Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-29
UNITED STATES MINING LAWS.
.sropnArIoN F0R LOCAT0Rs
AND OWNERS OF MlAES.
AppIicasisns for Passats-Hew %
Deal with Gross Lodes-Tusnsl
Bighss-Adverse Ctatms-
The Lau - Regard
% A1lsas-Ete.
APPLICATION or PATENT.

% Alisss-Ess.
APPLICATION OF PATENT.
Where papers have once been flsd 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Withdrawn nor returned.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 0fice.
An application will be rejected when the
description Of the premises is erroneous
or insufficient.
Application for patent will be rejected
because:
Pirst-Ths notice was Published without
the knowledge Of the Register.
Second-The notice was not publisheo
In . Newspaper designated - published
nearest the claim.
Third-Rsoord title Was found detective,
and: --
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Withdrawn pending .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 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 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 a. the local law adj
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 bo recorded as evi-
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site. 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 tho grantee herein. and all rights
necessary or proper TO the occupation, pos.
session and enjoyment Of the same"
Publication Of notice must be mado In
only one newspaper for tho 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 first and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication OF
notices Of mining application for patent,
10 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 IL from tho operation Of
the homestead and presumption 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.
ADVISE CLAIMS.
Adverse claimants must fle separate
and distinct claim against each application
which IL 10 alleged conflicts with the prem
ises owned by such adverse claimant.
Tho papers In an adverse claim once filed
cannot DO withdrawn. but become parto
the record.
When an adverse claim has been filed 1t
cannot be amended 30 a. 70 embrace
larger portion Of the premises than that
in the original adverse claim.
An adverse claim must be made out In
proper form aud dled In the proper local
Office during the 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 tho 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 " 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 orr nal notice OF
his location, and show the e0turo or extent
Of the conflict alleged.
An allegation Of parties to suit that
they compose tho company is sufficient,
and they are not required TO prove that
they are the original locators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but 10 essential w
the proper development Of mining claims.
it 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 ct any time prior to issuance OF
patent. upon satisfactory evidence OF tho
existence Of such valuable deposits.
Where valuable deposits Of mineral are
upon tract after the same has
been entered a. agricultural. but before
patent has been issued. the parties claim.
ing the mine may mako application for
patent for same, and the agricultural entry
will be cancelled to that portion Of tho 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 1t, provided he becomes
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis.
posing Of his claim must be afhrmatively
shown.
Locators and intermediate owners other
than applicants will not be presumed
aliens 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 citizen, his right dates back
to his purchase, and hs may thereupon
secure United States patent for his clsim'
Cross LEDars.
D.-...l Cl.a.a.. loakinF Ql4G-