Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-23
UNITED STATES MINING LAWS.
APPLICATION OF PATENT.


APPLICATION OF PATENT.
Whore papers have once been filed 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Withdrawn nor returned.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 Omce.
An application will be rejected when the
description Of the premises h erroneous
or insufficient.
Application for patent viii bs rejected
because:
Pirst-The notice was pubIished without
the knowledge Of the Register.
Secoud-The notice was not published
In . newspaper designated - published
nearest the CLAIM.
Third-Rscord title vM 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Withdrawn pending .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 DO rejected
when tho survey does not accurately DO
fino tho boundaries Of the claim.
Where tho claim was not located In &C.
cordance with law. i,
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 ~ the local law ad-
mits. and embrace them oil In one appli-
cation for Q patent.
Two or more lodes cannot be embraced
in ono 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 a. deputy for the Register
and Receiver, cannot DO recorded ~ evil
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 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 be published ten consecu-
tive weeks In weekly newspapers, and In
daily newspapers sixty days must .elapse
between the hrst and the last insertions.
Where the Register designates the daily
issue Of o newspaper for publication Of
notices Of mining application Tor pstent'
10 is not . compliance with law to change
to the weekly edition Of the same paper
without authosity Of tho Register.
Tho existence Of salt spring on tract
Of land withdraws II from tho operation of
the homestead and prescription laws. A
hearing for the purpose Of proving the
agricultural character-of such land 10 not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle . separate
and distinct claim against each application
which ID IL alleged conflicts with the prem.
ises owned BY such adverse claimant.
The papers In an adverse claim once lled
cannot DO withdrawn. but become part Of
the record.
When an adverse claim has been fled II
cannot be amended 30 a. 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 hled In the proper local
Office during the period OF publication
Of the application for the patent to be
effective.
It is the duty Of the adverse claimant to
commence suit In proper form within the
required time. and II he trusts the unccr.
tain medium Of the United States mail, he
must abide the consequences, should tho
delay ensuo through misfortune or acci-
dent. should the failure to commence
suit be tho result Of tho corrupt or dishon-
est action Of Bis attorney, the Interior Do
partment cannot redress the wrong.
An adverse claimant should set forth in
detail tho 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 tho 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 the company 10 sufficient,
and they are not required to prove that
they are the original 'locators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but II essential ="
the proper development OF mining claims,
10 should be disposed OF under the mining
Act.
where lands containing valuable
mineral deposits have been included In an
agricultural entry, said entry will DO can.
celed at any time prior to issuance OF
patent, upon satisfactory evidence Of tho
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 make application Tor
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 DO re-
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL. provided he becomes Q
citizen before iisposing Of the mine. Proof
that the party WAS not citizen before dis.
posing OF his claim must be afarmatively
shown.
Locstors and intermediate owners other
fhan applicants will not DO presumed
aliens in the absence Of allegation or OBJ
lection prior 10 issuance Of patsnt.
The portion Of mining claim sold TO
an alien cannot be patented while such