Arizona weekly citizen., 1882-01-22
U. <. MINING LAWS.
Information for Owners and Loeators of Mines Applications for Patents-How to Deal with cross Lodes- Tunnel Rights Adverse Claims The Law in Regard to Aliens Etc
REPLICATION FOR PATENT.

AfPLlCATlON FOX PAIENI.
 Where papers have once been filed with the Register and Receiver, they become a part of the record, and can neither be withdrawn nor returned, but must be transmitted to the General Land Office.
 An application will be rejected when the description of the premises IS erro- neOus or insufficient.
 Application for patent will be rejected | because:
 First-The notice was published with out the knowledge of the Register | SecOnd-The notice was not published in newspaper designated as published neaIsst the claim.
 Third-Record title Tas found defec- | tive, and:
 Fourth-A previous application hRd been made for the same premises, which was withdrawn pending a suit in court commenced by the adverse claimant.
 An application for patent will be re- | iected when the survey does not accu- rately define the boundaries of the claim. Where the claim was not located in | accordance with law.
 Where several parties own separate and distinct portions of claim, applica- tion for patent may be made by either for that portion of the claim owned by him; but where several parties own un- | divided interests in mining claim, all should join in an application for a patent
 A person or association may purchase as many placer locations as the local law admits, and embrace them all iu one ap- pllcatiOn for patent.
 Two or more lodes cannot be en- braced in one application for patent except for two or more lOdes within thelr boundaries.
 Papers sworn to before any person purpOrting to act as a deputy for the Register and Receiver. cannot be re- corded as evidence
 In all patents for mining claims situ- ated within the interior boundaries of tovnsite, clause is inserted excepting and excluding all town property, rights upon the surface, and all houses, build ings structures, lots, blocks, streets, al- leys, or other municipal improvements not belonging to the grantee herein, and all rights necessary or proper to the Oc- cupatiOn, possession 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 consec utive weeks h weekly newspapers, and in daily newspapers sixty days must elapse between the first and the last in- sertions.
 Where the Register designates the daily issue of a paper for publication of notices of mining application for pat ent, 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 a salt spring on a tract of land withdraws it from the op- eration of the homestead and pre-emp- tion laws. A hearing for the purpose of proving the agricultural character of such land Is not allowed. Land contain iJg valuable deposits of slate may be en- tered under the mining Acts.
 ADVERSE CLAIMS.
 Adverse claimants must file a separate and distinct claim against each applica- tion which it Is alleged conflicts with the premises owned by such adverse claim ant.
 The papers in an adverse claim once filed cannot be withdrawn, but become a part of the record.
 When an adverse claim has been filed it cannot be amended so as to embrace a larger portion of the premises than that described ID the original adverse claim.
 An adverse claim must be made out in proper form and filed in the proper local office during the period of publication of the application for the patent to be effective.
 It is the duty of the adverse claimant to commence suit in proper form within the required time, and if he trusts the uncertain medium of the United States mail, he must abide the consequences, should the delay ensue through misior- tune or accident. Should the failure to commence suit be the result of the cor rupt or dishonest action of his attorney, the Interior Department can not redress the wrong.
 An adverse claimant should set forth | in detail the facts upon winch he bases | his adverse claim. A statement in gen. eral terms, embOdying conclusions of | law, without stating the facts specially, | will not be considered in evidence.
 An adverse claimant should show | compliance with the local laws in record | ing his claim and III regard to expendi- | lures, and shall file a copy of the Origi- | nal notice of hls location, and show the | nature and 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 lOcatOrs or the | identical parties who presented the ad- | verse claim.
 AGRICULTURAL OR MINERAL LANDS.
 Where land is of little if any valve for agricultural purposes, but is essential to the proper development of mining claims, it should be disposed of under the mining Act.
 Where lands containing valuable min eral 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 a tract after the same has been entered as agricultural, but before patent has been issued, the parties claiming the mine may make ap- plication 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 discov- cred on agricultural lands after the patent has been issued to an agricultural claimant, they pass with the patent.
 Agricultural college scrip can not be received in payment for claims.
 ALIENS.
 A foreigner may make a mining loca- ton and dispose of it, provided he be- comes a citizen before disposing of the mine. Proof that the party was not citizen before dispOsing of his claim must be affirmatively shown.
 Locators and intermediate owners other than applicants will not be pre- sumed aliens in the absence of allega- ton or objection prior to issuance of patent.
 The portion of a mining claim sold to