Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-03
MISCELLANEOUS. .
lNFOR
FOR.
OWNERS AND LOcATORS
....oF....
MI M Il :
APPLICATION FOR PATENT.

htA HeRtAo a1NO OACb Dttu ultuW Will III
Register and Receiver they become Q part of
the record, and can neither be withdrawn nor
returned. but must be transmitted to the Gen.
eral Land ONCE.
scription of the premises is erroneous or in
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in a
newspaper designated as published nearest the
claim.
Third--Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending Q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries Of the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for II at portion
of the claim owned by him but where several
parties own undivided interests in q mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations 90 the local law admits,
and embrace them all In one application for a
patent.
W or more lOues cannot Dc embraced III
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded Is evidence.
In all patents for mining claims situated
within the interior boundaries of q own site
. clause is ins erted excepting and excluding
all town property, rights upon the surface,
and ell houses, buildings, structures, lots,
hIocka afraata al1ava nv OfhAr rnupfr{naI Inn.
provements not belonging TO the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designates the d ally issue
of q newspaper for publication OF notices Of q
mining application for patent 1t is not a COM
pliance with law TO change to the weekly edi-
tion of the same paper without authority OF
the Register.
The existence OF Q salt spring on g tract Of
land withdrsws 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 deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
II ia alleged conflicts with the premises owned
by such adverse claimsa.
The papers In an adverse claim, once filed.
cannot be withdrawn, but becomes . part OF the
record.
When an adverse claim has been filed II can
not be amended SO as to embrace 4 larger por.
ton 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 the appli-
cation for the patent to be effective.
1t is the duty Of the adverse claimant to
suit In proper form within the re-
Quired time, and If he trusts ths uncertain
medium Of the United States mail he must
abide the consequences should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupt or dishones. action OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terme, embody-
ing conclusions of law, without stating the
facts specially, will not be considered In EVIL
dence.
An adverse claimant should show a compli.
ance with the local laws IN recording hts claim
and in regard 10 expenditures. and shall ME 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 10 sufficient. and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little. If any value, for sgri-
cultural purposes, but Is essential to 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 be Cancelled at any time
prior to issuance of patent, upon satisfactory
evidence Of the existence OF such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon o tract after the same has been
entered rs agricultural, but before patent has
been Issued, the parties claiming 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 the patent.
Agricultural College scrip cannot be re-
oeived in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF It. provided he becomes 9 citizen
before disposing of the mine. Proof that the
party was not Q citizen before disposing 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 objection prior
to issuance Of patent.
TIT portion Of q mining claim sold 10 an
alien cannot be 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 t%hereupon secure United States
patent for his claim.
Cross LEDaEs.
Revised Statutes. Section 1855:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled TO ell ore
or mineral contsined within the space of inter
section, but the subsequent location shall have
the right OF way through the space Of inter
section for the purpose OF the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union, In
GLIDING all the space Of intersection.
There 10 no authority OF law for Q tunnel
location 5000 by 800 feet. A proper location
Ii the width Of the tunnel for 5000 feet.
There 10 no provision OF law for patenting
tunnel locations, but lodes discovered In run
ming a tunnel may be patented In like manner
Is other lodes.
The right is granted to tunne owners to
1900 feet of each blind lode, not previously
known to exist, which may be discovered In