Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-10
MISCELLANEOUS.
INFOR NATION
~....FoR....
OWNERS AND LOcATORS
s.oF.
MI Il M E /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and heceiyer they become . part Of
returned, but must be transmitted to the Gen.
eral Land ONCE.
An application will be rejected when the de.
scription OF the premises 10 erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without tho
knowledge Of the Register.
~second--The notice was not published in Q
new designated ~ published nearestthe
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 q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tho
boundaries OF the claim.
Where the Claim was not lcchted In accord
ance with law.
Where several parties own separate and dis
tinct portions vi . 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 9 mining
claim all should Join in an application for a
patent.
A person or association may purchase %
many placer locations as the local law admits.
and embrace them all In one application for Q
pstent.
Two or more lodes cannot be embraced in
one application for 9 patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act a. Q deputy for the Register and Re-
oeiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
II q n .v,u 4 a ta.artaA ssn~nAvlfru s~A A~,t.,l{Dn
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. 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 GO days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In daily
newspapers 60 days must elapse between the
| frat and last insertions.
Where the Register designates the d ally Issue
of q newspaper for publication Of notices Of Q
mining application for patent IL 10 not q COM
pliznce with law TO change to the weekly edi-
tion of the same paper without authority Of
the Register.
The existence Of Q salt spring on o 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 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ApvERsE CLAIMS.
Adverse claimants must hle O separate and
distinct claim against each application which
1t Ia alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be Withdrawn. but becomes . part Of the
record.
When an adverse claim has been nled II can.
L mt ha aynandaA nc an 20 n0ntwaaa . la,nA 4.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and flied in the proper local OH CO
during the period Of publication Of the appli.
cation for the patent 10 DO effective.
1t 10 the duty VI the adverse claimant to
suit In proper form within the re.
| CURED time, and II lie trusts the uncertain
medium OF the United Statee mail he must
abide the consequences. should the delay
ensne, through misfortune or accident. Should
the failure TO suit be the resalt OF
the cor rupto 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.
ing conclusions Of law, without stating the
facts specially. Will not be considered 10 evi.
dence.
An adverse claimant should show Q compli.
ance with the local laws in recording his claim
and In regard to expenditures. and shall nie Q
copy Of the original notice Of his location. and
alleged.
An allegation Of parties TO Q 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.
AGRICULTURAL on MINERAL LAsDs.
Where land ia Of little. II any value, for apri-
L GnlfnraI nt1rnnlaa hn4 d Aa0aul - IT.
proper development OF mining claims, Il
should DO disposed OF under the Mining Act,
Where lands containing valuable mineral
deposits have been included 10 an agricultural
entry. said entry will be cancelled a. 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 . tract sitter the same aas been
entered AZ agricultural, but before stent has
been issued, tho 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 boon
Issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re.
ceivod In payment for claims.
ALIENS.
N ioreiBuor may make o mining location and
dispose OF 1t. provided he becomes Q citizen
before dfsposing Of the mine. Proof that the
party was not . citizen before disposing Of his
claim must be afirmativoly 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 q mining claim sold 10 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,
sud he may thereupon secure United States
patent for his claim.
CROSS LEDaRs.
Revised Statutes. Section 1880:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to eli orc
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 whore two or moro
veins unite the oldest or prior location shall
take the vein below the point Of union, In.
Guiding all the space Of intersection.
TUNNELs
There IL no authority Of law for Q tunnel
location 5000 By 1900 feet. A proper location
a. a &hA HIIth