Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-15
MISCELLANEOUS.
INFOR
....FOR...
OWNERS AND LOckTORS
....oF....
MI Il III E . i.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers nave once been filed with the
Register and Receiver they become q part of
the record, and eau neither be Withdrawn nor
returned, but must be transmitted to the Geu-
eral Land ONCE.
An application will be rejected when the de.
scription Of the premises is erroneous or In
suficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
econd-T notice was not published in Q
new spsper designated as published neares, the
claim.
T~hird--Record title ives found defective.
and
Foursh--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 . claim. application for
patent may be made by either for that portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim all should join In M application for Q
patent.
many placer locations as the local law admits.
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced In
one Application for q patent except for placer
claims embracing two or more lodes within
thoir boundaries.
Papers sworn to before any person purport-
ing to act as Q deputy for the Register and Re-
ceiver cannot be recorded a. evidence.
In all patents for mining claims situated
within the interior boundaries Of . town site
0 clause 10 inserted "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 q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers co days must slspse between the
| frat and last insertions.
| where the Register designgtes the d sily issue
Of 9 newspaper for publication Of notices of .
mining application for patent II 10 not Q COM
pliance with law TO change TO the weekly edi.
ton Of the same paper without authority Of
The existence OF . salt spring on 9 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 deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim agsiu.t each application which
1t 10 alleged conflicts with The premises owned
by such adverse N
The papers in an adverse claim, once hled
cannot DO Withdrawn. but become Oh q part OF the
| record.
When an adverse claim has been nled IL can.
not be amended so as to embrace q larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and flied In the proper local Office
during the period Of public alton OF the appii-
cation for the patent to be effective.
| II In the duty OF the adverse claimant 10
commence suit in proper form within the re-
CURED time. and IL be trusts ths Uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through mfsforIuneo or accident Should
the failure to suit be the result OF
the corrupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In do.
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 mot be considered IN evi.
dence.
An adverse claimant should show q compli.
Ance with the local laws In recording his claim
and In regard TO expenditures. and shall nile q
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 10 sufncIent, and they
are not required to prove that they arc the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little. II any value, for agri.
cultural purposes, but 10 essential to the
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 cancelled 80 any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence OF such valuable dc.
posts.
Where valuable deposits of mineral are dis.
covered upon . tract after the same ,as been
entered as agricultural. but before ! stent has
been Issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 10
mat 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-
cetved In payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF II. provided he becomes . citizen
before disposiDg OF the mine. Proof that the
party was not q citizen before disposing Of his
Slain must be ntirmatively 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 . mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration to become .
citizen his right dates back to hts purchase,
aud no may thereupon secure United States
patont for his claim.
CROSS LEDGKs.
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 10 ali 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 oldeat or prior location shall
take the vein below the point Of union. in.
GLIDING aii the space OF intersection.
TUNNELS.
There 10 no authority Of law for . tunnel
location 5000 By ] 800 feet. A proper location
IL the width of thA tunnaI for 4 mn fat /