Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-15
UNITED STATES MINING LAWS.
IMPORTATION FOR LOCAT0Rs
AND OWNERS OF hANEs.
Appl,cstions for Pasents-How %
De., with Cross Lodes-Tannsl
Rixhss-Adverse Claims
The LaW - Regard
% AIiens-kse.
APPLICATION OF PATENT.

Whore papers have once been filed with
the Register and Receiver. they become .
part Of the record. and can neither DO
Withdrawn nor returneds but must be
transmitted to the General Land Ofice.
An application will be rejected when tho
description Of the premises is erroneous
or insufficient. .
Application for patent will be rejected
because:
First-The notice Was published without
the knowledge Of the Register.
Second-Ths notice was not published
In q newspaper designated ~ published
nearest tho claim.
Third-Record title was found detective,
and:
Fourth-A previous application had 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withdrawn pending .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 tho 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 as
many placer locations As the local Law ad-
mits, and embrace them all in one appli-
cation for 9 patent.
Two or moro lodes cannot be embraced
in one application for patent except Tor
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 be recorded rs evil
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site. q 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 tho grantee herein. aud 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 DO published ten cousecu-
tive weeks in weekly newspapers, and IN
daily newspapers sixty days must elapse
between the hrst and the last insertions.
Where the Register desiSnates the daily
issue Of q newspaper for publication OF
notices Of mining application for patent,
IL is not compliance with law to change
TO the weekly edition Of the same paper
without authority OF tho Register.
q II q tra
Of land withdraws IL from the operation OF
the homestead aud prescription laws. A
hearing for the purpose Of proving the
agricultural character Of such land Is not
allowed. Land containing valuable de-
posits Of slate may be entered under tho
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must flle o 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 filed
cannot be withdrawn. but become part oil
the record.
When an adverse claim has been iled 1t
cannot be amended 30 as TO embrace .
larger portion Of the premises than that
described in tho original adverse claim.
An adverse claim must be mado out In
proper form and fled in the proper local
Office during the period OF publication
Of tho application for tho patent 70 be
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, he
,,,,., .h,Ja Aha .nnaannanees shanll 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 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
pliance with tho local laws In recording his
claim and in regard to expenditures, aud
shall tile 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 10 sufficient,
and they arc 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 ia Of little II any value for
agricultural purposes. but Is essential =.
the proper development Of mining claims,
it should DO 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 are
discovered upon y tract after the same has
been entered ~ agricultural. but before
patent has been issued, the parties claim.
ing the mine may make application Tor
patent for same. aud 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 tho patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot 10 re'
ceiyed 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 affirmatively
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 Q mining claim sold to
an alien cannot be patented while such
owner is an alien but on his declaration
TO become n citizen. his right dates back