Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-22
MIS- ELLANEOUS
INFOR
FOR.
OWNERS AND LOCATORS
MI g .
APPLICATION FOR PATENT,

APPLICATION roR PATENT,
Where papers have once been filed with the
Register and Receiver they become o part Of
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
eral Land once. j
An application will be rejected when the de-
scription of tho 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.
md notice was not published in 9
newspaper designated as published nearest the
claim.
T~hird-Record title was found defective,
and
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
ance with law.
Where several parties own separate and dis
tnct portions Of . claim. application for
patent may be made by either for tn at portion
VI the claim owned by him: but where several
parties own undivided interests in Q mining
claim all should join In an application for =
patent.
A person or association may purchase as
@@& @ - tAo " AeW AAAAt
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
their boundaries.
Papers sworn to before any person purport-
ing to act a. . deputy for the Register and he
ceiver cannot be recorded a. evidences.
| In all patents for mining claims situated
within the interior boundaries OF o town site
. clause 10 inserted excepting aud 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 newspaper. and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designstes thedsiiy issue
OF q newspaper fer publication Of notices Of q
mining application for patent IL 10 not Q com.
pliAnce with law TO change TO the weekly edi.
ZION OF the same paper without authority OF
The existence Of . salt spring on Q tract OF
land withdrAws IL from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the Agriculture
character Of such land IL not allowed. Land
containing valuable deposits Of slate may b
entered under the mining Acts.
ADvKnsE CLAIMS.
Adverse claimants must hle Q separate and
distinct claim Agsinst each application which
IL 10 alleged conflicts with The premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn but becom es b part Of thu
record.
When sn adverse claim has been nled 1t can
not DO amended 30 as to embrace o larger per
ton OF the promises than that described in ths
original adverse claim.
An adverse claim must be made ont IL
proper form and MED in the proper local Off CO
during the period Of public Aiion OF the sppii
cation for the patent to be- effective.
1t 10 the duty OF the adverse claimant tc
commence suit in proper form within the re.
CURED time, and II he trusts ,hs uncertain
medium OF the United States mall he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
tho 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, will not be considered In evi.
dence.
An adverse claimant should show . compli.
ance with the local laws in recording his claim
and In regard to expenditures. and shall nls a
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 suficient, and they
are not required to prove that they are thu
original ~locators or tine identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAHps.
Where land is Of little. II any value. for agri.
cultural purposes, but is essential to the
proper development Of mining claims, IL
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 90 any time
prior TO issuance Of patent. upon satisfactory
evidence OF the existence OF such valaabie de-
posts.
Where valuable deposits Of mineral are dis.
covered upon . tract after the sam ias been
entered as agricultural, but before ! stent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 30
that portion OF the land embraced by said
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 . mining location and
dispose OF It. provided he becomes q citizen
before disposfng OF the mine. Proof that the
party was not . citizen before dispoaing Of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed sliens.
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 10
an alien; but on his declaration to become :
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patcnt for his claim.
CROSS IxDaxs
Revised statutes. Section 2,3S6:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to ali ore
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 two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. In.
GLIDING al the space Of intersection.
TUNNELS,
There 10 no authority of law for 9 tunnel
location 5000 by 800 feet. A proper location
In the width of khA tun nal To- d An0 faaA