Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-18
UNITED STATES MINING LAWS.
IAFoaMArIoH roR LocAroRs
AAD OWNERS OF HINES.
Applications fsr Passsts-Hew %
Deal with Gross Lodes-Tuansl
Bighs-Adverse Claims
The Law - Regard
Go AlleaU-Iso.

APPLICATION OF PATENT.
Where pspers have once been hled with
the Register and Receiver. they become .
part OF the record, and can neither DO
Withdrawn nor returned, but must be
transmitted TO the General Land 0fico.
An application will DO rejected when the
description Of the premises 10 erroneous
or insufficient.
Application for patent will bs rejected
because:
Fint-The notice was published without
the knowledge Of the Register.
~Second-The notice was not published
In . Newspaper designated - Published
nearest the claim.
Third-Rsoord title was found defective,
and;
Fourth-A previous application had been
made for the lame premises, which wis
withdrawn pending . suit In court pom.
menced BY the adverse claimant.
An application for patent will be rejected
when the survey does not accurately de-
ane the boundaries Of the claim.
Where the claim was not located In 90.
oordsnoe 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 v undivided In
forests In . mining claim. all should Join
In IN application for . patent.
A person or association may purchase -
many placer locations - the local law I'D.
mits. and embrace them all 10 q 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 their boundaries.
Papers sworn to before any person pur-
porting TO act - Q deputy for the Register
and Receiver. osnnot be recorded - evil
dsnoe.
In all patents for mining claims situated
within the interior boundaries OF . town
site. Q clause Il 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 q Newspaper for the period OF sixty
days.
Notioe must DO published ten oonseou.
tive weeks In weekly newspapers, and 10
daily newspapers sixty days must elspse
between the drst and the last insertions.
Where the Register designstes the daily
Issue OF . newspaper for publication OF
notices Of . mining application for patent,
II 10 not . compliance with law to change
To the weekly edition Of the same paper
without authority Of the Register.
The existence OF Q salt spring on . tract
Of land ~withdraws Il from the operation Of
the homestead and presumption 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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate
and distinct claim against each application
which II 10 alleged conflicts with the prem.
ises owned BY such adverse claimant.
The papers In an adverse claim once fled
cannot be Withdrawn, but become . part OF
the record.
Whom 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 Hled In the proper local
office during tho period Of publication
Of the application for the patent to be
effective.
II 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. be
must abide the consequences, should the
delay ensue through misfortune or acoi.
dent. Should the failure TO commence
suit DO the result Of tho corrupt or dishon.
est action Of his attorney. the Interior De-
pertinent cannot redress the wrong.
An adverse claimant should set forth In
detail the facts upon which be bases his
adverse claim. A statement In general
tsrms, ~embodying conclusions OF law.
without stating the facts specially. will not
be considered In evidence.
An adverse claimant should show . com.
plisnoe with the local laws In recording his
claim and In regard 10 expenditures. and
shall Ale . copy Of the original notice Of
his location. and show the nature or extsnt
Of the CONFLICT alleged.
An allegation Of parties 10 . suit that
they compose the company II sufficient.
and they are not required to prove that
they are the original l~ocators or the iden.
tioal parties who presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential 10
the proper development Of mining claims,
II 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 the
existence Of such valuable deposits.
Where valuable deposits Of mineral are
discovered upon = tract after the same has
been entered 40 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 b 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,
they pass with the patent.
Agricultural college scrip cannot b re-
oeived In payment for claims.
ALIENS.
A foreigner may make . mining location
and dispose Of II, provided he becomes .
oitissn before iisposing Of the mine. Proof
that the party was not . citizen before dis
posing Of his claim must bs afarmativsly
shown.
Locators and intermediate owners other
than applicants will not be presumed
aliens In the absence Of allegation or OBJ
lection prior 10 issuance Of patent.