Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-08
MISCELLANEOUS.
INEOR
~....FOR....
OWNERS AND L0cATORS
....oF....
Il M E g !.
APPLICATION FOR PATENT.

DUPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become a mart 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 and can neither be withdrawn nor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 de.
SUFFICIENT.
Application for patent VIII be rejected be-
cause:f
First The notice was published without the
kno wledge Of the Register.
Second-The notice WAS not published In a
new 'pspsr designated ss published nearestth
claim.
~Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
dawn pending y suit In Court commenced by
the adverse claimant.
An application for patent viii be rejected
when the survey does not accurately define the
boundaries OF the claim.
Who're the claim was not located 10 accord
ancs with law.
tinct portions VI . claim. application for
patent may be made by either for that portion
Of the claim owned by hun bot where several
parties own undivided interests In . mining
claim all should join In al application for .
patent.
A person or association may purchase ~
many placer locations - the local law admits
and embrace them ell In one application for Q
patent.
Two or more lodes cannot be embraced In
one application for 9 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 - evidence.
In all patents for mining ciuims situated
within the interior boundaries Of Q town site
. clause 10 In erted excepting and excluding
all town property, rights upon the surface,
and all 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 80 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
rewspspers6 co days must elapse between the
nrst and last insertions.
Whore the Register designates the d ally Issue
Of g newspaper for publication OF notices Of .
mining application for patent IL 10 not . COM
pliance WITH Law TO change 20 the weekly edi.
ton Of the same paper without authority VI
the Register.
The existence OF q salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hsartng
for the purpose OF proving the Agricultural
character Of such lsnd 10 not allowed. Land
containing vAlusb!e deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
II In alleged cophicts with the premises owned
by such adyer& claimant.
The papers In an adverse claim. once nled
cannot be Withdrawn. but becomes . part OF the
record.
When en- adverse claim has been hlsd II can.
not be amended 30 % to embrace . larger per.
ton Of the premises than that described In the
original adverse claim.
An adverse claim must be made out iu
proper form and hied la the proper local Office
during the period Of publication Of the sppii-
cation for the patent to be effective.
1t lie the duty Of the adverse claimant 10
Commences suit In proper form within the re-
medium OF the United States mail he must
abide the consequences, should the delay
ensne. through mIsfoFiune or accident. Should
the failure 70 suit be the result VI
the coriupto or dishonest action Of his sttsrney,
the lnterisr Department cannot redress the
wrong.
An adverse claimant should set forth In dc.
tail the facts upon which lie bases his adverse
claim. A statement In general terms, embody.
Ing conclusions Of law. without stating the
IAcis specially, VIII not be considered Ia evil
dence.
An adverse claimant should show . compii.
ance with the local laws In recording his claim
and in regard to expenditures. aud shall nls q
copy Of the origtasl notice Of his location, and
show the natnre or extent OF the conflict
alleged.
An allegation Of parties to Q suit that they
compose the company 10 sufficient, and they
are nos required to prove that they are the
original ~locstors or the Identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Uhx~ I.rA L.. - fakAs.
cultural purposes. but 10 essential to the
proper development Of mining claims. 1t
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included In M agricultural
entry. said entry will be cancelled ~ any time
prior TO i.suanos of patent. upon satisfactory
posits.
Where valuable deposits Of mineral are dis
covered upon . tract sitter the SAINT aas been
entered ~ ayr cultural, but before I stent has
been issued, the parties claiming the mine
may make application for pstent for same,
and the agricultural entry viii be cancelled 10
hat portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issned to All agricultural claimant. thsy pass
with the patent.
Agricultural College scrip cannot DO re-
ceived In paymCn for claims.
ALIENS.
A foreigner may make 9 mining location and
dispose OF 1t. provided he becomes . citizen
before disposing Of the mine. Proof that the
party was not q citizen before dispostng OF his
claim must DO afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens.
n me absence OF allegation or objection prior
The portion Of Q mining claim sold to an /
alien cannot be patented while such owner h
an alien; but on hts declaration 10 become 4
citizen bis right dates back to his purchase.
aud he may therenpon secure United States
patent for his claim.
CROSS LKDoRs.
Revised 9tstutes. Section 2.3Se:
Where two or more lodges cross or antersect |
each other. priority Of title shall govern. ana
such prior location shall be entitled 70 ali ore
or IMMORAL contained within the space OF inter.
section. but the subsequent location shall have
the right OF way through the space OF inter.
for the purpose Of the convenient |
working OF the mine. And where two or more |
veins unite the oldest or prior location hal |
take the vein below the point Of union. in.
GLIDING all the space OF intersection.
There 10 nc authority OF law for a tunnel
location 5000 BY 800 feet. A proper location
10 the width OF the tunnel for 5000 feet.