Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-03
UNITED STATES MINING LAWS.
IMPORTATION FOR LocAroRs
AND OWNERS OF nInEs.
Appiicatioss for Patents-How %
Deal with Cross Lodes-Tuanel
Rixhts-AdveFse Ciaims-
The Law ia Regard
60 Aliens-Ete.
APPLICATION OF PATENT.

RfL1CAIAoN W fA1ANfs
Where papers have once been hled with
the Register and Receiver, they become Q
part Of the record. and can neither DO
withdrawn nor returned. but must be
transmitted TO the General Land Office.
An application will be rejected when the
description Of 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 detective
and:
Fourth-A previous application had been
made for the 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withdrawn pending = suit in court COM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-
tine the boundaries Of the claim.
Where the claim was not located In ac'
cordance with law. -,
Where several parties own separate and
distinct portions Of q claim, application
for pstent may be mado 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 a.
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 lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act as deputy for the Register
and Receiver, cannot DO recorded ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site. clause Is 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 newspaper for publication oil
notices Of mining application for patent
IL Is not compliance with law to change
to the weekly edition Of the samo paper
without authority Of the Register.
The existence Of . salt spring on tract
Of land withdraws 1t from the operation Of
the homestead aud pre-emption laws. A
hearing for the purpose Of proving the
agricultural character OF such land u not
allowed. Land containing valuable do
posits Of slate may be entered under tue
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file . separate
and distinct claim against each application
which IL il alleged conflicts with the prem
ises owned by such adverse claimant.
The papers in an adverse claim once died
cannot be withdrawn. but become part oil
the record.
When an adverse claim has been dled 1t
cannot be amended 90 ~ 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 tho period Of publication
Of the application for tho patent to be
effective.
It is tho 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, he
must abide the consequences. should the
delay ensue through misfortune or acct
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
be considered IN evidence.
An adverse claimant should show COM
pliancc with the local laws In recording his
claim and in regard to expenditures. and
shall Tile copy Of the original notice of
his location. and show the nature or extent
Of tho 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 iden-
tical parties who presented tho adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little IL any value for
agricultural purposes. but Is 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 arc
discovered upon tract after the same has
been entered az agricultural, but before
patent has been issued. the parties claim
ing tho mine may make application Tor
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 DO re-
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of it, provided he becomes
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afiirmatively
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 70
an alien cannot be patented wniie suen
owner ia an alien but on his declaration