Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-26
UNITED STATES MINING LAWS.
aNroRnArION FOB LOCATORs
AND OWNERS OF MiHH.
Apul,essions for Passnts-How @
neal with Cross Lodes-Tunnel
Rishss-Adverse Claims
The Law - Regard
= @ Alieas-Ese.
APPLICATION OF PATENT.

The Law - Regard
60 Aliess-kse.
APPLICATION OF PATENT.
Where papers have once been hled with
the Register and Receiver. they become
part Of the record, and can neither be
withdrawn nor returned. but must be
transmitted TO the General Land ONCE.
An application will be rejected when the
description Of the premises Ii erroneous
or insufficient.
Application for patent will be rejected
because:
First-The notice was published without
the knowledge Of the Register.
Sccond-The notice was not published
In . newspaper designated - published
nearest the claim.
Third-Reoord title was found detective
and:
Fourth-A previous application had been
made for the same premises. which was
withdrawn pending q suit In court COM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 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 Tor that
portion Of the claim owned BY him; ou'
where several parties own undivided In
terests in mining claim. all should join
In an application for Q patent.
A person or association may purchase as
many placer locations a. the 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 iodes
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, q clause is inserted excepting aud
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 he grantee herein, and all rights
utCtroaLy w ses
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 eiapse
between the hrst and the last insertions.
Where the Register desiypates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent
it 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 1t from tho operation OF
the homestead and pre-emption laws. A
hearing for the purpose Of proving tho
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 file . separate
and distinct claim against each application
which 1t is alleged conflicts with the prem
ises owned by such adverse claimant.
Ths papers in an adverse claim once hled
cannot be withdrawn, but become part oil
the record.
When an adverse claim has been filed II
cannot be amended 30 a. 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 fled in the proper local
Office during the period Of publication
Of the application for the patent to bo
effective.
II is the duty Of the adverse claimant TO
commence suit in proper form within the
required time, and " 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 the 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 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, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties TO . suit that
they compose tho company Is sufficient,
and they arc not required to provo that
they arc the original locators or the iden-
tical parties who presented the adverse
claim. 4
AoRIcuLrunAL OR MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but 10 essential =.
the proper development OF mining claims,
IL should be disposed OF under tho mining
Act.
whero 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 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 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-
eeived in paymen. for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of 1t, provided he becomes :
citizen before iisposing Of the mine. Prooi
tha, the party was not citizen before dis
posing OF his claim must be afirmatively
shown.
Locator and intermediate owners other
than applicants will not be presumed
.liena In the absence OF allegation or OBJ
lection prior to issuance Of patent.
The portion Of . mining claim sold 70
an Alien cannot be patented while such