Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-22
UNITED STATES MINING LAWS.
snro.MArIoN FOE L0CAToRS
AND OWNERS or AINEs.
Applieatiess for Passnts-Hew -
Deal with Cross Lodes-Tuansl
Rishss-Advsrss Ciaims-
The Law u Regard
% Alieus-kts.
APPLICATION OF PATENT.

- aAsSeDe
APPLICATION OF PATENT.
Where papers have once been dled 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Withdrawn nor returned.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 Once.
An application will be rejected when the
description Of the premises IL erroneous
or insufficient.
Application for patent will bs rejected
because:
First-Ths notice was published without
the knowledge o. the Register.
Second-The notice was not published
In . 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withdrawn pending .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 be rejected
when the survey does net accurately do
fine the boundaries Of the claim.
Where the claim was not located In ao-
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 a.
many placer locations as the local law I'D.
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. csnnot be recorded ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. clause Ia 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 tho 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 hrst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of mining application for patent,
IL Is not compliance With law TO change
to tho weekly edition OF the same paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdraws IL from the 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 de-
posits Of slate may bs entered undor the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must die . 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 DO withdrawn, but become part OF
the record.
When an adverse claim has been flled II
cannot be amended 80 ~ 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 filed in the proper local
Office during tho period OF publication
Of tho application for the patent to bo
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. ho
must abide the 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 the facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions Of law,
without stating tho 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 10 expenditures, and
shall file copy Of the original notice OF
his location, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties TO . suit that
they compose the company IL 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 OR MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential
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 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 tract after the same has
been entered as agricultural. but before
patent has been issued. the parties claim.
ing tho mine may make 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 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
,ha. 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 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 he may thereupon
secure United States patent Tor his eiaim'
cRoss LKpoEs.
Revised Statutes. Section 1855.