Arizona weekly citizen., 1882-05-21
U. <. MINING LAWS.
Information for Owners and Loc2,ors of Mines Applications for Pat7nts-How 10 Deal with Gross Lodes Tunnel RightE-AdvsISs Claims -Ths Law in Regard 70 Aiiens Etc.
APrrrr.rroy FOB PATENT.

OrOss Lo1es 4u1nei HlsItA-AcFeise Ni-Al11A
 -Ths Law in Regard to Aliens Etc. ALTERATION FOE PATENT
 Where papens have been once fled with Inc Register and Receiver, they become . part Of the record. and caa neither be withdrawn nor re- turned. bat must be transmitted to the General Land Office.
 An application win bo rejected when the de- ssription of the premises is erroneons or insufi- sien-.
 Application for ratent will he rejected because: First-rhe nn.Ice VI nGllished without the knowledge 9' 'he Re- s;sr.
 seeoud-r..e notice vas TO; rublished in newspaper designate rs published nearest the | claim.
 l rhird-Reco 'i-le wls found defec i've. and: | Fourth A pre s'ous replication had been made for the same pi ,mifes. witch was withdrawn | pending a suit in cour. commenced by tho ad- verse claimant
 An application for pateut will be rejected when the survey does not accurately define the bound aries of the claim. Where the elai1a vas not located in accordance with law.
 Where several parties own separate and dis tinct 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 interests in a mining claim. all should join in application for patent A person or association may purchase ss many placer locations as the local law admits, and em- brzce them all in one application for patent.
 Two or more lodes cannot be embraced in one | application for patent szeep; for two or more lodes within their boundaries.
 Papers sworn to before any person purpOr;ing to act as a deputy for the Register and Receiver csnno: be recorded as evidence.
 In all patents for mining claims situated with in the interior boUndaries of a townsito, clause is inserted excepting and excluding all town property rights upon the surface. and all houses. buildings structure lOts blocks streets alleys. or other municipal Improveu ents not belonging to the grantee herein, anj nd all rights neces- sary or proper to the occups iOu, possession and enjoyment Of the same"
 Publication of notice must be made in only one newspaper for the period of sixty days.
 Notice mus, be publishei ten consecutive weeks in weekly new papers and in daily news paper sixty days must elapse between the first l and the last insertions.
 Where the Register dcsiguafes the daily issue l of paper for publication Of notices of mining | application for patent. 1t is not a compliance ! with law to change to the weekly edition of the | same paper without authority of the Register.
 The existence of Q salt spri Ig on tract of land withdraws it from the ops ation of the home l stead and pre-emption laws hearing for the | purpose of proving the agricultural character Of | such land is not allowed. L.nd containing val- | uable deposits of slate may be entered under the | mining Acts.
 ADVERSE CLAIMS.
 Adverse claimants must he a separate and dis tinct claim against each application which it s alleged conflicts with the premises owned by such adverse claimant.
 The papers in an adverse claim once filed can not be withdrawn. bu; become part of the rec ord
 When an 4verse claim has been fled it can- not be amended SO as to embrace n larger portion ot the promises than that described in the origi- nal adverse claim.
 An adverse claim must b' ma ie ont in proper form and filed in the proper local office during the period of publication of the application for the patent 10 be effective.
 It IS 'he duty of the adverse claimant to com mence suit in proper 'orm within the required time and if he trusts he uncertaln medium of the United States mail ne must abide the conse- quence=. should the delay ensue through misfortune or accident. Should the failure to commence suit be he result Of the corrupt or dishonest action of h. s.i rrey the Interior De- p1rtment cannot re,lrs -' ie wrong.
 An adverse claimant s'rould set forth m detail the facts upon which 1e bases h;s adverse claim. 4 statement in general terms. embodying con- clusions of law. without staiIng ihs facts spe- cially Will net be considered as evidence.
 An adverse claimant should show a ompliAnee with the local laws m recording his claim and in regard to expenditure, and shall file a copy of the original notice of his location. and show the nature and extent of the conflict alleged. An allegation of parties to a suit that they compose the company is sufficient. and they are not required -to prove that they the original ocafors or the identical parties wto presented the adverse claim.
 AGRICULTURAL JA MINERAL LANDS Where land is of little or any value foragricul- ural purpose bat IS essential to the proper da- Telopment of mining claims 1t should be dis osed of under the mining Act
 Where lands containing valuable mineral de 'osits nave been included in au agricultural en- ry said entry will be cancelled at any time rrior O issuance nf patent. upon satisfactory evidence ,f the existence of such valuable deposits
  red upon a tract after the same has been en- s cred agricultural. but beforc patent has been \ ssued. the parties claiming the mine may make \ publication for patent for same and the asricul- Q ural entry will be cance,ed To that portion of W he land embraced by said mining claim. Where mineral deposits are discovered on a,ri- e ultural lands after the patent has been issued 2, o an agricultural claimant. they pass with the q atent W Agricultural college scrip can not De received r' D payment :or claims. a
 ALIENS.
 A foreigner may make mining location and ispO-e of 1t. provided he becomes citizen be- n ore disposins of the mine. Proof that the party 'as not a citizen before dizposins Of hts claim { lust be aairmstively shown. ' Locators and intermediate owners other than pplicants. will not be presumed aliens in the bsence of allegation or objection prior to issu nee of patent. tr The portion of a mining claim sold to an alien H lnnot bs patented while such owner IS an alien 10 ut on his declaration to become a citizen his { ght dates back to his purchase, and he may - leTeupOn secure United States patent for his T aim.
 CROSS LEDaEs,
 Revised Statutes. Sec 2.Sss:
 Where two or more lelses cross or intersect sch other. priority of title shall govern and lch prior location shall be entitled to all ore or ineral contained within tho space of intcrsec- on, but the subsequent location shall have the II ght of way through the space of intersection e4 IT the purpose of convenient working of the S inc And where two or more veins unite. the S dest or prior location shall take the vein below S e point of union. including all the space of in- & rsection. V, W There is authority of law for tunnel loca- els Dn 500 by l.5OO feet. p-oper location IS the ou dth of the tunnel for SOCO feet. There provision of law for patenting tun- ser I locationr but lodes discovered in running n ,es nnel may patented in like manner as other 1io n1 des. th, The right is granted 10 tunnel owners to l,5OO pl' et of each blind lode. not previously known to VT ist, which may be discovered m their tunnel. Ar When lode IS struck or discovered for the first ne in running tunnel the tunnel owners have = 2 option of recording their claim of JO feet on one side of the point of discovery or in- -sectlon- or partly on one side thereof and rtly on the other Prospecting for blind lOdes is prohibited on line Of a located tunnel while the tunnel is in ksres eNs.-. |. IL