Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-12
MISCELLANEOUS.
INFOR
....foB...
OWNERS AND LOcAT0RS
....oR....
MI IL q
APPLIcATIos ron pArESr.

Where papers have once been filed with the
Register and Receiver they become q part Of
tne record, and can neither be Withdrawn nor
returned, but must be transmitted to the GEN.
ersl 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 AZ 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 penifng b suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tho
boundaries OF the claim.
Where the claim was not located In sccord-
ance with law.
Where several parties own separate and dis
.inct portions " 9 claim. application for
patent may be made by either for tant portion
VI the claim owned by him. but where several
parties wi undivided Interests III Q mining
claim all should join In an application for Q
patent.
A person or association may purchase IS
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 70 set as = deputy for the Register and Be
ceiver cannot be recorded - evidence.
In sl patents for mining claims situated
within the interior bounA kries OF 0 town site
o clause fs inserted "exeeraUg and excluding
sl town property, rights upon the surface,
All Ill hnraA. haNua a.
blocks, streets. alleys or other municipal inn
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 a ouly
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspaper co days must slspse between the
frat and last insertions.
Where the Register designates the daily issue
Of q newspaper for publication Of notices of .
mining application for patent IL 10 not Q conn
plisnee with law TO change 10 the weekly edi-
zion Of the same paper without suthority Of
the Register.
The existence OF . salt spring on . 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 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 c~onfIcts 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 fled 1t can.
not be amended SO a. to embrace q larger per.
ton OF the premises than that described in the
original adverse clsim.
IN adverse claim must be made out In
proper form and filed In the proper local ofico
during the period OF publication Of the appli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant to
commence suit In proper form within the re-
quired time, and II he trusts the uncertain
medium Of the United States mail be must
abide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure to suit be the resalt OF
the cor rupt or dishonest action Of his attorney.
the Interior Department csnnot 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, einbody-
ing conclusions Of law, without stating the
facts specially, Will not be considered Ia evil
dsnce.
An adverse claimant should show 9 compli.
ance with the local laws in recording his claim
and In regard 10 expenditures. and shall nile q
SOpy VI tuc Orlkiuhi uOtiCc VI nls iOCttiuns anu
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 to prove that they are the
original locators or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. II any value. for aeri-
cultural purposes, but 10 essential 10 the
proper development OF mining claims, Il
should be disposed Of under the Mining Act.
Who're lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled st 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 a tract sitter the same aas been
entered A. 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
issned to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot DO re-
ceived In payment for claims.
ALrKss.
A foreigner may make Q mining location and
usspooo VI is proVtoeu no becomes q Citizen
before disposing Of the mine. Proof that the
party was not . citizen before disposing u his
claim must be afiirmatively 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 10 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.
aud he may thereupon secure United States
patent for his claim.
Cross LRDGxs.
Revived Statutes. Section 1856:
Where two or more lodges cross or intersect
each other. priority Of title shall govern, and
such prior location shall be entitled 10 eli ore
or mineral contained within the space of inter.
section. but tho subsequent location shall have
the right Of way through the space of inter-
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 veto below the point OF union. In
GLIDING all the space Of intersection.
TUNNELS.
There 10 no authority Of law for Q tunnel
a n - EAA