Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-28
UNITED STATES MINING LAWS.
rvroRmArIoN FOE LOcAr0Rs
AND OWNERS OF HINES.
Appl,casions for Patsnts-How %
Deal with Csess Lodes-Tuansl
RiEhss-Adverse Ciaims-
The Law in Regard
% Alteas-kte.
APPLICATION OF PATENT.

APfklCAIlOS " fAIkNXs
Where papers have once been Aled with
the Register and Receiver. they become .
part Of the record. and can neither DO
withdrawn nor returned, but must be
transmitted to the General Land 0nice.
An application will be rejected when tho
description Of the premises Is erroneous
or insufficient. -,
Application for patent will be rejected
because:
First-The notice was published without
the knowledge Of the Register. !.
Second-The notice was not published
In o newspaper designated - published
nearest the claim.
Third--Record title was found defective,
ands q.
Fourth-A previous application bad been
made for tho same premises, which was
withdrawn pending suit in court COM
menced by the adverse claimant.
An application for patent will be rejected
when the survey does not accurately de-
fine the boundaries Of the claim.
Where tho 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 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 40
many placer locations a. tho local law ad.
mits, and embrace them all In one appli-
cation for . patent. !.
Two or more 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
dence.
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 one 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 . newspaper for publication OF
notices Of mining application for patent,
10 10 not compliance with law to change
to tho weekly edition Of the Same paper
without authority OF the Register.
The existence Of salt spring on tract
OF land withdraws II from the operation OF
the homestead and pre-emption laws. A
hearing for the purpose Of proving the
agricultural character Of such land is not
allowed. Land containing valuable de-
posits Of slate may bo entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file separate
and distinct claim against each application
which il 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 partof
the record.
When an adverse claim has been hled IL
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 fled in the proper local
Office during tho period OF publication
Of the application for the patent to be
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 the consequences. should the
delay ensuo through misfortune or scci.
dent. should the failure to commence
suit bo 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 aud in regard to expenditures, and
shall die 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 is sufficient,
and they are not required to prove that
they are the original iocators or the iden-
ticAl parties who presented the adverse
claim.
AGRICULTURAL OR MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but Is 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 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 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 make mining location
and dispose Of II, provided no becomes .
citizen before iisposing Of the mine. Proof
tha, the party Was not citizen before dis.
posing OF his claim must be afirmatively
shown.
Locstors and intermediate owners other
than applicants will not DO presumed
Aliens In the absence Of allegation or OBJ
lection prior TO issuance Of patent.
The portion Of Q mining claim sold to
an alien cannot DO patented while such
owner IL An alien but on his declaration