Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-20
MISCELLANEOUS.
INFOR
....FoR....
OWNERS AND LOCATORS
....oF....
M Els.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Once.
An application will be rejected when the de-
scrtption OF the premises IL erroneous or in
sufficient.
Application for patent will DO rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~Second-The notice was not published in 0
newspaper designated a. 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 . suit in Court commenced by
the adverse claimant.
An application for patent viii be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim wss not located in accord
ance with law.
where several parties own separate and dis
tinct portions Of 8 claim. application for
patent may be made by either for tn at portion
OF the claim owned by him: but where several
parties own undivided interests In 9 mining
claim all should Join in an application for =
patent.
A person or association may purchase o.
many placer locations ~ the local Law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for = patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person pnrport-
ing 70 set ~ 9 deputy for the Register and Re
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries of town site
. clause is inf serted "excepting and excluding
all town property. rights upon the surface.
and all houses. buildings. structures. lots.
blocks, streets, alleys or other municipal inn
provements not belonging TO the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made In only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and in daily
newspapers GO dsys must sispse between the
fret and last insertions.
Where the Register designates the daily issue
OF . newspaper fer publication of notices Of .
mining application for patent IL 10 not @ com,
pliance with Law 70 change TO the weekly edi.
zion % the same paper without authority of
the Register.
The existence Of Q salt spring on Q tract OF
land withdrsws IL 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 vaiuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate aud
distinct claim against each application which
IL is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once hied.
cannot be Withdrawn, but becomes Q part OF the
record.
When an adverse claim has been hied II can
.zk - - - q aAA~anA . fawaaw -.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made ont in
proper form and hied In the proper local ofice
during the period Of publication OF the applf-
cation for the patent 10 be effective.
1t 10 the DUTY OF the adverse claimant TO
commence suit in proper form within the re-
quired time, and II he trusts ths uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or sccident. Should
the failure TO commence suit be the resnlt Of
the cor fupt or dishonest action of his stterney.
the Interior Departments 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 terms, embody-
ing conclusions OF law, without stating the
facts specially, will not be considered In EVIL
dence.
An adverse claimant should show 9 compii-
Ance with the local laws in recording hts claim
and In regard 10 expenditures. and shall ale 9
copy Of the original notice OF his location. and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to . suit that they
compose the company is sufhcient. and they
are not required 70 prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AoRrcuLruRAL on MINERAL LANDS.
Where land In Of little. If any value, for sgri-
cultural purposes, but 10 essential 10 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 81 any time
prior to Issuance Of patent, upon satisfactory
evidence Of the existence Of such yaiuable de-
posits.
where valusbls deposits Of mineral are dis
covered upon . tract sitter the same has been
entered AZ agricultural, but before patent has
been issued, the parties claiming the mine
may nnS ,S mai. .s,, spR1assii. sn.r r9r VIII Rii e. s. lDs ssn e.
that portion Of the land embraced by said
mining claim.
where mineral deposits are discovered o n
agricultural lands after the patent has been
Agricultural College scrip cannot bs re-
ceived In payment for claims.
ALIENS.
A foreigner may make q mining ~location and
dispose OF IL provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not 9 citizen before disposing Of HIS
claim must be afirmativeiy shown.
Loeators and intermediate owners other
than applicants, will not be presumed aliens.
in the absence Of allegation or objection prior
TO issuance Of patent.
The portion Of . mining claim sold TO an
alien cannot be patented while such owner 10
an alien; but on his declaration 70 become .
citizen his right datea back TO his purchase,
and be may thereupon secure United States
patent for his claim.
Cross LEpaKs.
Revised Statutes. Section 2.336:
Where two or more lodges GROSS or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to al ore
or mineral contained within the space of inter
section, but the subsequent ~iocstioo 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 oidest or prior location shall
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