Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-04
Ian
INFOR NATION
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OWNERS AND L0cATORS
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NH II M IL - /.

AfFLACAllON fOH kATkNTs |
Where papers have once been filed with the |
Register and Receiver they become O part Of
The record, aud can neither be Withdrawn nor
returned, but must be transmitted to the Cen
eral Land Office.
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.
S~econd-The notice was not published in q
new paper 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 . suit in Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately define the
boundaries oil the claim.
Where the claim was not located in accord
ance with law.
where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for that portion
OF the claim owned by him; but where several
parties own undivided interests In y mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations as the local Law admits. |
and embrace them all in one application for .
patent.
Two or more lodes cannot DO embraced in
one application for a 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 o town site
q clause 10 inserted excepting and excluding
all town property, rights upon the surface.
.-H all hOnaaa hntldfnUQ atF1rfuraa lnfa
blocks, streets, alleys or other municipal I'M
provementsn not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession aud enjoyment OF the
same"
Publication Of notice must be made q only
| one Newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
| rewspapers 60 days must elapse between the
fret and last insertions.
| Where the Register designates the issue
of @ newspaper for publication OF notices OF Q
| mining application for patent 1t is not q 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 presumption laws. A hearing
| for the purpose of proving the agricultural
| character Of such land IL not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale g separate and
| distinct claim against each application which
1t IL alleged conflicts with The premises owned
| by such adverse Claimant.
The papers In an adverse claim, once hled.
cannot be Withdrawn, but becomes q part OF the
| record.
When an adverse claim has been filed IL can.
| not BIO amended 80 az to embrace n larger per-
| ton OF the promises than that described in the
original adverse claim.
An adverse claim must be made out IN
proper form and hled in the proper local Office
during the period of publication Of the april
| cation for the patent to be effective.
1t is the duty of the adverse lamar to
suit In proper form within the re-
CURED time, and If he trusts ,hs uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the corrupt 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 statements In general terms, embody-
ing conclusions Of law, without stating the
facts specially, Will not be considered Ia evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to ex expenditures. and shall nile u
copy Of the original notice OF his location. and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
are not required to prove that they are the
original locstors or the identical parties who
| present the adverse claim.
AGRICULTURAL OR MINERAL Lands.
Where land is of little, II any value. for agri.
cultural purposes, but Is essential to the
| proper development Of mining claims, 1t
should be disposed of under the Mining Act,
/ Whara lanAa nnntafninn Ua1nAhIa vtaa-.v
deposits have been included In an agricultural
entry, said entry will BIO cancelled ct 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 . tract sitter the samt las been
entered as agricultural, but before ! stent 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
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may mako q mining location and
dispose OF 1t. provided he becomes q citizen
before disposing of the mine. Proof that the
E--S 4AoROgAh VI AAG
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.
The portion Of Q mining claim sold to an
alien cannot be patented while such owner il
an alien; but on his declaration to become Q
citizen his right dates back to his purchase.
mud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled TO all ore
or mineral cont.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 o!dest or prior location shall
take the vein below the point OF union, in
Guiding all the space OF intersection.