Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-25
MISCELLANEOUS.
INFORMATION
....FoR....
OWNERS AND L0CAT0RS
....oT....
ELS :

MI M ELS :.
APPLICATION FOR PATENT.
Where papers have once been hled with the
Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
eral Land Once.
An application viii be rejected when the de-
scription Of the premises II erroneous OF In
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 .
Newspaper designated a. published nearest the
claim.
Third-Record title was found defective,
and
Fourth-A previous application hsd been
made for the same premises, which was with.
drawn pending . suit In Court commenced BY
the adverse
An application for patent will be rejected
when the survey does not accurately defne ths
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 . claim, application for
| patent may be made By either for that portion
L OF the Ct4lm CWueQ DY MIN. Dut Wuefo BONcEbi
| PARTED own undivided interests In . mining
| claim all should join in an application for .
| patent.
A person or association may purchase -
| many placer locations - the local law admits.
| and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more lodes within
| their boundaries.
Papers sworn to before any person pur3ort-
ing TO act as o deputy for the Register and ke-
ceiver cannot be recorded - evidence.
In si patents for mining claims situated
within the interior boundaries Of . tow site
Q clause 10 inserted excepting and excluding
sll 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 sll rights necessary or proper 70 the
occupation, possession and enjoyment OF the
same"
publication Of notice must be made n 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 slapse between the
frst and last insertions.
Where the Register designates the tally issue
Of 9 newspaper fer publication Of notices OF 9
mining application for patent IL Is not . COM
pliance witt law to change TO the weekly edi-
ZION Of the sans paper without authority Of
/ the Register.
The existence Of o salt spring on Q tract Of
land vithdrsws 1t from the operation Of the
Homestead and presumption laws. A bearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing vslusble deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle 9 separate and
distinct claim against each application which
It 10 alleged c~ondicts with the premises owned
l nv anfh QhWQFE4 GlQ m ant
The papers In an adverse claim, once filed,
cannot be Withdrawn. but become 90 Q part OF the
record.
when an adverse claim has been nlsd II can
not be amended so as to embrace o larger por-
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 Office
| during the period of publication OF the sppli-
| cation for the patent TO be affective.
1t 10 the duty Of the adverse claimant to
| suit in proper form within the re-
| quired time, and IL he trusts the uncertain
medium Of the United States mail he must
| abide the consequences. should the delay
| snsue, through misfortune or accident. Should
the failure 10 commence suit be the result Of
the corrupt or dishonest action Of his attorney.
the Interior Departments 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, win not be considered In evil
dence.
An adverse claimant should show . compli-
ance with the local laws In recording his claim
and in regard to expenditures. and shall ME q
| copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation OF parties 10 Q suit that they
| compose the compsny 10 sufficient. and they
are not required 70 prove that they are the
| original ~1ocstors OF the identical parties who
| present the adverse claim.
A~aRIouLruRAL on MINERAL LANDS.
Where land IL of little. II any value. for agri-
cultural purposes, but 10 essential TO the
proper development Of mfoing claims, 1t
should be disposed of under tbs Mining Act.
Where lands containing valuasse mineral
deposits have been included In an Agriculture
entry, said entry will be cancelled ~ any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence Of such valuable de-
posts.
Where valuable deposits of mineral are dis
covered upon > tract sfter the same has been
entered as agricultural, but before patent 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.
Agricultural lands after the patent has been
issued TO an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
eeised In payment for claims.
II ALIENS.
A foreigner may make q mining location and
dispose OF IL. provided he becomes q citizen
before disposing Of the mine. Proof that the
party was not . citizen before disposing Of bis
elaim must be afirmatively shown.
LoeAtors and intermediate owners. other
tnsn applicants, will not be presumed aliens,
IN me absence Of allegation or objection prior
to issuance Of patent.
me portion OF 4 mining claim aold to an
shen cannot be patented while such owner 10
an alien; but on his declaration 70 become .
citizen hts right dates back to his purchase.
sha ne may thereupon secure United States
patent for his claim.
CROSS LEDGE
revised Statutes. Section 1855:
mnere two or more lodges cross or intersect
eacn other, priority Of title shall govern, and
sucn prior location shall be entitled to all ore
Or mineral contsined within the space Of inter
sscucn. but the subsequent location shall have
sne rieht Of way through the space Of inter
secnon for the purpose Of the convenient
WORKING OF the mine. And where two or more
veins nnite the Oldest or prior location shall
.ske me vein below the point Of union, In
eiuoing AL the space Of Intersection.
TuNNEIs.