Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-09
UNITED STATES MINING LAWS.
lSroRMArI0N FOE LoCAT0Rs
AND OWNERS OF HINES.
App,icasious fer Passuts-Hew %
Dssi with Csoss Lodes-Tunnsl
Righss-Advsrss Ciatms-
The Law - Regard
- Alleaa-Eeo.
APPLICATION or PATENT.

% Alisss-kss.
APPLICATION OF PATENT.
whsre papers have once been hled with
tho Register and Receiver, they become .
part Of the record. and can neither be
Withdrawn nor returned. but must DO
transmitted to the General Land 06ice.
An application will be rejected when the
description Of the premises is erroneous
or insufficient.
Application for pstsn. will bs rejected
because:
First-The notice Was published without
the knowledge Of the Register.
Second-The notice was not published
In . newspaper designated - pubiished
nearest the claim.
Third-Record title was found detective
and:
Fourth-A previous application bad been
made for the same premises, which was
withdrawn pending . suit in court COM
menced BY tho adverse claimant.
An application for patent will DO 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 a.
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 bs recorded ~ evil
dence. j.
In all patents for mining claims situated
within the interior boundaries Of . town
site, s>clause 10 inserted excepting and
excluding all town property. rights upon
the surface. and all houses, buildings,
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 DO 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 oi
notices Of . mining application for patent,
IL is not compliance with law to change
to the weekly edition Of the same paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdraws 10 from the operation Of
the homestead aud pre-emption 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.
ApvERsx CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which IL il alleged conflicts With the prem
ises owned by such adverse claimant.
The papers in an adverse claim once hled
cannot BE- withdrawn. but become partof
the record.
When an adverse claim has been aled IL
cannot bo amended 30 a. to embrace
larger portion Of the premises than that
in the original adverse claim.
An adverse claim must be made out In
proper form and fled In the proper local
ofice during the period Of publication
Of the application for tho patent to be
effective.
1t is tho 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 acci-
dent. should tho failure to commence
suit be 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 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
plianco with the local laws in recording his
claim and In regard to expenditures. and
shall dle 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 10 prove that
they are the original iocators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential :"
the proper development Of mining claims,
IL should DO disposed Of under tho mining
Act.
whero lands containing valuable
mineral deposits have been included In an
agricultural entry, said entry will DO can.
celed at any time prior to issuance oi
patent. upon satisfsctory evidence Of the
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 tho mine may make application for
patent for same, and the agricultural entry
will be cancelled 10 that portion OF the land
embraced by said mining claim.
Where mineral deposits are discovered
on agricultural lands afteS 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 IL, 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
Sliens 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 is an alien but ON his declaration
to become Q citizen. his right dates back
TO his purchase. and hs may thereupon
secure United States patent for his ciaim'
Cross LxpoEs.