Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-09
MISCELLANEOUS.
INEOR
....FoR....
OWNERS AND L0CAT0RS
~...OF....
M ES /.
APPLICATION FOB PATENT.

APPLICATION FOR PATENT.
Where papers lave once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land Office.
An application will be rejected when the de-
scription 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-The notice was not published in 3
newspaper designated as 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 pending = suit in Court commenced by
the adverse
Al 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
tinct portions Of . claim, application for
patent may be made by either for that portion
Of the claim owned by him; but where several
parties own undivided interests in Q mining
claim all should join in an application for Q
patent.
n pCTbOh VI heSON1btlOu may puTCuhbc 40
many placer locations as the local law admits,
and embrace them all in one application for q
patent.
Two or more lodes cannot be embraced in
one application for a patent except fox placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re
ceiver cannot be recorded ss evidences.
In all patents for mining claims situated
within the interior boundaries of . town site
0 clause 10 inserted Excepting and excluding
sll town property, rights upon the surface,
and all houses, buildings, structures, lots.
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper 10 the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers co days must elspse between the
fret and last insertions.
Where the Register designates the daily issue
Of q newspaper fer publication of notices of Q
mining application for patent ii is not q com
pliance with law to change to the weekly edi-
tton of the same paper without authority Of
the Register.
The existence Of q salt spring on 9 tract of
land withdraws ii from the operation Of the
homestead and p~re-emption 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 file q separate and
distinct claim against each application which
II is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1t can
not be amended 80 as to embrace q larger per
ton Of the premises than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local office
during the period of publication OF the sppli-
cation for the patent 10 be effective.
1t is the duty OF the adverse claimant to
suit in proper form within the re-
quired time, and If he trusts the 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 cor rupt or dishonest action Of his stterney.
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 evil
dence.
An adverse claimant should show q compli-
ance with the local laws in recording hts 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 a suit that they
compose the company is sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
yrhn-o r.n1 L. ~ 1gtsia az .r-
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 1T any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable de
posits.
Where valuable deposits of mineral are dis
covered upon q tract after the same has been
entered as agricultural, but before patent 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 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-
ceived in payment for claims.
ALIENS.
A foreigner may make q 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 his
claim must be afirmatively shown.
Locstors 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 6 mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration 10 become >
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1885:
Where two or more led ges cross or intersect
each other, priority Of title shall govern, and
such PRIOR location shall be entitled to all 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 tho 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 all the space of intersection.
~UNSEL
There is no authority OF law for O tunnel