Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-08
UNITED STATES MINING LAWS.
,.ro.uArloN FOR L0CAToRs
AND OWNERS OF AlHEs.
Appiicssieas for Passuts-Hew %
neal with Cress Lsdes-Tusnsl
Riyhss-Advsrss Claims
The Law - Regard
- Alieas-Bs4.
APPLICATION OF rArrxr.

APPLICATION OF RArENr.
whsrs papers have onos bean nlsd with
the Register and Rsceiver. they become
part Of the record, and can neither be
Withdrawn nor returned. but must be
transmitted TO the General Land 0fice.
An application will bs rejected when the
description Of the premises 10 erroneous
or insufficient.
Application for patent will bs rejected
because:
First-Ths notice was published without
the knowledge Of the Register.
Second-The notice was not published
In Q newspaper designated - pubiished
nearest the claim.
Third-Record title was found defective.
and:
Fourth-A previous application bad been
made for the same premises. which WAS
Withdrawn pending . suit in court COM
menced by the adverse claimant. =.
An application for patent will bs rejected
vLsn The survey dos not accurately de-
fne the boundaries Of the claim.
Where the claim was not located In 40
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 -
many placer locations - 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 moro lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act a. 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 10 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 tirst and the last insertions.
Where the Register designates the daily
issue Of q newspaper for publication Of
notices Of mining application for patent,
il IL not . 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 10 from the operation Of
tho homestead and 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.
ADVERSE CLAIMS.
Adverse claimants must ale . separate
and distinct claim against each application
which IL 10 alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers In an adverse claim once fled
cannot be- Withdrawn, but become parto
the record.
When an adverse claim has been Aled II
cannot DO amended 30 - TO embrace
larger portion Of the premises than that
described in the original adverse claim.
An adverse claim must DO made out In
proper form and hled in the proper local
Office during the period OF publication
Of the application for the patent to DO
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. be
must abide tho consequences. should the
delay ensue 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 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
DO 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 fle 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 locaiors or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on 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 the mining
Act.
Where lands containing valuable
mineral deposits have been included In an
agricultural entry, said entry will DO 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 - 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 DO cancelled to that portion Of the land
embraced by said mining claim.
Where mineral deposits arc 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 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
Aliens In the absence Of allegation or OBJ
lection prior 10 issuance Of patent.
The portion Of mining claim sold to
an Alien cannot be patented while such
owner Il An alien but on his declaration