Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-06
UNIFIED STATES MINING LAWS.
rsroaMArIoN FOE L0CAroRs
AND OWNERS OF MINES.
Appiieasiess for Passass-Hew %
Deal with Cress Lsdes-Tusnsl
Rishss-Adverss Claims
The LaW in Regard
60 Alieas-Ese.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been fled with
tho Register and Receiver. they become
part Of the record. and can neither b<
Withdrawn nor returned. but must bt
transmitted to the General Land Ofice.
An application will be rejected when the
description Of the premises Ii erroneoa'
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 . newspapsr designated ~ published
nearest the claim.
Third-Rscord tlts wss found dsisctivs'
and:
Fourth-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withdrawn pending .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 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 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 Is deputy for the Register
and Receiver. cannot bs recorded ~ evi-
dence.
In all patents for mining claims situated
within the interior boundaries Of = town
site. clause 10 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. 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 DO published ten consecu-
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the first and the last insertions.
Where the Register designates the daily
issue Of y newspaper for publication Of
notices Of mining application for patent,
it is not compliance with law to change
to the weekly edition Of the same paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdraws 10 from the operation OF
the homestead and prescription laws.
hearing for the purpose Of proving the
agricultural character OF such land 10 not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ile . separate
and distinct claim against each application
which 10 10 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 OF
the record.
When an adverse claim has been filed II
cannot be amended 30 ~ 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 hled in the proper local
Office during the period Of publication
Of tho application for the patent to DO
effective.
It is the duty Of tho 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
must abide the consequences, should the
delay ensuo 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 iu 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 the local laws In recording his
claim and in regard to expenditures, and
shall file Q copy of the original notice Of
his location, aud 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 10 Of little II any value for
agricultural purposes, but 10 essential =.
the proper development Of mining claims,
1t 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 70 issuance oi
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 a. agricultural. but before
patent has been issued. the parties claim.
ing the 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 tho patent.
Agricultural college scrip cannot DO 70.
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of it, provided he becomes I.
citizen before iisposing Of the mine. Proof
tha. the party Was not citizen before dis
nosipy OF his claim must be aftirmatively