Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-15
UNITED STATES MINING LAWS.
,.voaMArIoN POE LOCATIONS
AND OWNERS OF HIRES.
Appiieatiens fur Passats-Hew q
peal with Gross Ledes-Tunnel
Rtghts-Adverss Ciaims-
The Law In Regard
60 Alisns-Et0.
APPLICATION OF PATENT.

Where papers have once been fled 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withdrawn nor returned.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 0nice.
An application will DO rejected when the
description Of the premises ID erroneous
or insufficient.
Application for patent will be rejected
because:
Pirst-The notice was published without
the knowledge Of the Register.
Second-The notice was not Published
In = newspaper designated a. published
nearest tho claim.
Third-Record title Was found defective,
and:
Pourth-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withdrawn pending suit In court COM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 tho 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 DO made by either Tor that
portion OF the claim owned by him; but
where several parties own undivided IN
terests In q 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 ono sppli-
cation for Q patent.
Two or moro 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 Register
and Receiver. cannot be recorded ~ 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 the occupation, pos
session and enjoyment Of the same"
Publication Of notice must be made In
only one newspaper for the period OF sixty
days.
Notice must DO published ten corsecu-
tive weeks in weekly newspapers, and In
daily newspapers sixty days must elapse
between tho tirst and tho last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Oh
notices OF mining application Tor patent
10 Is not o 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 the operation OF
the homestead and pre-emption laws. A
hearing for the purpose Of proving the
agricultural character Of such land Is not
allowed. Land containing valuable de-
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fllo separate
and distinct 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 oil
the record.
When an adverse claim has been 6led II
cannot be amended 80 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 1led in the proper local
ofico during the period OF publication
Of tho application for tho patent to be
effective.
1t is the duty Of tho 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
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 the company Is sufficient,
and they arc not required to prove that
they are the original locators or the iden-
tieal parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but Is essential -
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 an
agricultural entry. said entry will be can.
celed at any time pricr to issuance of
patent, upon satisfactory evidence oil 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 for
patent for same. and the agricultural entry
A n. L..