Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-06
I~SCELLANEOU
INFOR
....FOR...
OWNERS AND L0CkTORS
....OF....
MI i III E - !.
APPLICATION FOR PATENT.

AffLAOAIhON fOH PATENTs
Where papers have once been filed with the
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
ersl Land Office.
An application will be rejected whom the de-
scription OF the premises IL 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 =
newspaper 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 u suit in Court commenced by
the adverse
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 u 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 = mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations as 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 a 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-
| ceiyer cannot be recorded as evidence.
In all patents for mining claims situated
| within the interior boundaries of = town site
q clause ia nserted 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, 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 newspaper. and in daily
newspapers 60 days must elApse between the
frat and last insertions.
where the Register designates the q ally issue
of a newspaper fer publication OF notices Of q
mining application for patent 1t Is not a COM
plianco with law TO change to the weekly edi-
ton Of the same psper without authority Of
the Register.
The existence OF q salt spring on q tract of
land withdraws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the Agricultural
character OF such land ts not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 6 separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled
cannot be Withdrawn. but becomes q part VI the
record.
When an adverse claim has been filed II can.
not be amended SO as to embrace a larger per.
ton OF the premises than that described In the
original adverse clsim.
An adyaraa claim mnat la nada ont an
proper form and hled In the proper local Office
during the period Of publication OF the appli-
cation for the patent to be effective
1t Ia the duty OF the adverse claimant TO
commence suit in proper form within the re-
quired time, and If he trusts ihe Uncertain
medium of the Uuited States mail he must
abide the consequences, should the Delay
ensue, through misfortune or accident. Should
the failure to suit be the res. 1t of
the corrupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in do.
tail the facts upon which lie bases his adverse
claim. A statement in general terms, embody-
ing conclusions OF law. without stating the
facts specially, Will not he considered ia evil
dence.
AL adverse claimant should chow a compli.
ance with the local laws In recording his claim
and In regard to expenditures. aud shall nile u
copy Of the original notice Of his location, and
show the nature or extent OF tho conflict
alleged.
An allegation of parties TO q suit that they
compose the company is sufficient. and they
are not required to prove that they are the
original ~locators 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 Ia essential to the
proper development OF mining claims, 1t
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 st 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 sitter the samt ,as been
entered as agricultural, but before sAent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled t.
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 DO re.
ceiyed In payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose Of 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposing Of his
H'nAhA Aue ~ Ncif BHOWus
Locators and intermediate owners, other
than applicants will not be presumed siiens,
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 Q
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revived Statutes. Section 1850:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined 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 mite the oldest or prior location shall
take the vein below tho point OF union, In
Guiding all the space of intersection.
TUNNELS.
There is no authority of law for q tunnel