuable de-
posits Of slate may be entered under the
mining Acts.
ADvrRsI CLAIMS.
Adverse claimants must fle . separate
and distinct claim against each application
which IL IL 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 hled II
cannot be amended 90 - to embrace q
larger portion Of the premises than that
described in the original adverse claim.
An adverse claim must be made out IN
proper form and flsd in the proper local
ofice during the period Of publication
Of tho application Tor the patent to be
effective.
II IL the duty Of the adverse claimant TO
commence suit in proper form within the
required time. and II ho trusts the uncer'
tain medium Of the United States mail. he
must abide the consequences, should the
delay ensuo through misfortune or acei.
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
be considered in evidence.
An adverse claimant should show com.
pliance with the local laws In recording his
claim and In regard TO expenditures. aud
shall fle q 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 10 sufficient,
and they are not required to prove that
they are the original iocators or the iden'
ticai parties who presented the adverse
claim.
AoRicrLruRAL on MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes. but is essential to
the proper development Of mining claims
IL should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In au
agricultural entry. said entry will be can.
celed at any time pricr to issuance oi
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 a. agricultural. but before
patent has been issued. the parties claim
ing tho mine may make application Tor
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 Sp 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 II. provided he becomes ,
citizen before iisposing Of the mine. Prooi
that the party Was not . citizen before dis
posing OF his claim must be afirmatively
shown.
Locator 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 Y
an Alien cannot be patented while sucf