Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-02-28
UNITED STATES MINING LAWS.
,SvosxArioN FOR LoCAroRs
AND OWNERS OF AlHEs.
Applications for Patsats-Hew %
Deal with Cross Lodes-Tunnsi
Rishts-Adverss Claims
The Law In Regard
60 Aliena-kt0.
APPLICATION or PATENT.

APfLlCAIIon u fAXkNKs
Where papers have once been fled 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Withdrawn nor returned.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 Ofice.
An application will be rejected when the
description sf the premises 10 erroneous
or insufficient. :,
Application for patent will be rejected
because:
First-The notice Was published without
the knowledge Of the Register.
Second-The notice was not published
in Q newspaper designated ~ published
nearest the claim.
Third-Record title was found defective,
and:
Pourth-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withdrawn pending .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 DO rejected
when tho survey does not accurately do
fine tho boundaries Of the claim.
Where the claim was not located In ac-
cordance with law. i,
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 q mining claim. all should Join
In an application for . patent.
A person or association may purchase %
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 Tor
placer claims embracing two or moro iodes
within their boundaries.
Papers sworn to before any person pur-
porting to act a. deputy for the Register
and Receiver, cannot be recorded as evil
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
sito. q clause IL inserted excepting and
excluding all town property, rights upon
tho 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 DO made In
only one newspaper for the period Of sixty
days.
Notice must DO published ten consecu-
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the drst 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 tho Same paper
without authority Of tho Register.
Tho existence Of salt spring on tract
Of land withdraws II from the operation OF
the homestead and presumption laws. A
hearing for the purpose Of proving the
agricultural character Of such land Is not
allowed. Land containing valuable do
posits Of slate may DO entered under the
mining Acts.
ApvERsE CLAIMS.
Adverse claimants must file separate
and distinct claim against each application
which IL Is alleged conflicts with the prem
ises owned by such adverse claimant.
The papers in an adverse claim once filed
cannot be withdrawn, but become partof
the record.
When an adverse claim has been fled 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 dled in the proper local
Office during tho period Of publication
Of tho application for the patent to be
effective.
II is the duty Of the adverse claimant to
commence suit in proper form within the
required time, and II ho trusts the uncer-
tain medium Of the United States mail, ho
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-
psrtment 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 fle copy Of the original notice oi
his location. aud show the nature or extent
Of the conflict alleged.
An allegation Of parties to o suit that
they compose tho company 10 sufficient.
and they are not required to provo that
they are tho original iocators or the iden-
tieal parties who presented tho adverse
claim.
AGRICULTURAL or MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but Is essential "a
the proper development Of mining claims,
1t should be disposed Of under the mining
Act. :,
Where 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 tho
existence Of such valuable deposits.
Where valuable deposits OF mineral are
discovered upon y tract after the Same has
been entered a. agricultural, but before
patent has been issued. the parties claim
ing tho mine may mako 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 arc discovered
ON agricultural lands after the patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot DO 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.
Locators and intermediate owners other
than applicants will not DO presumed
aliens in the absence Of allegation or OBJ
lection prior to issuance Of patent. :.
Tho portion OF Q mining claim sold 10
- ~. ...o. A.. r.t.nts5 vhile such