Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-05-22
MISCELLANEOUS.
INFOR
.~...FoR....
OWNERS AND L0CATORS
....of....
MI M ES /.
APPLICATION yoa PATENT.

APPLICATION FoR PATEsr.
Where papers have once been filed with the
Register and Receiver they become Q part Of
the record, and eau neither be Withdrawn nor
returned, but must be to the Gea-
eral Land Once.
An application will be rejected when the de-
scrtption Of the premises is erroneous or 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 had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
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.
Where several parties own separate and dis
tlnct portions Of . claim, application for
patent may be made by either for 20 at portion
Of the claim owned by him but where several
parties own undivided interests in Q mining
claim all should join In an application for .
patent.
A person or association may purchase As
A1a RA&StA - &Ao ACC6t INV AL -
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
their boundaries.
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re
ceiver cannot be recorded - evidence.
In all patents for mining claims situated
within the interior boundaries Of Q town site
. clause 10 inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
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 o only
ons 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 destgnates the q ally issue
of 9 newspaper for publication Of notices of Q
mining application for patent ii il not . COM
pliance with law to change TO the weekly edi-
zion of the same paper without authority of
| the Register.
The existence Of 9 salt spring on Q tract OF
land withdraws 1t from the operation Of the
homestead and prescription laws. A hearing
for the purpose OF proving the agricultural
| character Of such land IL not allowed. Land
4 eA181 R1.A "a &41I ~
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
| 10 10 alleged conflicts with the PREMISE owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be Withdrawn, but becomes Q part of the
| record.
When an adverse claim has been filed IT can
not be amended so as to embrace q larger per
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 Off c.
during the period Of publication OF the sppii,
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant 10
| suit In proper form within the re
| quired time, and II he trusts the uncertain
medium of the United States mail he musi
abide the consequences, should the delay
ensus, through misfortune or accident Should
the failure TO ~ suit be the res 1t OF
the cor fupt or dishonest action OF his sttsrney,
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 ia evil
dence.
snce with the local laws tn recording his claim
and in regard TO expenditures. and shall nls q
copy Of the original notice of his location. and
show 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 70 prove that they are tbs
original ~locAtors or the identical parties who
present the adverse claim.
A~oRrcULTuRAL Oh MINERAL LANDS.
Where land is OF little. II any value. for agri
cultural purposes, but 10 essential to the
proper development of mining claims, 4,
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 as 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 o tract sitter the same has been
entered a. agricultural. but before patent has
been issued, the parties claiming the mine
aud the agricultural entry will be csnceled &
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued TO an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be re
eeived In payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF 1t. provided he becomes Q either
before disposing Of the mine. Proof that thu
party was not Q citizen before disposing of hii
claim must be afirmstively shown.
LocatoFs and intermediate owners, othel
than applicants, will not be presumed aliens
In the absence Of allegation or objection priol
to issuance Of pateht.
The portion Of . mining claim sold to al
alien cannot be patented while such owner II
an alien; but on his declaration TO become
citizen his right dates back TO his purchase
and he may thereupon secure United StateI
patent for his claim.
CROSS DGE
Revised Etatutes. Section 2,336:
Where two or more lodges cross or intersec
each other, priority Of title shall govern. and
such prior location shall be entitled to all or
or mineral contained within the space Of inter
section. but the subsequent location shall hsv'
the right Of way through the space OF inter
section for the purpose of the convenien
working Of the mine. And where two or NOR
veins unite the oldest or prior location shall
take the vein below the point Of union. In
cludfng all the spaee Of Intersection.
There is no authority of law for . TUNE