Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-26
MISCELLANEOUS.
APPLICATION ZOE pArENr.

APPLICATION FOB PATENT.
Where papers have once been fled with the
| Register and Receiver they become Q part OF
/ the record, aud can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
An application viii be rejected when the de
scription Of the premises is erroneous or In
| sufficient.
Application for patent will be rejected be-
First The notice was published without the
| knowledge Of the Register.
second-The notice was not published in .
new paper designated a. published nearest the
Tnird-Record title was found defective,
and
made for the same premises, which was with
J drawn pending Q suit in Court commenced by
l the adverse claimant.
An application for pstent will be rejected
| when the survey does not accurately dehne the
| boundaries Of the claim.
Where the claim was not located In accord
| ance with law.
where several parties " separate and dis
| tfnct portions Of = claim. application for
patent may be made by either for thst portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim sll should join In an application for .
patent.
many placer locations a. the local Law sdmits.
and embrsce them all in one application for .
patent.
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-
ting 70 act Is . deputy for the Register and Re
eeiyer cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
. clause Is ins erted excepting and exeiuding
all town property, rights upon the surface.
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal Inn
provsments not belonging to the grantee here
in, and all rights Necessary or proper 70 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 newspapers. and in daily
newspapers 20 days must elspse between the
frat and last insertions.
where the Register designstes b daily Issue
Of . newspaper for publication Of notices of 9
mining application for patent 1t 10 not . com
pliAnce With Law TO change 70 the weekly ed.
ton Of he same paper without authority Of
the Regisser.
The existence Of Q salt spring on . tract Of
land withdrsvs 1t from the operation Of the
homestead and presumption laws. A hearing
character Of such land ID not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale O separate and
dissinct claim against each application which
IL is alleged conAicts with the premises owned
By such sdverse claimant.
The papers IN an adverse claim. once hled,
eAnnot be Withdrawn, but becomes . part Of the
record.
when an adverse claim has been hled IL can
not be amended so as 70 embrace 3 larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and flied in the proper local office
Turing the period Of publication OF the appli-
cation for the patent 10 be effective.
II Is the duty OF the adverse claimant to
commence suit in proper form within the re-
q1ired time, and IL be trusts ths uncerfsin
medium Of the United States mail he must
ensae, through misfortune or accident should
the failure o. commences suit be the result Of
the corruption dishonest action OF his attorney.
the Interior Department cannot redress the
wrong,
Al sdverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, emb0dy-
ing conclusions Of law without stating the
facts specially. VIII not be considered 10 evil
dence.
An adverse claimant should show q eompii-
Ance with the local laws IA recording his claim
and In regard TO expenditures, and shall ale .
copy Of the original notice OF HIS location, and
shcw the nature or extent OF the conflict
alleged.
An allegation Of parties TO . 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 Oh MINERAL LANDS.
Where land is Of little, If any value, for sgri-
cultural purposes. but is essential to the
proper development OF mining claims. It
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, ssid entry will be cancelled - any time
prior 70 issuance OF patent, upon satisfactory
evidence Of the existence Of such valuable de-
posits.
where valuable deposits Of mineral sre dis
covered upon 8 tract sitter 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 viii 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
issned 10 an agricultural claimant, they pass
With the patent.
Agricultural College scrip cannot be re-
eetvsd in payment for claims.
ALKSs.
foreigner may make q mining location and
aispose OF IL. provided ne becomes Q citizen
before disposing Of the mine. Proof that the
party was not . citizen before disposing Of his
claim must be Afirmstively 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.
Tbs portion of Q mining claim sold 10 AZ
alien cannot be patented while such owner il
an allen; but on his declaration to become q
eittzsn his right dates back 20 his purchase
and he may thereupon secure United States
patent for his claim.
CROSS Lodges.
VI Revised Statutes. Section 2,33e:
Where two OF more lodges cross or ~interseei
each other, priority OF title shall govern, and
such prior location shall be entitled TO all ore
or mineral eontsined within the space OF inter
section. but the subsequent location shall have
me night 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 halow the mint az unfou. in