Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-16
MISC
INFOR NATION
....fon....
OWNERS AND LOCATORS
....oF....
M M E5 (.
APPLICATION FOR PATENT.

AN.&. - N 1 - n
APPLICATION FOR PATENT.
Where papers have once been hled with the
Register and Receiver they become q part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gem
ersl Land Once.
An application will be rejected when the de-
scription Of the premises 10 erroneous or in
sufficient.
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 .
ewspape designated ~ 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 will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In sccord-
ance with law.
where several parties own separate and dis
tinct portions Of . claim, application for
patent may be made by either for tn 1T portion
OF the claim owned by him; but where several
parties own undivided interests In . mining
claim an should Join in an application for .
patent.
A person or association may purchase as
many placer locations 80 the local law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for 3 patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing to act as . deputy for the Register and Be
ceiver cannot be recorded - evidence.
In all patents for mining claims situsted
within the interior boundaries Of . own site
. clause Is inherited excepting and excluding
sill town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal Inn
provements not belonging 70 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 GO days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 90 days must elapse between the
frat and last insertions.
Where the Register designstes the dsily issue
Of 9 newspaper for publication Of notices Of o
mining application for patent ID 10 not . COM
plisnce with law 10 change 10 the weekly edi.
ton Of the same paper without authority Of
the Register.
The existence Of o salt spring on . tract Of
land withdrsws 1t from the operation Of the
for the purpose OF proving the agricultural
character OF suoh land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle q separate and
distinct claim against each application which
st IL alleged conflicts with the premises owned
by such adverse
The papers In an adverse claim, once hied.
cannot be Withdrawn. but become 90 9 part OF the
record.
When an adverse claim has been fled II can.
not be amended so N to embrace q 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 filed In the proper local office
during the period Of publication OF the sppli-
cation for the patent TO be effective.
It Is the duty Of the sdverse claimant 10
suit In proper form within the re-
quired time, and II he trusts ihs 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 resalt Of
the cor fupt or dishonest 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 terms, embody.
ing conclusions OF law, without stating the
fsots specially, Will not be considered In evi-
dence.
An adverse claimant should show q compii.
ance with the local laws in recording hts claim
and In regard 10 expenditures. and shall nle .
copy OF the original notice Of his loo cation. and
show the nature or extent of the conflict
alleged.
An allegation Of parties to = suit that they
compose the compsny 10 sufncient. and they
are not required to prove that they are the
original ~locators or the identical parties who
| present the adverse claim.
AaRIcuLrUaAL Oh MINERAL LANDS.
Where land is Of little, II any value, for sgri-
cultural purposes, but 10 essential TO the
| proper development of mining claims. IL
should be disposed Of under tbs Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled % 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 . tract sitter the same has been
| entered a. agricultural, but before patent hiss
been issued, the parties claiming the mine
.nS mn %. .s,, :pRlas:is's sn,r 70, vI Rsi e. s. aos .sm !:
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 psss
with the patent.
Agricultural College scrip cannot be re-
eeived In payment for claims.
ALIENS.
A foreigner may make 9 mining iocstion snd
dispose OF IL. provided he becomes . citizen
before disposing Of the mine, Proof that the
party was not o Citizen before disposing Of his
claim must be afirmstively 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.
The portion of Q mining claim sold 10 an
alien cannot be patented while such owner IL
an alien; but on his declaration 10 become 0
citizen his right dates back 70 his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LEpaKs.
Revised Statutes. Section 2,336:
Where two or more led ges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled 70 all ore
or mineral contsined within tho 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.
TuNSELs
There 10 no authority Of law for Q tunnel
location 5000 by 800 feet. A proper location
10 the width Of the tunnel for 5000 feet.
Thava In no proyfalon NJ law for OatentfD0