Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-13
MISCELLANEOUS.
INFOR
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OWNERS AND L0CATORS
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M f. :
APPLICATION FOE Patent.


Where papers havs once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted 70 the Gen.
eral Land Once.
An application Will be rejected when the de-
scription Of the premises is erroneous or In
sufficient.
Application for patent will be rejected be-
cSuse:
First The notice was published without the
knowledge Of the Register.
Second-The notice WAS not published In 9
new designated ~ published earestt 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
OF the claim.
Where the claim was not located IN accord
snce with law.
Where several parties own separate and dis
tluct portions Of o claim, application for
patsnt may be made by either for tai at portion
OF the claim owned by him but where several
parties wi undivided interests in . mining
claim all should join in au application for 9
patent.
A person or association may purchase Is
many placer locations a. the local Law admits.
and embrace them ell In one application for .
patent.
Two or more lodss cannot be embraced In
ole application for 9 patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn 10 before any person purpors-
ing 70 act - . deputy for the Register and Be
ceiver csnnot be recorded ~ evidences.
In sll patents for mining claims situated
within tue interior boundaries Of . town site
. clause is I'M cried excepting and excluding
all town property. rights upon the surface,
and ell houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
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 6O dsys.
Notice mnst be published 10 consecutive
weeks in weekly newspapers. and In daily
newspaper 90 days must elspse between the
Art snd last insertions.
where the Register designates hedaily issue
Of . ne wspsper for publicstton Of notices OF .
mining application for patent IL 10 not o com
pliance witE Law TO change to the weekly edi.
uon Of the same paper without authority Of
the Register.
Tho existence Of q salt spring on Q tract Of
land withdrAvs Il from the optrttion Of the
homestead and prescription laws. A hearing
for the purpose OF proving the agricultural
snsrseier OF such land 10 not allowed. Land
containing valuable deposits Of slate may be
ehtckN0 dAAck mAAAd& AShss
ADVERSE cLAIas.
Adverse claimants must Gle g separate and
distinct clsim agAinst zach application which
1t 10 alleged conflict. with The premises owned
by such adverse claimant.
The papers In sn adverse claim, once nled,
cannot DO Withdrawn. but becomes Q part Of the
record.
When an adverse claim has been hled 1t can.
not be amended 30 - to embrace q larger por.
ton of the premises thar thst described in the
original adverse claim.
An adverse claim must be made ont In
proper form and filed In the proper local ONCE
during the period Of publication OF the appli-
cation for the pAtent 10 be effective.
1t is the duty OF the adverse claimant 10
commence suit In proper form within she re-
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide tue consequences. should the delay
engue, through misfortune or accident. Should
the failure 70 co N suit be tho result Of
the corrupt or dishonest action Of his Attsrney.
the interier Departments cannot redress the
wrong.
An adverse claimant should act forth 10 de-
tail the facts upon which be bases his adverse
claim. A statement Ia general terms, embody-
ing conclusions Of law. without stating the
facts specially, will not be considered Ia EVIL
dence.
An adverse claimant should show . compli-
ance with the local laws In recording his claim
and in regard TO expenditures. and shall nle q
copy OF the eriginsl notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties TO Q suit that they
compose the company 10 sufficient, and they
are not required TO prove that they are the
original locAtors or the identical pasties who
present tho adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land 10 of little. II any value. for sgri.
cultural purposes, but 10 essential to the
roper development Of mining claims, 10
should be disposed Of under tho 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 valuable de-
posits.
Where valusbis deposits Of mineral are dis
covered upon . tract after the samt aas been
entered ~ agricultural. but before Aent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural sntry 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
f9ued TO an Agrieu1turai claimant. they pass
With the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make . mining location and
"tsPoeo ~ pkVvtucu no DoCOme8 . citiZeu
before disposing Of tbs mine. Proof that the
party was not . cttizon before disposing Of his
claim must be afiirmstiyely shown.
Locators and intermediate owners. other
than spplicspts. will not be presumed aliens,
In the sbssnce Of allegation or objection prior
to issuance OF patent.
The portion Of 9 mining claim sold to an
alien csnnot be patented while such owner is
an alien; but on hia declaration 10 become Q
citizen his right dates back to his purchase,
aud no may thereupon secure United States
patent for his claim.
Cross Lodges.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled 10 all ore
or mineral confined 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.
Guiding all the space Of intersection.
TUSxRLs
There 10 no authority Of law for a Tunnel
location 1000 nv I. G00 feat urona~ Iac.kfon