Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-01
MISCELLANEOUS.
INFOR NATION
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OWNERS AND L0CkTORS
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Il m ES 4.
APPLICATION FOR PATENT,

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become apart 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the record, and can neither be withdrawn nor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-
scrtption Of the premises 10 erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
Frat The notice was published without the
knowledge Of the Register.
Second-The notice was not published In o
newspaper designated as published nearest the
claim.
Thlrd--Record title was found defective.
and
Fourth--A previous application had been
made Tor 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 W separate and DIS.
tinct portions Of . claim, application for
pAtent iasy De made by either for tn at portion
OF the claim owned by him.: but where several
parties own undivided interests in . mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations Ne the local law admits.
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
| claims embracing two or more iodes within
| their boundaries.
Papers sworn to before any person purport-
ing to set as g deputy for the Register and he
ceiver cannot be recorded a. evidence.
In all patents for mining claims situated
1 within the interior boundaries Of q town site
0 clause Is ins 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register design ates the Tally issue
Of g newspaper fer publication Of notices of Q
mining application for patent 10 10 not . COM
pliance with law 10 change 70 the weekly edt.
lion Of the same paper without authority OF
the Register.
The existence OF . salt spring on 9 tract OF
land withdrAws IL from the operation Of the
Homestead and presumption 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 claimant must file @ separate and
distinct claim sgsinst each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled
cannot be withdrawn. but becom es . part Of the
record.
When an adverse claim has been filed 1t can.
not be amended SO as TO embrace . larger per
ton OF the premises than that described In tns
1 OTtQfnR al a6varaA rlsfpn
An adverse claim must be made out In
proper form and filed In the proper local off, CO
during the period Of publication Of the appli'
cation for the patent to be effective.
1t IL the duty Of the adverse claimant Ia
commence suit in proper form within the re.
quired time, and IL 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 sdverse
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 clsimsn should show Q compli.
snce with the local laws In recording his claim
and In regard to expenditures, and shall nle .
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 Ii SUFFICIENT, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LAxps.
Where land is of little. II any value. for sgri.
cultural purposes, but 10 essential to the
proper development Of mining claims, Il
should be disposed OF undo the Mining Act.
Where lands containing valuable mineral
deposits have been Included In an agricultural
entry. said entry will be Cancelled as any time
prior to issuance OF patent. upon satisfactory
evidence OF the existence Of such valaable de-
posts.
Where valuable deposits Of mineral are dis
covered upon . tract sitter the same lAs 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 Will be Cancelled 10
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 70.
ceivsd In payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes 0 citizen
before dispostng OF the mine. Proof that the
party WAS not Q citizen before disposing OF his
claim must be sffirmAtively 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 Is
an alien; but ON his declaration TO become :
citizen his right dates back 10 his purchase.
sud he may t~hereupon secure United States
patent for his claim.
CROSS LRDaR
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 ell 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