Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-13
UNITED STATES MINING LAWS.
Applieatiess for Passnts-Hew te
peal with Gross Ledes-Tuansi
Righss-Advsrse Claims
The Law in Regard
90 Allens-Ess.
APPLICATION OF PATENT.


Where papers have once been Aled with
the Register and Receiver, they become .
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withdrawn nor returned.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 bs 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-Record title was found defective.
and:
Pourth-A previous application had been
made for the same premises. whicn 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withdrawn pending .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-
flue the boundaries Of tho claim.
Where the claim Was not located In &C.
cordance with law.
Where several parties own separate ana
distinct portions Of . claim. application
for patent may be made BY either Tor tnat
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 40
many placer locations a. 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 moro lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act as deputy for the Register
and Receiver, cannot DO recorded - evil
dence.
In all patents for mining claims situated
within tho interior boundaries Of . town
site. clause 10 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 tho grantee herein. and all rights
necessary or proper to the occupation, pos
session and enjoyment Of the same"
Publication Of notice must DO made In
only one newspaper for the period OF sixty
days.
Notice must DO 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,
IL il not q compliance with law to change
TO the weekly edition Of the same paper
-.sko,,k - af tha RAOiatar.
The existence Of salt spring on tract
Of land withdraws it from the 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 de-
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must flle . separate
and distinct claim against each application
which IL il alleged conflicts with tho prem
ises owned by such adverse claimant.
The papers In an adverse claim once filed
cannot be withdrawn, but become = part OF
tho record.
When an adverse claim has been filed II
cannot be amended 90 - 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 tho patent to bo
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 tho 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 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 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 tho company Is sufficient,
and they are not required to prove that
they are the original locators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes. but is essential :.
tho proper development OF mining claims,
1t should DO 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 ct any time pricr to issuance Of
patent. upon satisfactory evidence Of the
existence Of such valuable deposits.
Where valuable deposits Of mineral are