Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-16
MISCELLANEOUS
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
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the record, and can neither be withdrawn nor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 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 the
knowledge Of the Register.
Second-The notice was not published in q
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 q suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does mot accurately define the
boundaries OF the claim.
Where tho claim was net located In accord
ance with law.
Where several parties own separate and dis
tinct portions Of 0 claim. application for
patent may be made by either for tns 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 .
| patent.
A person or association may purchase as
| many placer locations as the local law admits,
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced In
one application for q 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-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
. clause Is inf erted excepting and excluding
oil town property, rights upon the surface,
i and ALI lOnRea. hufldfuQa. structural lnta
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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In daily
newspapers co days must elspse between the
frat and last insertions.
Whore the Register d esignates the d ally issue
Of q newspaper for publication Of notices Of .
mining application for patent 1t is not . COM
pltance with law 10 change TO the weekly edi-
ton Of the same paper without authority Of
the Register.
Tho existence of 8 salt spring on . tract of
land withdraws tt from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land ia not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must flo Q separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed.
cannot be Withdrawn. but becomes 3 part Of the
record.
When an adverse claim has been filed 81 can
not be amended so as to embrace Q larger per
ton OF the promises than that described In the
original adverse claim.
An a1yaraA claim nuat ha nnaHa ont I'm
proper form and hled In the proper local Office
during the period OF publication OF the appli.
cation for the patent 10 be effective.
II is the duty OF the adverse claimant 10
commence 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
ensue. through misfortune or accident. Should
the failure to commence suit be the result OF
the cor rupt or dishonest action OF his stterney.
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, Will not be considered 10 EVIL
dence.
An adverse claimant should show 9 compli-
Ance with the local laws In recording hts claim
and In regard to expenditures. aud shall nile .
copy OF the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties TO . snit that they
ompose the company 10 sufficient. 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 LAEDg.
Where land 10 Of little. II any value, for agri.
cultural purposes. but 10 essential to the
proper development Of mining claims. IL
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
Il Aanoatka h.va ha.. -olxxNn d. - ..luA---t
entry, said entry will be cancelled 81 any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence Of such valuable de-
posts.
covered upon . tract after the same ias been
entered as agricultural, bat before slent 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.
Where mineral deposits are discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be re.
ceived In payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF 1t. provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not o citizen before disposing Of his
claim must be afirmativeIy shown
LocatOrs and intermediate owners. other
than applicants. will not be presumed aliens.
In the sbssnce Of allegation or objection prior
to issuance Of patent.
The portion Of . mining claim sold to an
alien cannot be patented while such owner IL
an alien; but ON his declaration 70 become Q
citizon his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LRDGE
| Ravfaad akafutax aanttoc n aQn,
Where two or more led ges cross or intersect
each other. priority Of title shall govern, and
such prior location shall be entitled 10 all ore
or mineral eont.ined 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 unite the oldest or prior location shall
take the vein below the point Of union. IN
GLIDING all the space Of intersection.
TUNNELS.
There is no authority Of law for Q tunnel
lAnaklN, q Onn ~ 4 H0n 80 1900 -A.Ax-s