Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-11
MISCELLANEOUS
INFOR NATION
~....FOR....
OWNERS AND L0CATORS
....OF....
MI M E i.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register ana Receiver they become q part OF
the record, and can neither be Withdrawn MOI
returned, but must be transmitted to the Gen.
eral Lane Office.
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 a
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 a 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
ttnct portions of q claim, application for
patent may be made by either for tn ut 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 q
patent.
A person or association may purchase az
many placer locations as the local law admits,
ana embrace them all In one application for q
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 purport.
ing to act as q deputy for the Register and Re.
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
s.clause Is inserted Excepting and excluding
al town property, rights upoE the surface,
and all 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 n only
one newspaper for the period of 60 days.
| Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designates tho daily issue
of = newspaper fer publication of notices of @
mining application for patent ii is not a com
pliance with law to change to the weekly edi
ton of the sans paper without authority OF
the Register.
The existence Of q salt spring on q tract Of
land withdrsws it from the operation Of tn,
homestead and presumption. laws. A hearing
for the purpose of proving the agriculture
character of such land is not allowed Lane
containing valuable deposits of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate ant
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, but becomes a part Of tn
| record.
When an adverse claim has been filed 1t can
not be amended so as to embrace & larger per
ton Of the premises than that described in tn,
original adverse claim.
An adverse claim must be made out IL
proper form and hled in the proper local ofic
during the period Of publication of the appli
cation for the patent to be effective.
1t Is the duty of the adverse claimant Il
commence suit in proper form within the re
quiree time, and If he trusts the uncertain
medium of the United States mail he mus
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to m 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 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, viii net be considered in evt
dence.
Ar adverse claimant should show q compli
ance with the local laws in recording his claim
and in regard to expenditures. aud shall hle
copy OF the original notice OF MS locAt1on, anC
show the nature or extent Of the confiici
alleged.
An allegation of parties to q suit that they
compose the company IL sufficient. and they
are not required to prove that they are tn
original l~ocators or the identical parties whC
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS
Where land is of little. If any value, for agri
cultural purposes, but ts essential to thu
1900 Izxnlo-rnAnt Of rnNnfnn r1aipne a.
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agriculture
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 o tract sitter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mint
may make application for patent for same,
and the agricultural entry will be cancelled q
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 q mining location and
dispose OF 1t. provided he becomes . citilen
| before disposing Of the mine. Proof that the
| party was not q citizen before disposing Of his
| claim must be afirmatively shown.
Locstors 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 a mining claim sold to al
alien cannot be patented while such owner IL
an alien; but OF his declaration to become Q
citizen his right dates back to his purchase
and he may thereupon secure United States
| patent for his claim.
CROSS LED6Es
Revised Statutes. Section 1886:
Where two or more lodges cross or fntersec,
each other, priority Of title shall govern, ano
such prior location shall be entitled to all ere
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 or mort