Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-03


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 tho claim owned by him; but
whero several parties own undivided IN
terests In mining claim, all should Join
in an application for . patent.
A person or association may purchase as
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 iodes
within their boundaries.
Papers sworn to before any person pur-
porting to act as deputy for the Register
and Receiver, cannot be recorded as evil
dence.
In all patents for mining claims situated
within the interior boundaries OF . town
site. Q 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 the grantee herein, and all rights
necessary or proper to the occupation, pos
session and enjoyment Of the same"
Publication Of notice must be mado 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 elspse
between the hrst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication OF
notices Of q mining application for patent
IL is not compliance with law to change
10 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 prescription laws. A
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 file 0 separate
and distinct claim against each application
which IL ia 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cannot be withdrawn, but become part oil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 a. 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 dled in the proper local
ofice during the period Of publication
Of the application for the 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, 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 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
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 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 Is Of little II any value for
agricultural purposes, but is essential ~
the proper development Of mining claims
it 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 TO issuance OF
patent, upon satisfactory evidence OF the
existence OF such valuable deposits.
Where valuable deposits Of mineral are
discovered upon attract 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 of<he 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 the patent.
Agricultural college scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of IL, provided he becomes .
citizen before iisposing Of the mine. Proof
that the party was not citizen before dis
posing OF his claim must be afhrmatively
shown.
Locstors 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 70
an alien cannot b patented while such
owner is An alien; but on his declaration
TO become q citizen. his right dates back
to his purchase, and he may thereupon
secure United States patent for his claim.
CROSS LEDoEs.
Revised Statutes. Section 2336.
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
the space Of intersection, but the subse-
quent location shall have tho right Of way
through the space Of intersection for the
purpose Of ths convenient working Of tho
mine. And where two or moro veins unite,
the Oldest or prior location shall take the
A. L.. "a ~ L. Al IT,