Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-18
MISCELLANEOUS.
INFOR NATION
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OWNERS AND L0CATORS
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MI Il M E !.
APPLICATION FOR PATENT.

ncblStck buu RoCclN6F LQey become q DART 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the record, and can neither be withdrawn nor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-
scription of the premises Is 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 9
new paper designsted 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 Goes 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
tinet portions of Q claim, application for
patent may be made by either for to II 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 ~ the local Law admits,
and embrace them all in one application for 9
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purpcrt-
ing to act as q deputy for the Register and Re
ceiver chnnot be recorded ks evidence.
In all patents for mining claims situated
within the interior boundaries OF . town site
Q clause Is 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 o 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 elApse between the
first and last insertions.
Where the Register designates the daily issue
Of . newspaper for publication of notices Of .
mining application FOR patent Ii ID not . COM
plisnee with law to change 10 the weekly odi-
ton OF the same paper without authority OF
| the Register.
The existence Of Q 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 hle 9 separate and
| distinct claim against each application which
1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers IN an adverse claim, once fled
cannot DO Withdrawn, but becomes a part OF the
record.
When an adverse claim has been nled il can.
not be amended SO as to embrace 4 larger per
ton of the premises than that described In tn
original adverse cIsim.
An adverse claim must be made ont IN
proper form and filed In the proper local Off CO
during the period 4 Of publication OF the appli.
cation for the patent to be effective.
II Is the duty of the adverse claimant 10
suit in proper form within the re.
CURED time, and II he trusts The uncertain
medium Of the United States mail he musi
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the corruption dishonest action Of his attorney,
the Interior Department csnnot 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 evi.
dence.
An adverse claimant should show 9 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 a suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original ~locztors or the identical parties who
present the adverse claim.
AGRICULTURAL OR 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,
WhaYQ lanAa pnutafutun naluakl I-n-.t
deposits have been included in an agriculture al
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 3 tract after the same ias been
entered IA agricultural, but before I Aent 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.
ceived in payment for claims.
ALIENS.
A foreigner may make o mining location and
dispose OF 1t. provided he becomes a citizen
before dtsposing OF the mine. Proof that the
party was not 0 citizen before disposing of his
claim must be affirmatively shown.
LocAtors and intermediate owners, other
than applicants. win NOT be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion Of q mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration 10 become a
citizen his right dates back to his purchase.
hud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 2.33e;
Where two or more lodges cross or intersect
each other. priority OF title shall govern. and
such prior location shall be entitled to all 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 anton. in
Guiding all the space Of intersection.
UNNEL
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