Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-12
MISCELLANEOUS.
INFOR
....FoR....
OWNERS AND L0CAT0RS
..-.oP....
i M ELS.
APPLICATION FoR PATENT.

APPLICATION FoB PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part OF
the record, and can neither be withdrawn nsr
returned, bus must be transmitted to the Cen
erAl Land Once.
An application will be rejected when the de-
scription Of the premises is erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
F1rst The notice Was published without the
knowledge Of the Register.
~Second-The notice was not published in q
new p designated as published nearesttne
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 Goes 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
tinet portions Of q claim, application for
patent may be made by either for tn at portion
Of the claim owned by him: but where several
parties own undivided interests in . 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 8
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing to act as 8 deputy for the Register and Re
ceiver cannot be recorded IS evidence.
/ In all patents for mining claims situated
| within the interior boundaries OF Q town site
o clause is In erted 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 GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elspse between the
| fret and last insertions.
Where the Register designstes the daily issue
of g newspaper for publication of notices of 9
mining application for patent ii is not . COM
pliAnce with law TO change to the weekly edi-
ton Of the same paper without authority Of
| the Register.
The existence Of q salt spring on Q tract Of
land withdrsws it from the operation Of the
homestead and pre-emption laws. A hearing
for the purpose of proving the agricultural
| character Of such lsnd is not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 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 fled,
cannot be Withdrawn, but becomes . part Of the
record.
When an adverse claim has been filed 1t can
not be amended 50 as 10 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 Office
during the period of publication Of the sppli-
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant TO
commence suit in proper form within the re-
quired time, and If he trusts the uncertain
medium Of the United States mail he must
sbide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the corrupto or dishonest action Of his attorney,
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 in evil
dence.
An adverse claimant should show q compli.
ance with the local laws in recording hts claim
and in regard TO expenditures, and shall nile a
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to a suit that they
| compose the company il 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 agri-
cultural purposes, but is essential TO the
proper development Of mining claims, il
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 a. 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 same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
and the agricultural entry will be Cancelled 70
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 be re-
eeived In payment for claims.
ALIENS.
A foreigner may make n miniag location and
dispose OF II. provided he becomes q citizen
before disposing of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afirmatively 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.
The portion Of q mining claim sold TO an
alien cannot be patented while such owner Ia
an alien; but on his declaration to become q
citizen his right dates back to his purchase.
and he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1885,:
Where two or more lodges cross or fntersect
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 unite the Oldest or prior location shall
take the vein below the point OF union. In
eiuoing all the space Of intersection.
TUNNELS.
There is no authority of law for a tunnel
location 5000 by 1. BOO feet. A proper location