Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-21
UNITED STATES MINING LAWS.
sSroRMArION FOE LOCAT0Rs
AND OWNERS OF nlAEs.
Appiieasions for Patents-How q
Deal with Csoss Lodes-runnel
Righss-Adverse Claims
The Law In Regard
60 Aliens-Et9.
APPLICATION OF PATENT.

part OF the record. and can neither be
withdrawn nor returned. but must be
transmitted to the General Land Onice.
An application will be rejected when the
description Of the premises Ia 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:
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withdrawn pending .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-
fine the boundaries Of the claim.
Where the 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 tho claim owned by him; bu'
where several parties own undivided in
terests In mining claim. all should Join
in an application for patent.
A person or association may purchase as
many placer locations as tho 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 Tor
placer claims embracing two or more lodes
within their boundaries.
Papers sworn to before any person pur'
porting to act as deputy for the Register
and Receiver. cannot be recorded ~ evil
dence.
In all patents for mining claims situated
within tho interior boundaries OF town
site, q clause 10 inserted excepting and
excluding all town property rights upon
the surface, aud 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 bo 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 hrst and tho last insertions.
Where the Register designates the daily
issue Of . newspaper for publication oil
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 Q tract
OF land withdrsws II from the operation oi
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 bo entered under tho
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which IL Is alleged conflicts with tho prem
ises owned by such adverse claimant.
The papers in an adverse claim once filed
cannot DO withdrawn, but become part of
the record.
When an adverse claim has been filed II
cannot be amended so as 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 filed in the proper local
Office during the period Of publication
Of tho application for the patent to be
effective.
It 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 ensuo through misfortune or acci.
dent. should the failure to commence
suit bo the result Of the corrupt or dishon.
est action Of his attorney, the Interior De-
partmeut 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 oi
his location, and show the nature or extent
Of the conflict alleged.
An allegation Of parties to . suit that
they compose the company Is sufficient,
and they are not required to prove that
they are the original locators or the iden'
ticai parties who presented the adverse
claim.
AGRICULTURAL or MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but is essential a.
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 ar
agricultural entry, said entry will be can
celed at any time prior TO issuance ol
patent, upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits Of mineral are
discovered upon tract after tho same hal
been entered as agricultural. but before
patent has been issued. the parties claim
ing tho mino may make application foi
patent for same. and the agricultural entr,
will be cancelled to that portion Of the lane
embraced by said mining claim.
Where mineral deposits are discovered
on agricultural lands after the patent ha
been issued to an agricultural claimant
they pass with the patent.
Agricultural college scrip cannot be 70
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL. provided he becomes
citizen before iisposing Of the mine. Proc
that the party Was not citizen before dis
posing OF his claim must be afhrmativel.
shown.
Locstors and intermediate owners othe
than applicants will not be presums'
aliens in the absence Of allegation or Oh
lection prior to issuance Of patent.
The portion Of . mining claim sold =
an alien cannot be patented while sucl
owner is an alien; but on his deciaratoi
to become q citizen, his right dates bacl
to his purchase, and no may thereuPoi
secure United States patent for his claim
CROSS LEDoEs.
Revised Statutes. Section 2336.
Where two or moro lodges cross or inter
sect each other. priority Of title shall gov
ern. and such prior location shall be EMU
tied to all ore or mineral contained within
the space Of intersection. but the subss
| ouent location shall have the right OF va,