Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-02-06
UNITED STATES MINING LAWS.
,,vosmArIoN FOE LOCAroRs
AND OWNERS OF MinEs.
Applicatious for Pateuts-How 70
neal with Gross Lodes-Tunnel
Rixhts-Adverss Claims
The Lac IN Regard
90 Alloao-kto.
APPLICATION OF PATENT.

/ Wuctu PePeNs INV Snso eSsA AAs~ "ssA'
the Register and Receiver. they become q
part Of the record. and can neither be
Withdrawn nor returned. but must be
transmitted 10 the General Land Once.
An application will be rejected when the
description Of the premises Is erroneous
or insufficient.
Application for patent will bs rejected
First-Tho notice was Published without
the knowledge Of the Registey.
second-The notice was NOT published
In q newspaper designated a. published
nearest the claim.
Third-Rscord title was found defective,
and:
Pourth-A previous application had been
made for the same premises, which was
Withdrawn pending a suit In court COM
menced by she adverse claimant.
An application for patent will be rejected
when tho survey does not accurately dc.
fne tho boundaries Of tho claim.
| Where tho claim was not located In &C.
cordance with law. j.,
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.
Aperson 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 as deputy for the Register
and Receiver, cannot DO recorded A. evi-
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site. Q 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, aud all rights
necessary or proper to the occupation, pos.
session and enjoyment Of the same"
Publication Of notice must bo 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 trst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of mining application for patent,
ii is not q compliance with law to change
to the weekly edition Of tho same paper
without authority Of the Register.
The existence Of salt spring on tract
OF land withdraws IL from the operation OF
the homestead aud pre-emption 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 DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file separate
and distinct claim against each application
which IL is alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers in IN adverse claim once died
cannot be withdrawn, but become part of
the record.
When an adverse claim has been filed 1t
cannot DO amended SO as to embrace
larger portion Of the premises than that
described in the original adverse claim.
An adverse claim must bo mado out In
proper form and fled In the proper local
Office during the period Of publication
Of the application for the patent to DO
effective.
IL 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
must abide the consequences, should the
delay ensuo through misfortune or acci.
dent. Should the failure to commence
suit DO 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 Ills
adverse claim. A statement In general
terms, embodying conclusions OF law,
without stating the facts specially, will not
DO considered IN evidence.
An adverse claima ut should show COM
pliance with the local laws Ia recording his
claim and in regard to expenditures, and
shall fiie copy of the original notice Of
| his location, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties to quit that
they compose the company 10 sufficient,
and they are not required TO prove that
they arc the original locators or the iden-
tieal parties who presented tho 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,
4, should be disposed Of under the mining
Act. ,
whero lands containing valuable
mineral deposits have been included In an
agricultural entry, said entry will be can.
celed at any time pricr to issuance OF
patent, upon satisfactory evidence Of tho
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon tract after the same mas
been entered as agricultural. but before
patent has been issued, the parties Claim
ing the mine may make application Tor
patent for same. and fhe agricultural entry
will be cancelled TO that portion Of the land
embraced by said mining claim.
Where mineral deposits arc discovered
on agricultural lands after tho 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
that the party Was not o citizen before dis
posing Of his claim must be afdrmativeiy
shown.
Locstors and intermediate owners ether
than applicants wilf not be presumed
aliens in the absence OF allegation or oo'
lection prior 70 issuance Of patent.
The portion OF . mining claim sold 70
an alien cannot be patented while such
owner is an alien; but on his declarauon
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 2SS6.
Where two or moro 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