Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-20
MISCELLANEOUS.
lNFOR m
....FOR...
OWNERS AND L0CkTORS
or. %
MI M Il - /.

Where pspers have once been filed with the
Register and Receiver they become Q part of
the record, aud can neither DO withdrawn nor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 10 erroneous or In.
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Socond-The notice was not published in u
designated a. published nearest the
claim.
Third-Record title was found defective.
and
Fourth--A previous spplicstion 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
ancu with law.
Where several parties own separate and dis
tlnct portions Of D claim. application for
patent may be made by either for that portion
Of the claim owned by hun: but where several
parties undivided interests in = mining
claim all should join In an application for d
patent.
A person or association may purchase as
many placer locations 81 the local lsw 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 ~ . deputy for the Register and Re-
ceiver cannot be recorded ~ evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
. clause 10 inserted excepting and excluding
all town property, rights upon the surface,
and sill houses, buildings, structures. lots,
blocks, streets, alleys or other municipal Inn
provements not belonging to the grantee here
In, and ell 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elspse between the
frat and last insertions.
Where the Register designAtes the dali issue
Of . Newspaper for publication OF notices Of .
mining application for patent II 10 not . COM
pliance with Law to change to the weekly edi-
ZION Of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws IL 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.
1 ADVkRsE CLAfAg.
Adverse claimants must 6le Q separate and
distinct claim agAinst each application which
It 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim, once fled
cannot be withdrawn. but becomes . part Of the
| record.
Whom an adverse claim has been hled II 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 DO made ont in
proper form and flied In the proper local office
during the period Of publication OF the sppli-
cation for the patent to be effective.
| 1t 10 the duty Of the adverse claimant 10
suit In proper form within the re-
| Qutred time, and IL he trusts ,he uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure to commence 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 dc.
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 Ia evil
dence.
An adverse claimant should show Q compii.
ance with the local laws In recording his claim
and In regard to expenditures. and shall nle q
copy OF the original notice Of his location, and
show the nature Or extent OF the conflict
alleged.
An allegation Of parties to 8 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are ths
original ~locstors 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 Is essential to the
proper development Of mining claims, It
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 st any time
prior TO issuance OF patent, upon satisfactory
evidence Of the existence of such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon . tract sfter the same mas been
entered 40 agricultural, but before I stent 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 ssid
mining claim.
Whore mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant. they pass
Agricultural College scrip cannot be re.
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location ana
dispose OF IL. provided he becomes 4 citizen
before disposing Of the niue. Proof that the
party was not o citizen before disposing Of his
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants. will not DO 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 he
an aiien; but on his declaration TO become .
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LKDaEs
Revised Ststutes. 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 70 all ore
or mineral contained within the space Of inter
section, but the subsequent location shall have
the hight 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 oidest or prior location shsll
take the vein below the point Of union. In
GLIDING all the space Of intersection.
TUNNELS.
There 10 no authority Of law for q tunnel
location 5000 By ]. 800 feet. A proper location
IL the width OF the tunnel for 4 OO6 faat. |