Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-10
MISCELLANEOUS
lNFOR
....ToR...
OWNERS AND L0CATORS
....oF....
MI Il IL /.
APPLICATION ron PATENT.

" fATGNTs
Where papers have once been 6led with tba
Register and Receiver they become a 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the record, and can neither be withdrawn nor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 do.
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 a
newspaper designsted as published nearest the
claim.
Third--Record title was found defective.
and
Fourth--A previous application had bsen
made for the same premises, which Yves with.
drawn pending o suit in Court commenced by
the adverse claimant.
An application for patent will be- rejected
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 made by either for tina portion
Of the claim owned by him.; but where several
parties own undivided interests In . mining
claim all should join in an application for .
patent.
A person or association NAV purchsse an
many placer locations - the local law admits,
and embrace them all In one application for 9
patent.
Two or more lodss cannot be embraced In
one application for . patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn 10 before any person purport.
ing to act a. . deputy for the Register and BE-
celver cannot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries Of Q town site
. clause IL inserted 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 to the grantee here
In. ana all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and in daily
newspapers co days must elapse between the
frat and last insertions.
Where the Register design stes the d aily issue
Of Q newspaper fer publication OF notices Of o
mining application for patent II 10 not . COM
plfance With law to change 10 the weekly edi-
zion OF the same paper without authority Of
the Register.
The existence OF 9 salt spring on a tract Of
land withdrAws IL from the operation Ut the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such LAID 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
dtstinct claim against each application which
IL 10 alleged conflicts with the premises owned
By such adverse claimant.
The papers In an adverse claim, once 6led.
cannot be Withdrawn, but becomes . part OF the
record.
Whom an adverse claim has been nled II can.
not be amended 30 ~ to embrace q larger per.
ton OF the promises than that described In tine
original adverse cisim.
An adverse claim must be made out In
proper form and hled In the proper local cGice
during the period Of publication of the appli.
cation for the patent to DO effective.
It 10 the duty Of the adverse claimant 10
commence suit in proper form within the re-
CURED 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 tho result Of
the corrupt or dishonest seton Of his attsrney,
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 ststiug the
facts specially, Will not be considered ia evi-
dence.
An adverse claimant should show Q compii.
ance with the local laws in recording hts claim
and in regard TO expenditures. and shall nile :
~ "a IA u
show the nature or extent Of the conflict
alleged.
An allegation OF parties TO q suit that they
compose the company 10 SUFFICIENT. and they
are not required to provo that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little. II any value, for agri.
cultural purposes, but 10 essential to the
proper development OF mining claims, II
should be disposed Of under the Mining Act.
Who're lands containing valuable mineral |
deposits have been Included In an Agricultural
entry, said entry will be cancelled - any time
prior to issuance OF patent, upon satisfactory
evidence OF the existence Of such yaiaable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract sitter the same aas been
entered as agricultural, but before I stent has
boon Issued, the parties claiming the mine
may make application for patent for same,
aud 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 re.
ceived In payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF IT.. provided he becomes Q citizen
before disposing OF the mine. Proof that the |
party was not . citizen before disposing Of his
claim must be afarmatively 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.
This portion Of . mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration 70 become !
citizen his right dates back to his purchase.
hud he may thereupon secure United States
patent for his claim.
CROSS LEDoEs. /
Revised Statutes. Section 2,3s6:
Where two or mors lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to ali ore
or mineral eont.ined within the space Of inter.
section. but the subsequent location shsli have
tho 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
take the vein below the point OF union, In
Gliding all the space OF intersection,
TUNNELS.
There IL no authority NJ law Sov tuuual