Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-05
MISCELLANEOUS.
MOI NATION
OWNERS AND L0CATORS
....OF....
i M e g
APPLICATION FOR PATENT.

ntBlstoT uuu hcCcANcr tucy DeCOm6 D 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the record, and can neither be withdrawn nor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 is erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
First Tho notice was published without the
knowledge Of the Register.
~Second-The notice was not published in a
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 a 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
tinct portions of q claim, application for
patent may be mado by either for that portion
Of the claim owned by him; bnt where several
parties own undivided interests in a mining
claim all should join In an application for u
patent.
A person or association may purchase as
many placer locations ss 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 q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
| Q clause Is 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 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register designstes the d all issue
of q newspaper for publication of notices of c
mining application for patent 1t Is not g COM
pliance with law to change to tho weekly edi-
tton of the same paper without authority Of
the Register.
The existence Of q salt spring on q 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 IL not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file a separate and
distinct claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse laimant
The papers In an adverse claim, once filed
cannot DO withdrawn, but becomes u part OF the
record.
When an adverse claim has been filed It can.
not be amended 80 as to embrace u 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 ofiice
during the period of publication OF the appli.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant 10
suit In proper form within the re-
quired time, and II 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 suit be the result OF
the orrupto or dishonest action Of hts 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 evil
dence.
An adverse claimant should show q compli-
ance with the local laws In recording his claim
and In regard to expenditures. and shall nle a
copy OF the original notice OF his location, and
show the nature or extent OF the oonfict
alleged.
An allegation of parties TO a suit that they
compose the company 10 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.
Where land is of little. If any value. for agri.
cultural purposes, but 10 essential TO the
roper development of mining claims, 1t
should bs disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled &c 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 a tract sfter the same ias been
entered az 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 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 1t. provided he becomes a citizen
before disposing of the mine. Proof that the
party was not a citizen before disposing Of his
claim must be affirmatively 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 q mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration to become 4
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDaRa
Revised Statutes. Section 2.336:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled 10 ali 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 Tor the purpose Of the convenient
working OF the mine. And whore two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. in.
ciuding all the space OF intersection.
TUNNELS.
There Ia no authority of law for a tunnel
location 5000 by l 800 feet. A proper location
10 the width OF the tunn mel for 9 1000 feet.
There ID no provision Of law for patenting
tunnel locations, but lodes discovered in run.
as other lodes.
The right is granted to tunnel owners to /
! .ooO Feet OF each blind lode. not previously