Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-02-14
UNITED STATES MINING LAWS.
,.vo.MArION FOE L0CAroRs
AND OWNERS OF HINES.
Appiieasiess for Pasents-Hew %
Deal with Gross Ledes-Tusnei
RiEhs.-Adverse Cisims-
The Law in Regard
q Allsas-Ete.
APPLICATION or PATENT.


% Alisss-Ete.
APPLICATION or PATENT.
Where papers have once been tiled With
the Register and Receiver. they become .
part Of tho record. and can neither be
Withdrawn nor returned. but must be
trsnsmj. ted to tho General Land Once.
An spplication will be rejected when the
description Of the premises 10 erroneous
or insufficient.
Application for patent viii bo rejected
because:
Firs.-The notice was Published without
the knowledge Of the Register. ..., !,
Second-The notice Was not published
In . newspaper designated - pubiisned
nearest the claim.
Third-Reoord title was found defective.
and:
Fourth-A previous application had been
made for the same premises, which wn
withdrawn pending . suit In court COM
menced by the adverse claimant. :,
An application for patent will be rejected
when the survey does not accurately do
| ine the boundaries Of the claim.
Where the claim was not located IN ac-
cordAnco win law.
Where several parties own separate and
distinct portions Of claim, application
for patent may be made BY either Tor 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 ~ the local law ad-
mits, aud embrace them all In one appii-
cation for . patent. :,
Two or more iodes cannot be embraced
In one application for . patent except for
placer claims embracing two or moro lodes
within their boundaries.
Papers sworn to LSforo any person pur-
porting to act a. deputy for the Register
and Receiver, cannot be recorded ~ ovi-
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site, 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. 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 trst and the last insertions.
Where tho Register designates the daily
issue Of . newspaper for publication Of
notices Of Q mining application for patent,
10 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 1t from the operation Of
the homestead and presumption laws. A
hearing for the purpose Of proving the
| agricultural character OF such land 10 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 10 Is alleged conflicts with tho prem
ises owned by such adverse claimant.
The papers in an adverse claim once hled
cannot bo withdrawn, but become partof
the record.
When an adverse claim has been Aled IL
cannot be amended 30 a. to embrace .
larger portion Of tho promises 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 tho period OF publication
Of the application for the patent to 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
must abide the consequences. should 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 tho 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
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 . copy Of the original notice OF
his location, aud show the nature or extent
Of the conflict alleged.
An allegation Of parties TO Q 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.
AoRIcuLruRAL ON MINERAL LANDS.
Where land 10 Of littlo II any value for
agricultural purposes. but Ia essential ~
tho proper development Of mining claims,
IL should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In an
agricultural entry, said entry will be can.
celsd at any time prior 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 has
been entered a. agricultural. but before
patent has been issued. the parties claim.
ing the mine may make application for
patent for same. aud the agricultural entry
will be cancelled to that portion OF tho 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 tho patent.
Agricultural college scrip cannot be re-
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL. provided ho becomes .
citizen before iisposing Of the mine. Proof
that tho party was not citizen before dis
posing Of his claim must be amrmatively
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 il an alien but on his declaration
to become . citizen. his right dates back
to his purchase. and he may tnereuPon
secure United States patent for his claim.
cRoss LxDoIs.
Revised Statutes. Section 2sse.
Where two or more ledges cross or inter-