The Tombstone epitaph., 1882-03-07
UNITED STATES MINING LAWS.
Information for LOcatOrs and Owners of Mines.
Applications for Patents - How to Deal with Cross LOdes-runncl Rights Claims
 The Law m Regard
 to Allens-Etc.
APPLICATION or PATENT.

APPLICATION or PATENT.
 When papers have once been filed with tho register and receiver, they become a part Of the record, and can neither be withdrawn nor re. turned, but must be transmitted to the general land otfice
 An application will be rejected when the des- cription of the premises Is erroneous or ln- sufficient.
 Application for patent will be rejected be- cause:
 First-The notice was published without the knowledge of the register.
 Second--The nolice was not published Tn a newspaper designated as published nearest the claim.
 1hird--Rsco title was found defective, and
 Fourth-A previous application had been made for the game premises, which was withdrawn pending suit in court commenced by the ad- Au application for patent will be rejected when the survey does not accurately denne the bound aries of the claim.
 Where the claim was not located iu accordance
 Where several parties own separate and dl stinct portions of claim, application for patent may Do made by either for that portion of the claim owned by I'm; but where severa, parties own undivided interests ir mining claim, all should join in an application for patent.
 A person or association may purchase as many placer locations as the local law admits, and embrace them all in one application for patent.
 Two or more lodes eau not be embraced in one application for patent except for placer claims embracing two or more lodes within their bound aries.
 Papers sworn to before any person purporting 10 acts deputy for the register and receiver, can not be recorded as evidence.
 In all patents for mining claims situated with in the interior boundaries of townsite, a clause Is inserted excepting and excluding all town property rights upon ihe surface, and all houses, buildings, etructures, lots, blocks, stree s, aeys or other municipal Improvements not be.onging to the grantee herein, aud all rights necessary UT proper 10 the occupation, possession and enjoy
 Publication of notice must be made in only one newspaper for the period of sixty days.
 Notice must be puolished ten consecutive weeks in weekly newspapers, and m daiy y newspapers sixty days must elapse between the drst and last
 Where the register designates the daily issue of anewspapsr for puoication of notices of min ing application for patent 1t is not compliance with law to change to the weekly edition of the same paper without authority O the register.
 The existence of salt spring on tract of land wi.hdraws 1t from the operation of the re.pose Of proving he agricultural character of such land is not allowed Land containing valuable deposit of slate may be entered under the mining acts.
 ADVERSE CHAINS.
 Adverse claimants must file separate and dis tinct claim against each application which 1t is alleged conflicts with the premises owned b. such adverse claimant
 The papers in an adverse claim once filed can not De withdrawn, but become part oi the record. When an adverse ciaim has been flsd it cannot bo amended so as to embrace larger pot tion 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 pr~per local office during the period of publication of the application for the patent to be effecIive.
 It is the duty of the adverse claimant to com mence suit in proper form within the required time, and if he trusts the uncertain medium of hn fSd ba st ihs, fh..Cn quences should the delay eDsue through misfor- tune or accident. Should the failure tO com. mence suit be the result of the corrupt or dishon est action Of his attorney the interior department can not .edress 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 conclu- sons of law, without stating the facts spec ally, will not be considered In evidence.
 An adverse claimant should show compliance With the local laws m recording his claim, and in regard to expenditures, and shall fle copy oi the original notice of his lvcaeion, and show the na- turs or extent of the conflict alleged
 An allegation of parties 10 suit that they com pose the company is su .'cient, and they are not required to prove that they are the original ocs. tors of the identical parties who presented the adverse claim.
 AGRICULTURAL OR MINERAL LANDS.
 Where land is of little if any value for aericul- tural purposes, but is essen ial for the proper de- velopineht of mining claims, it should be dis. posed of under the mibing act.
 Where lands coGtaining valuable mineral de- posis have oeen inc uded ia agricultural entry, said entry will be cancelled at any time prior 10 is susnce of patent, upon satisfactory evidence of such valuable deposit.
 Where valuable deposits of mineral are discov cred upon a tract after the same has been ent red as agricultural but beore patent lias been is sued, the larties ella ming the mine may make application for patent for same, aud the agricul- tural entry will be canceled to that portion ol the land smb,aced by said mining claim.
 Where mineral deposits are discovered on agri- cultural lands after the latent has been issued to sn agricultural caimanb they pass with the patent.
 Agricultural college script cannot b; received in paymentfcr clsims.
 ALIENS.
 A foreigner may make mining location and dispose of 1t, provided he becomes c..zen before disposing of the mine Proof that the party was be afiirma,ively shown.
 Locators and intermeda,c owners other than applicants will nut be presumed aliens in the ab. tenee of allegation or objection prior to issuance Of patent.
 The portion of Q m. ming claim sold to an alien cannot be patented while such owner is an alien; {; put on his declaration to become citizen, his right dates back 10 his purchase, and he may thsreupon secure Unit>d States patent for his claim.
 CROSS LopEs.
 Revised statutes, section 2S36.
 Where two or mure ledges cross or intersect each other, priority of title shall govern and such prior location shal be entitled to all ore or min. ersi contained within the space of intersection, but the subsequent location shall have the right oi way through tbe space of intersection for the purpQse or the convenient working of the mine. And where two or more veins unite, the oldest or prior location shsll take the vein below the point of union, including all the space of intersection.
 TUNNELS.
 There is no authority of law for a tunnel loca- ton 3OOO by ,6UO feet. A proper location is the width Of the tunnel for 8, ,O0O feet.
 There Is no provision of the law for patenting tunnel locations, but lOdss discovered in running tunnel may be patented in like manner as other lodes.
 The right Is granted to tunnel owners to i,5O0 of each blind lode, not previously known to exist, which may be discovered in their tunnel.
 Wh0 \ lode Is struck or discovered for the first time in running tunnel, the tunnel owners have the option h recording their claim of 500 feet all on one side Of the point of discovery or inIersec- ton, CT per,iy on one side thereof and partly on the other.
 Prospecting for blind lodes ia prohibited on the line of located tunnel, while the tunnel Is in progress, but other parties in no way debar red from prospecting for blind lodrs or running tun- nes, so long as they keep without he line oi such tunnel.
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