Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-16
MISCELLANEOUS.
INFOR NATION
.~...FoR....
OWNERS AND LOCATORS
....of....
MI NE5.
APPLICATION FOB PATENT.

APPLICATION FOB PATENT.
Where papers have once been fled with the
Register and Receiver they become a part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
ersl Lane ONCE.
An application will be rejected when the de-
scr1ption Of the premises is erroneous or in-
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,
Fourth-A previous application had been
made for the same premises, which was with
drawn pending . 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
ancs with Law.
Where several parties own separate and dis
patent may be made by either for that portion
OF the claim owned by him but where several
parties own undivided interests iii o mining
claim all should join In an application for .
patent.
A person or association may purchase %
many placer locations - the local law admits.
and embrace them all In one application for .
patent.
one application for a patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn TO before any person purport-
ing 20 act ss Q deputy for the Register and Re-
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries Of o town site
o clause 10 int erted excepting and excluding
sl town property, rights upon the surface.
and ell 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 q only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspaper 90 days must elapse between the
first and last insertions.
Where the Register designstes the Tally Issue
Of . newspaper for publication of notices Of Q
mining application for patent ii IL not . COM
pliance with law to change to the weekly edi.
ZION of the same paper without authority Of
the Register.
The existence of @ salt spring on Q tract of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving tbs 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 q separate snd
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 died
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been nied IL 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 be made out in
proper form and died In the proper local ofic e
during the period OF publication OF the sppli-
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant to
suit In proper form within the re-
quired time, and IL he trusts abe uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure 10 commence suit be the result Of
the corrupt or dishonest action Of his attorney,
the Interior Department. cannot redress the
wrong.
An adverse claim ant 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 not be considered In EVIL
dence.
An adverse claimant should show Q compli.
ance with the local laws in recording his claim
and in regard TO expenditures. and shall nile o
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to q 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.
AGRrouLruRAL on MINERAL LANDS.
Where land is Of little. IL 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,
Whore lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance OF patent. upon satisfactory
posits.
Where valuable deposits Of mineral are dis.
covered upon o tract sitter the same ias been
entered % agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled 90
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for clstms.
ALIENS.
A foreigner may make . mining location and
dispose OF II. provided he becomes q citizen
before disposing of the mine. Proof that the
party was not . citizen before disposing OF hts
claim must be afirmstvely shown.
Locators 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 . mining claim sold to an
alien cannot be patented while such owner lie
an alien: but on his declaration 70 become .
citizen his right dates back TO his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LKDoKs.
Revised Statutes. Section 2.336:
Where two or more hedges cross or intersect
each other. priority Of title shall govern, and
such prior location shall be entitled 10 ali ore
or mineral contained 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 union, I'm
Guiding oil the space of intersection.
TUNNELS
There IL no authority of law for a tunnel
location 5000 BY 800 feet. A proper location