Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-02
UNITED STATES MINING LAWS.
,SvoRMArION FOR LOCAToRs
AND OWNERS OF MlnEs.
Appl,easioua for Pateuts-How "a
Deal with Cross Lodes-runnei
Righss-Adverse Claims
The Law in Regard
@ Aliens-Ete.
APPLICATION OF PATENT.

part Of tho record. and can neither pe
Withdrawn nor returned. but must be
transmitted to the General Land ONCE.
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 a. 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Withdrawn pending . suit in court COM
menced by tho adverse claimant.
An application for patent will 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 . claim, application
for patent may DO 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 ad.
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 ~ evil
| denco.
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
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 bo published ten oonsecu-
tive weeks in weekly newspapers, and In
daily newspapers sixty days must elapse
between the drst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of mining application for patent
10 is not . compliance with law to change
to tho weekly edition Of the same paper
without authority Of tho Register.
The 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-
posts Of slate may be entered under tho
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle Q separate
and distinct claim against each application
which it is 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 Of
the record.
When an adverse claim has been filed 1t
cannot be amended so % to embrace Q
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 tho period Of publication
Of the application for tho patent to be
effective.
1t Is the duty Of tho 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, be
must abide the consequences, should tho
delay ensue through misfortune or acci.
dent. Should the failure to commence
"a l.. a.. ~ h.. ne a shO
est action Of his attorney, the Interior De-
partment cannot redress tho 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, and show tho nature or extent
Of the conflict alleged.
An allegation Of parties to suit that
they compose the company Is 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 OR MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but 10 essential =.
the proper development Of mining claims,
1t 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 pricr 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 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 TO
ceived in payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of 1t, provided he becomes
citizen before lisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afirmatively
shown.
Locstors and intermediate owners Other
than spplicants will not be presumed
aliens in the absence Of allegation or OBJ
lection prior TO issuance Of patent.
The portion Of mining claim sold e
an alien cannot be patented while such
owner 10 an alien; but on his declaration
to become . citizen, his right dates bacl
to his purchase. and he may thereupor
secure United States patent for his claim
Cross LEDoEs.
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 within
the space Of intersection. but the subse-
| crant location ahall have tha rivht nj NAV