Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-27

INFORMATION
....F0R....
OWNERS AND L0CAT0RS
....OF....
MI ES .
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled 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the record, and can neither be Withdrawn nor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 Once.
An application will be rejected when the de-
scription Of the premises IL 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 Q
new psper designated q 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 claimant. /
An application for patent will be rejected
when the survey does not accurately dehne the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tlnct portions Of Q claim, application Tor
patent may be made by either for that portion
OF the claim owned by him: but where several
parties own undivided interests in O mining
claim all should join in an application for .
patent.
A person or association may purchase as
| many placer locations Is the local law admits
and embrace them all In one application for o
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 to before any person purport-
| ing TO act as a deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In sll patents Tor mining claims situated
within the interior boundaries OF Q town site
Q clause ts inserted 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 sill 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 60 days.
| Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers GO days must elapse between the
| fret and last insertions.
Where the Register designAtes the dsily issue
Of q newspaper fer publication Of notices Of 9
mining application for patent II Is not Q COM
pliance With law to change TO the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence Of Q salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land fs not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file @ separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
Tho nanaFa In Nm aAuapQA lafyo nnaa GIaE
cannot be withdrawn, but become s q part Of the
record.
When an adverse claim has been hled 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 filed In the proper local office
during the period of publication OF the appIi-
cation for the patent to be effective.
II is the duty Of the adverse claimant 10
commence 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 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-
A16 Va law MAtuQut 8tA4 INC
facts specially, will not be considered ia evil
dence.
An adverse claimant should show 9 compli.
ance with the local laws In recording his claim
and in regard to expenditures, and shall nle g |
copy OF the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to 9 suit that they
compose the company 10 sufhcient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
~eRroULrURA OR MINERAL LANDS.
Where land is of little. Il any value. for agri-
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 at any time |
prior to issuance Of patent, upon satisfsctory
evidence Of the existence Of such valuable de-
posts. |
Where valuable deposits Of mineral are dis.
covered upon . 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
w nj oAA&aA tuGy pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make g mining location and
dispose Of IL. provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not o citizen before disposing of his
claim must be afirmatively shown.
Locators and intermediate owners, other
tnan applicants, will not be presumed aliens.
IN the absence Of allegation or objection prior
70 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 ne may thereupon secure United ststes
patent for his claim.
CROSS LEDGE
Revised 6tstutes. Section 1885:
wnere two or more led gees cross or intersect
eacn other, priority Of title shall govern, and
sucn prior location shall be entitled to all ore
OF mineral eontsined within the space Of inter |
sscuon, but the subsequent location shall have
sne iient OF way through the space Of inter
session Tor the purpose OF The convenient |
working OF the mine. And where two or more
VEINS unite the oldest or prior location shail |
.ske the vein below the point Of union. In
siuaing all the space Of intersection.
TUNNELS.