Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-19
APPLICATION OF PATENT.

menced BY the adverse claimant.
An application for patent will DO rejected
when the survey docs not accurately do
fine the boundaries Of the claim.
Where the claim Was not located In &C.
cordanco 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 own undivided In
terests In mining claim, all should JOIN
In an application for . patent.
A person or association may purchase %
many placer locations a. the local law I'D.
mits, and embrace them all In one appli-
cation for 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 a. evil
dsnee.
In all patents for mining claims situated
within the interior boundaries OF . town
site. 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 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 ono newspaper for the period OF sixty
days.
Notice must DO published ten consecu-
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elspse
between the hrst and the last insertions.
Where the Register designstes the daily
issue Of . newspaper for publication OF
notices Of mining application for patent,
10 IL not compliance with law TO change
to the weekly edition Of the same paper
without authosity OF the Register.
Tho 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 10 not
allowed. Land containing valuable de-
posits Of slate may be entered under the
mining Acts.
ApvEnsx CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which IL is alleged conASts with the prem.
ises owned BY such adverse claimant.
The papers In an adverse claim once filed
cannot be withdrawn, but become part Of
the record.
When an adverse claim has been Aled II
cannot be amended 30 - 10 embrace .
larger portion Of tho premises than that
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 n publication
Of tho application FOR the patent to DO
effective.
1t Ia the duty Of the adverse claimant 10
commence suit In proper form within tho
required time, and II be trusts tho uncer.
tain medium Of the United States mail, he
must abide tho consequences, should the
delay ensuo 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 tho wrong.
An adverse claimant should set forth In
detail tho 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.
pliance with the local laws In recording his
claim and in regard 70 expenditures. and
shall file 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 locators or the idsn-
tical parties who presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land IL Of little II any value for
agricultural purposes, but 10 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 prior to issuance Of
patent, upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon . tract after the same has
been entered a. agricultural. but before
patent has been issued. the parties claim
ing the mine may mako 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 the patent.
Agricultural college scrip cannot be re-
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. Proof
that the party Was not citizen before dis.
posing Of his claim must be af3rmatively
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens In the absence OF allegation or op-
lection prior 70 issuance Of patent.
The portion Of . mining claim sold 70
an alien cannot be patented while such
owner IL an alien; but on his declaration
to become citizen. his right dates back
to his purchase, and he may thsreupon
secure United States patent for his claim.
CROSS LEpoIs.
Revised Statutes. Section 2S36.
Where two or moro 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-
qusnt location shall have the right Of way
through the space Of intersection for the
purpose Of tho convenient working Of the
mine, And where two or moro veins unite,
the Oldest or prior location shall taks the
win bslow the point Of union, including
~ ths spacs oi intsgseetioo.