Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-15
UNITED STATES MINING LAWS.
IMPORTATION vOR LocsToRs
AND OWNERS OF MINES.
Applications fer Passuts-How %
Deal with Cross Lodes-Tusnsi
Rishts-Adverse Claims
The Law in Regard
% Allens-Eto.
APPLICATION or PATENT.

the Register and Receiver, they become
part Of the record. and can neither bt
Withdrawn nor returned, but must bt
transmitted to the General Land Onlce.
An application will be rejected when tht
description Of the premises 10 erronsosi
or insufficient.
Application for patent will b rejected
because:
First-The notice was published without
the knowledge OF the Register.
9ecoud-The notice was not published
In . newspaper dssignatsd - published
nearest the claim.
Third-Rsoord ttls was found defective.
and:
Fourth-A previous application had been
made for the same premises. which was
Withdrawn pending . suit In court oom'
menced by the adverse claimant.
An application for patent will be rejected
when the survey does not accurately do
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 tho 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 -
many placer locations as the local Law I'd.
mits, and embrace them al In one appll.
cation for . patent.
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 - deputy for the Register
and Receiver, cannot be recorded - evi.
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. . clause IL 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 be published ten consecu.
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elspse
between the frst and the last insertions.
Where the Register desisnates the daily
issue Of . newspaper for publication Of
notices Of mining application for patent,
IL 10 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 tract
Of land withdraws II from the operation Of
the homestead aud 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 Ole . separate
and distinct claim against each application
which II 10 alleged conflicts With the prem.
ises owned by such adverse claimant.
The papers 10 an adverse claim once hled
cannot be withdrawn, but become part Of
the record.
When an adverse claim has been nlsd II
cannot be amended 20 20 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 fled In the proper local
Office during the period OF publication
Of the application for the patent to bs
effective.
Il 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, he
must abide the conseq should the
delsy ensue through misfortune or acci.
dent. Should the failure to commence
suit be the result Of tho corrupt or dishon.
est sction'of bis 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 10 general
terms, embodying conclusions Of law.
without stating the facts specially, will not
be considered In evidence.
An adverse claimant should show com.
pllance with the local laws IN recording his
claim and In regard to expenditures, and
shall fls copy Of the original notice Of
his location. aud show the nature or extent
OF the conflict alleged.
An allegation Of parties 10 . suit that
they compose the company 10 sufficient,
and they are not required to prove that
they are the original locstors or the idsn.
ticsl parties who presented the adverse
claim.
AoRrcuLTuRAL Oh MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential 10
the proper development Of mining claims,
4. should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In sn
agricultural entry, said entry will be can.
celed st 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 a. 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 be 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 tho patent.
Agricultural college scrip cannot be re-
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. Proof
that the party was not citizen before dis
posing OF his claim must be afarmativsly
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens In the absence Of allegation or OBJ.
lection prior TO issuance Of patent.
The portion Of . mining claim sold 70
an alien cannot be patented while such
owner 10 an alien; but on bis declaration q
10 become Q citizen, his right dates bsok
70 his purchase, and he may thsreupon
secure United States patent for his claim.
CROSS LrDors.
Revised Statutes. Section 23S6.
Where two or more ledges cross or inter-
sect each other. priority Of title shall gov
ern, and such prior location shall be enti'
tied 10 all ore or mineral contained within
the space Of intersection. but the subse'
oueut location shall have the right Of way
through the space Of intersection for the
purposs Of tha convenient working Of the
-. A.a .hsra two 0r Ynora vai0a unitA