Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-19
UNITED STATES MINING LAWS.
,svopmArIoy FOR LOCATORs
AND OWNERS OF MINES.
for Pateuts-How 70
Deal with Csoss Lodes-Tunnei
Righss-Adverse Claims
Tho Law t0 Regard
90 AIiens-kto.
APPLICATION OF PATENT.


part Of the record. and can neither be
Withdrawn nor returned. bot must be
transmitted TO the General Land Office.
An application will be rejected when the
description Of the premises Is erroneous
or insufficient.
Application for patent will DO rejected
because:
First-The notice was published without
| the knowledge Of the Register.
Second-The notice was not published
In q newspaper designated as 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withdrawn pending q suit in court COM
menced by the adverse claimant.
An application for patent 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 q claim. application
| for patent may be made by either for that
| portion OF the claim owned by him; but
whero 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 appii-
cation for patent. i,
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 is deputy for the Register
and Receiver, cannot be recorded as evi-
dcncc.
In all patents for mining claims situated
within the interior boundaries OF town
site. q clause Is inserted excepting anu
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 bc published ten cousecu-
tive weeks in weekly newspapers, and In
between the tirst and tho last insertions.
Where the Register designates the daily
issue Of newspaper for publication oi
notices Of mining application Tor PATENT
1t 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 tract
Of land withdraws 1t from the operation OF
the homestead aud prescription laws. A
hearing for tho purpose Of proving the
| agricultural character Of such land Is not
allowed. Land containing valuable dc.
posits Of slate may bo entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file separate
and distinct claim against each application
which 10 is alleged conflicts with tue prem
ises owned by such adverse claimant.
The papers in an adverse claim once filed
cannot be withdrawn, but become partoi
the record.
When an adverse claim has been filed IL
cannot DO amended so as 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 filed in the proper local
Office during the period Of publication
Of tho application for tho patent to DO
effective.
1t 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 tho consequences, should the
delay ensue through misfortune or acci.
dent. should the failure to commence
suit be the result Of the corrupt or dishon-
es, 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. aud show the nature or extent
Of the conflict alleged.
An allegation Of parties to suit that
they compose tho company Is sufficient,
and they are not required to prove that
they are the original iocators or the iden-
tical parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land is of little IL any value for
agricultural purposes, but Is essential q"
the proper development OF mining claims,
it 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 a. 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 as agricultural, but before
patent has been issued, tho parties claim
ing the mine may make application for
patent for same. aud the agricultural entry
| will be Cancelled TO that portion OF the land
embraced by said mining claim. y,
| 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-
ceiyed in payment for claims.
A foreigner may make mining location
and dispose Of it, provided he becomes .
citizen before lisposing Of the mine. Proof
| that the party was not citizen before dis
posing Of his claim must be aairmativeiy
shown.
Locators and intermediate owners other
than applicants will not bc presumed
aliens in the absence OF allegation or oo-
lection prior to issuance OF patent.
The portion of mining claim sold TO
an alien cannot be patented while suen
owner is an alien but on his declaration
TO become a citizen. his right dates back
to his purchase. and ho may thereupon
secure United States patent for his elaim'
| CROSS LED0Es.
Revised Statutes. Section 1886.
| Where two or more lodges cross or inter-
sect each other. priority Of title shall gov
ern. aud such prior location shall be enti-
| tied to all ore or mineral contained within
the space Of intersection. but the subse-