Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-14
UNITED STATES MINING LAWS.
ssroamArIoN FOE LocAroRs
AND OWNERS OF HINES.
Appiieatiess for Patests-How 20
Deal with Cross Lodes-Tunnsl
Rights-Adverse Claims
The Law ta Regard
60 Alieas-kse.
APPLICATION OF PATENT.

Application Tor patent wiii DO felecte'
because:
First-The notice was published withou
the knowledge Of the Register.
Sccond-The notice was not publishe'
In . newspaper designated - publishe'
nearest the claim.
Third-Record title was found defective
and:
Fourth-A previous application had beef
made for the same premises. which va
Withdrawn pending . suit In court com
menced by the adverse claimant.
An application for patent will be relectet
when the survey does not accurately de
fins the boundaries Of the claim.
Where the claim was not located In &C
cordance with law.
Where several parties own separate ant
distinct portions Of claim. application
for patent may be made By either for tha
portion Of the claim owned BY him; bu
where several. parties own undivided In
terests In mining claim. all should joit
In an application for patent.
A person or association may purchase =
many placer locations a. the local law I'D
mits, and embrace them al in one appli
cation for . patent.
Two or more iodes cannot be embraced
in ono application for . patent except fol
placer claims embracing Two or more lodei
within their boundaries.
Papers sworn to before any person pur'
porting to act a. deputy for the Register
and Receiver, cannot be recorded ~ syi'
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. clause 10 inserted "excepting and
excluding all town property. rights upon
tho surface. and all houses. buildings,
structures. lots. blocks. streets, alleys. OF
other municipal improvements not belong
ing to the grantee herein, and all rights
necessary or proper to the occupation, pos
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 Ia
daily newspapers sixty days must elaps'
between the hrst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication o
notices Of mining application for patent
it Is not compliance with law TO change
TO the weekly edition Of tho same paper
without authority OF the Register.
The existence Of = salt spring on Q tracl
OF land withdraws IL from the operation ol
the homestead and presumption 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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle . 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 oi
tho record.
When an adverse claim has been fled II
cannot be amended 20 a. TO embrace q
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must DO made out In
proper form aud filed in the proper local
oficc during the period Of publication
Of the application for the patent to bs
effective.
1t il the duty Of the adverse claimant 10
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 DO the result Of the corrupt or dishon'
est action Of his attorney. the Interior Do
psrtment cannot redress the wrong.
An adverse claimant should set forth 10
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 mol
be considered in evidence.
An adverse claimant should show com.
pliance with tho local laws In recording his
claim and in regard TO expenditures. and
shall Ale copy Of the original notice oi
his location. and show the nature or exten,
Of the conflict alleged.
An allegation Of parties to suit tha,
they compose the company 10 sufficient
and they are not required to prove that
they are tho original locators or the iden.
tical parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land 10 Of little II any value foi
agricultural purposes, but 10 essential "a
the proper development OF mining claims
IL should be disposed Of under tho mining
Act.
Where lands containing valuable
mineral deposits have been included in ~
agricultural entry. said entry will be can
celed ct 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 the same hal
been entered a. agricultural. but before
patent has been issued. the parties claim
ing tho mine may make application foI
patent for same, and the agricultural entr!
will be cancelled to that portion Of the lant
embraced by said mining claim.
Where mineral deposits are discovered
on agricultural lands alter the patent ha
been issued to an agricultural claimant
they pass with the patent.
Agricultural college scrip cannot DO 70
ceived in payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of IL. provided he becomes
citizen before iisposing OF the mine. Proc
i tlat the party WAS uut CihScu oeioto uis
posing Of his claim must be afarmativsl
shown.
Locstors and intermediate owners othe
than applicants will not be presume
aliens in the absence Of allegation or Oh
lection prior TO issuance OF patent.
The portion Of . mining claim sold :
an alien cannot bs patented while sue
owner 10 An alien; but on his declaration
to become citizen, his right dates bac
to his purchase. and he may thereupo
secure United States patent for his claim
Cross LxDoEs.
Revised Statutes. Section 1855.
Where two or more lodges cross or inter
sect each other. priority Of title shall gov
ern. and such prior location shall DO enti
tied to all ore or mineral contained withil
tho space Of iutsrsection. but the subss
quent location shall have the right Of va
through the space Of intersection for th
purposs Of ths convenient working Of th
mine. And WHARF two or moro veins units
The Oldest or prior location shall take th
II - A..