Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-10
MISCELLANEOUS
INFOR
s...Eok....
OWNERS AND L0CAT0RS
....oF....
MI ES /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become . part OF
| the record, and can neither be Withdrawn nor
returned, but must be to the Gem
| eral Land Once.
An application will be rejected when the de-
scription of the premises is erroneous or in
sufficient.
application for patent will be rejected be-
First The notice was published without the
knowledge Of the Register.
~Second-The notice was not published in 3
new spaper 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 q 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.
tinct portions of 9 claim, application for
patent may be made by either for tnA 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 9
patent.
A person or association may purchase as
| 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 for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing to &C! IS q deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries OF q town site
8 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 i'm
provements not belonging 10 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 u 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 elspse between the
hr.t and last insertions.
where the Register design ties the daily issue
Of 8 newspaper fer publication Of notices of .
mining application for patent 1t 10 not 9 COM
pliAnce With Law 70 change TO the weekly edi-
ZION Of the same paper without authority Of
the Register.
The existence Of q salt spring on 9 tract of
land withdrsws it from the operation Of the
Homestead and p~re-emption laws. A hearing
for the purpose OF proving the agricultural
character Of such land Is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 8 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 fled
cannot be withdrawn. but becomes q part Of the
record.
when an adverse claim has been filed il can.
not be smended 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 firm and filed in the proper local ONCE
during the period Of publication OF the appli.
cation for the patent to be effective.
1t lie the duty OF the adverse claimant 10
INNER suit in proper form within the re-
qEirsi time, and il he trusts The Uncertain
medium Of the United States mail he must
abide the consequences, should the delay
| ensne. through misfortune or accident. should
the failure to suit be the result Of
the corr upt or dishonest action Of his attorney.
tue lnterisr Department cannot redress the
wrong.
An adverse clAimsnt should set forth in de-
tsil the facts pom which he bsses his adverse
claim. A statement in general terms, embody-
ing conclusions Of Law, without stating the
facts specially, VIII not be considered In evil
dence.
An adverse claimant should show 3 eompli-
spce with the local laws in recording his claim
and in regArd'to expenditures. and shall nile q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties TO g suit that they
compose the company Is sufficient, and they
are not required 70 prove that they are the
original Iocators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAxps.
Where land is Of little. If any value. for asri.
cultural purposes. but is essential 70 the
proper development Of mining claims, II
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 81 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 sgr. cultural, but before patent has
been Issued, the parties claiming the mine
nay make application for patent for same,
and the agricultural entry will be cancelled b.
that portion Of the land embraced BY said
mining claim.
where mineral deposits are discovered on
issued 20 an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be re.
eeiyed in payment for claims.
ALIESs.
Aforeigner may make 8 mining location ant
dispose OF it. provided be becomes = either
before ~disposing of the mine. Proof that tn,
party was not . citizen before disposing Of hi
claim must be sfirmstiveiy shown.
Loestors and intermediate owners. othei
than applicants. viii not be presumed aliens
in the absence Of allegation or objection PRO-
70 issuance o. patent.
The portion Of . mining claim sold TO Al
alien cannot be patented while such owner IL
AZ alien; but on his declaration TO become
citizen his right dates back 70 his purchase
and be may ihereupon secure United State
patent for his claim.
i. CROSS LKDGEs.
Revised ststutes. Section 2.336:
Where two or more Lodges cross or intersee
e1e4 ether. priority OF title shall govern, ant
saea prior location shall be entitled TO all or
Or u aaeral confirmed within the space Of inter
sse2sss, but the subsequent location shall hsv,
the right Of way through the space of inter
section for the purpose of the convenien
vorking Of the mine. And where two or NOR
veins unite the Oldest or prior location shall
nake the vein below the point Of union. in
clndiRg all the space OF Intersection.