Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-08
MI~SCELLANEOUS.
INEOR NATION
....FoR....
OWNERS AND L0CAT0RS
....oF....
. 1T ELS .

M Lis .
APPLICATION FOR PATENT.
Where papers havs once been filed with the
Register and Receiver they become o part OF
the record, and can neither be- Withdrawn nor
returned, but must be transmitted to the Gen
erAl Land O1ice.
An application will be rejected when the de-
scription Ut the premises IL 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
new spsper designsted as published nearest the
claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises. which was with
drawn pending u 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.
tinct portions of Q claim. application for
patent may be made by either for tn Ut 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 q
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 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-
| caivar cannot bA facordAd "A evidences.
In all patents for mining claims situated
within the interior boundaries OF Q town site
g clause Is ins erted excepting and excluding
all town property, rights upon the ~suvfsce,
and ali 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 co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers go days must elspse between the
ar.t and last insertions.
Where the Register designAtes the d ally issue
OF s'newspspcr for publication of notices OF .
mining application for patent it 10 not 9 COM
pliance with Law to change TO the weekly edi-
uon of the same paper without authority Of
the Register.
The existence of 9 salt spring on 9 tract Of
land withdrsws 1t from the operation Of the
homestead and presumption 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
It lie alleged conflicts with the premises owned
By such adverse iaimant
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 IL 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 flied in the proper local Office
cation for the patent to be effective.
1, is the duty Of the adverse claimant TO
commence suit in proper form within the re-
CURED time. and II he trusts the uncertain
medium Of the United States mail he must
abide the consequence, should the delay
ensue, through misfortune or accident. Should
the failure u commence suit be the resalt Of
the corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
An sdyerse 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. viii not be considered In EVIL
dence.
An adverse claimant should show . compli-
snce with the local laws in recording hts claim
and in regard to expenditures. and shall ME .
copy Of the original notice Of his location, and
show the nature or extent of the conflict
alleged.
An allegation Of parties TO 9 suit that they
compose the company 10 sufhcient, 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 LASps
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 81 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 after the same has been
en- tered Is agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
acd the agricultural entry Will be cancelled to
hat portion of the land embraced by said
mining claim.
where mineral deposits are discovered on
agricultural lands sitter the patent has been
issued to an agricultural claimant. they pass
With the patent.
Agricultural College scrip cannot be re-
-se3 u psymont ior ciAims.
III ALIENS.
A foreigner may make q mining location and
dispose OF II. provided he becomes . citizen
before disposing Of the mine. Proof that the
party vAs not . citizen before disposing Of his
claim must be afirmstively shown.
Loeators and intermediate owners, other
thAn applicants. will not be presumed aliens.
II The absence 81 allegation or objection prior
. issuance Of patent.
The portion Of . mining claim sold 10 an
alien cannot be patented while such owner =
An alien: but on hts declaration to become Q
eattzen his right dates back to his purchase,
ane be may thereupon secure United States
Passnt for his claim.
II cRoss LgD0Es.
Revised Statutes. Section 1855:
Where two or more lodges cross or interseet
eAeA ether. priority OF title shall govern, and
saen prior location shall be entitled to ell ere
o. niaeral contained within the space OF inter.
seton, but the subsequent location shall have
ne night Of way through the space Of inter
seenon for the purpose Of the convenient
Sorking Of the mine. And where tive or more
reaHs unite the oldest or prior location shall
nks TIE vein below the point OF union, In
eia1ing all the space Of Intersection.