Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-06
APPLICATION OF PATENT.

An application for patent will be rejected
when the survey does not accurately Dc
| 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 be made by either for thai
portion Of the claim owned by him; bu'
where several parties own undivided In
terests in mining claim. all should Join
in an application for . patent.
A person or association may purchase Al
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 Registor
and Receiver. cannot be recorded as evil
dence.
In all patents for mining claims situated
within the interior boundaries Of Q town
site, a 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 VI notice must DO made In
only one newspaper for the period Of sixty
days.
Notice must be published ten cousecu-
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the trst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication oi
notices Of mining application for patent
IL is not q 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 IL from the operation oil
the homestead and pro-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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle . separate
and distinct. claim against each application
which 10 Is alleged conflicts with the prem
ises owned by such adverse claimant.
The papers in an adverse claim once hled
cannot be withdrawn, but become . part Of
the record.
When an adverse claim has been filed 1t
cannot DO amended 80 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 the patent to DO
effective.
II 10 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, he
must abide the consequences. should the
delay ensue through misfortune or acci.
dent. should the failure to commence
suit DO the result Of the corrupt or dishon.
est 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, aud
shall nle copy Of the original notice Of
his location, and show the 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-
.ical parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but 10 essential 10
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 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 as 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 tho patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
ceived in paymen, for claims.
ALIENS.
A foreigner may make mining location
and dispose Of 10, provided he becomes .
citizen before iisposing 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 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 TO
an alien cannot be patented while such
owner ia an alien; but on his declaration
to become citizen, his right dates back
to his purchase. and he may therenpon
secure United States patent Tor MS eiaim'
cross LEpoIs.
Revised Statutes. Section 1856.
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 to all ore or mineral contained within
the space Of intersection, but the subsc-
quent location shall have the right Of way
through the space Of intersection for the
purpose OF the convenient working Of the
mine And where two or more yeips upite.
the oldest or prior location shall take the
win below the point Of union. including
Ill the spsos Of intersection