Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-11
UNITED STATES MINING LAWS.
IMPORTATION FOR LoCAroRs
AND OWNERS OF AiHEs.
Appl,easious for Pasenss-Hew 60
Deal with Csoss Lodes-runneh
Rixhss-Adverse Cistms-
The Law - Regard
20 Aliens-Ete.
APPLICATION or PATENT.


Where papers have once been fled with
the Register and Receiver. they become
part Of the record. and can neither be
Withdrawn nor returned, but must DO
transmitted to the General Land ONCE.
An application will be rejected when the
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-The notice was not published
In q 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Withdrawn pending .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 not accurately de-
fine 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 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 q mining claim, all should Join
in an application for . patent.
A person or association may purchase a.
many placer locations as 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 be recorded ~ evil
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. aud 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 Of
notices Of mining application for patent,
10 Is not compliance with law to change
to the weekly edition Of the Same paper
without authority Of tho 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 Is not
allowed. Land containing valuable do
posts Of slate may DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must dle separate
and distinct claim against each application
which 10 Is 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 filed II
cannot be amended 30 as 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 died in the proper local
Office during the period Of publication
Of tho application FOR tho patent to DO
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 tho consequences, should tho
| 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-
partmeut 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 the facts specially, will not
DO 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 file Q copy Of the original notice OF
| his location, and show the nature Or extent
Of the conflict alleged.
An allegation Of parties to o suit that
they compose the company Is sufficient,
and they are not required to prove that
they are the original iocators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but 10 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 au
agricultural entry, said entry will be can.
celed at any time prior to issuance OF
patent. upon satisfactory evidence OF tue
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 the mine may make application Tor
patent for same, aud the agricultural entry
will be cancelled to that portion oil 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 1isposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afirmatively
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 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 therenPon
secure United States patent for his claim.
| CROSS LEpoEs.
| Revised Statutes. Section 1856.
Where two or more lodges cross or inter-
sect each other. priority Of title shall gov
ern. and such prior location shall be enti-
| tied to all ore or mineral contained within