Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-06
MISCELLANEOUS
INFOR
....foR....
OWNERS AND L0cATORS
~....Of....
MI E !.
APPLICATION YoR PATENT,

APPLICATION FOR PATENT,
Where papers have 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 and can neither be withdrawn nor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 to the Gen.
eral Land ONCE.
An application will be rejected when the do.
scription of the premises 10 erroneous or in.
Sufficient.
Application for patent will be rejected be-
cause:
Frat The notice was published without the
knowledge of the Register.
~Second-The notice WIS not published In Q
new spaper designated 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 does not accurately define the
boundaries OF tho claim.
Where the claim WAS not located In accord
ance with law.
Where several parties own separate and dis
tinct portions VI . claim. application for
patent may be made by either for tbs portion
OF the claim owned by hun; but where several
parties own undivided interests in . mining
claim all should join in an application for .
patent.
A person or association may purchase as
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 loaes within
| their boundaries.
Papers sworn TO before any person purport.
ing TO act as q deputy for the Register and he.
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries Of . town site
. clause is inherited excepting and excluding
all town property. rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal I'm
provementA 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 u 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 eispse between tbs
fret and last insertions.
Where the Register d esignstes the d ally issus
of 6 newspaper for publication Of notices Of
mining application for patent 1t lie not . com
pliAnce with law 20 change to the weekly edi
ZION OF the same paper without authority VI
the Register.
The existence OF q salt spring on 9 tract o.
land withdrsws It from the operation Of thu
Homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character Of such land 10 not allowed. Lant
| CODka1ulIk NhtukDie utpO8lt8 VI BAato may y
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate ant
distinct claim against each application which
Il 10 alleged conflicts with the premises owne
by such adverse IN
The papers in an adverse claim, once nled
cannot be Withdrawn. but becomes = part Of tn
record.
When an adverse claim has been flsd 81 can
not be amended 30 a. to embrace . larger per
ton Of the premises than that described in tn
original adverse claim.
An adverse claim must be made out Ii
proper form and flied In the proper local OH C
during the period Of publication Of the sppli
cation for the patent to be effective.
1t Is the duty Of the adverse claimant 4
commence suit in proper form within the re
Quired time, and II he trusts the uncertain
medium Of the United States mail he mus
sbide the consequences. should the delay
ensue, through misfortune or accident. Shoule
the failure to commence suit be the resalt 0
the cor rupt or dishonest action Of his attorney
the Interior Department cannot redress tn,
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 til,
facts specially, will not be considered la evi
dence.
An adverse claimant shouid show . compii
ance with the local laws In recording his CLAIM
and in regard to expenditures, and shall nle
copy OF the original notice OF his location, and
show the nature or extent OF the confict
alleged.
An allegation Of parties 10 9 suit that the,
compose the company 10 sufficient, and they
are not required 10 prove that they are tn,
originsl locstors or the Identical parties whe
present the adverse clsim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little. II any value. for agri
cultural purposes, but 10 essential to the
proper development Of mining claims, II
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 :. any tims
prior to issuance Of patent. upon satisfactory
evidence OF the existence Of such vslaable de-
posts.
Whore valuable deposits Of mineral are dis
covered upon 3 tract after the same aas been
entered as agricultural, but before l zfent has
been Issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled q
that portion OF the land embraced BY said
Where mineral deposits are discovered on
agricultural lands after the patent has beer
issued to an agricultural claimant. they pssi
| with the patent.
Agricultural College scrip cannot be re.
eeived In payment for claims.
ALIENS.
AA1S AeA = n Ab(8tiuu 8HG
dispose OF IL. provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afirmAtiveIy shown.
Locators and intermediate owners. otheH
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 to an
alien cannot be patented while such owner Ia
an alien; but on hts declaration 70 become q
| citizen his right dstes back IN hia nurchasa
aud he may thereupon secure United States
patent for his claim.
CROSS O
Revised Statutes. Section 2,336:
Where two or more lodges cross or intersect
each other. priority OF title shall govern, and
such prior location shall be entitled to ali ore
or mineral eontsined within the space Of inter.
section, but the subsequent location shall have
the right of way through tho 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
lake the vein below the point Of union. In
GLIDING all the space Of Intersection.
TUNNELS.