Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-15
MISCELLANEOUS
APPLICATION FOB PArEsI.

MHere papers lave once Dteu ulel Win Ine
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the record, and can neither be Withdrawn nor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-
scrlption 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-Ihe notice was not published in o
newspaper designated IS 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 pen1fng . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey Goes not sccurstely define the
boundaries OF the claim.
where the claim was not located in accord
Ance with law.
Where several parties ovn separate and dis
tinet portions Of . claim. application for
patent may be made By either for ia II portion
OF the claim owned by him: 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 lodes within
their boundaries.
Papers sworn 10 before any person purport-
ing to act as . deputy for the Register and Be
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries OF q town site
q clause is Inc erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
LlZrhu 40 .Ifa-a - -
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 GO days.
Notice must be published 10 Consecutive
weeks il weekly newspapers, and in daily
newspaper 60 days must elapse between the
frst and last insertions.
Where the register esfgnAtes thedsily issue
Of 9 newspaper fer publication Of notices Of 9
mining application for patent IL is not 9 com
pliAnce wiki Law TO change 10 the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence Of . salt spring on . tract Of
land withdrsws it from the operation If the
Homestead and prescription 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 hls g separate and
distinct claim sgainst each application which
1T 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.
When an adverse claim has been fled il can
not be amended SO - 70 embrace q larger per-
ton Of the premises than that described in the
original adverse claim.
An adyerRe claim muat be mRde ont in
proper form snd filed In the proper local office
during the period of publication Of the Appii-
cation for the patent 20 be effective.
1t is the dufg of the adverse claimant TO
N suit In proper form within the re-
quired time. and If he trusts Ihe 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 resai IL Of
the corrupto 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
clsim. A statement In general terms, enbody-
ing conclusions OF Law, without stating the
facts specially. Will not be considered 10 evil
dence.
An adverse claimant should show 3 coInpli-
snee with the local lave In recording his claim
and in regard TO expenditures. and shall nie a
copy Of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to 6 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original locstors or the identical parties who
present the adverse claim.
Oh MINERAL LANDS.
Where land ia Of little. If 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.
Whnra IanAa rrpstnfnH ufaLH 1880
deposits have been included in "a 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-
posts.
Where valuable deposits Of mineral are dis
covered upon 8 traet after the same has been
entered IS agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same.
aud the agricultural entry win be cancelled -
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-
eeiyed in payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF IL. provided he becomes 9 citizen
before disposing Of the mine. Proof that the
party was hot q ltGc 0clorc QtsH1HtuS y IA
claim must be sfirmstively shown.
Locstors and ntermediate owners, other
than applicants. viii 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 to become .
citizen his right dates back to his purchase.
and he may thereupon secure United States
patent for his claim.
CROSS LEDGRs.
Revised Statutes. Section 2,S36:
Where two or more lodges cross or interseet
each other, priority OF title shall govern, ana
such prior location shall be entitled 10 all ore
or mineral eont>ined within tho 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 olde-t or prior location shall
take the vein below the point Of union, In
cluding all the space of intersection.
TUNNELS.
There is no authority of law for . tunnel
location 5000 by 800 feet. A proper location
is the width OF the tunnel for 5000 feet.
There is no provision OF law for patsnnng
tunnel locations. but lodes discovered In run
ning q tunnel may be patented In like manner
as other lodes.
The RIGHT In crsptad Al tunnel owners 10