Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-04
MISCELLANEOUS,
APPLICATION FOR PATENT.

returned, but must be transmitted to the Gen
ersl 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: |
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 o 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.
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 . mining
claim all should join In an application for y
patent,
A person or association may purchase 90
many placer locations ss the local law admits,
| and embrace them ell In one application for Q
patent.
Two or more lodes cannot be 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 Be
ceiver cannot be recorded as evidences.
| In all patents for mining claims situated
/ within the interior boundaries OF Q town site
o clause Is int 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 ali rights necessary or proper to the
occupation, possession ana enjoyment OF the
same"
publication of notice must be made o only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks. in weekly newspaper. and in daily
newspapers go days must elapse between the
frat and last insertions.
Where the Register designstes the Tally issue
of 9 newspaper for publication Of notices of Q
mining application for patent 1t Is not = COM
pliance with law 10 change TO the weekly edi-
uon of the same paper without authority Of
the Register.
The existence OF a salt spring on Q tract of
land withdrsws 1t from the operation Of the
for the purpose of proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse mi must file Q separate and
distinct claim against each application which
It 10 alleged conficts with the PREMISE owned
by such adverse claimant.
The papers IN an adverse claim, once fled.
cannot be withdrawn, but becomes Q part Of the
record.
When an adverse claim has been filed IL can
not be amended 30 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 nled In the proper local office
during the period Of publication OF the appli-
cation for the patent to be effective.
1t is the duty Of the adverse claimant to
1 Ar, ~ a.rft 10 wanA. 80 k8ikh4v The a
quired time. and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misforiune or accident. Should
the failure to commence suit be the res 1t of
the cor rupt 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 evi-
dence.
An adverse claimant should show 9 compli-
ance with the local laws In recording his claim
and in regard to expenditures. and shall nile q
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 is 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 to the
proper development Of mining claims, II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agrie ultural
entry, said entry will be cancelled at 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 after the same aas been
entered as agricultural, but before l Itent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
that portion Of the land embraced by said
mining claim.
whore 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 make Q mining location and
dispose Of 1t. 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 OF objection prior
The portion Of o mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration to become 9
citizen his right dates back to his purchase,
aud he may thereupon secure United States
| patent for his claim.
/ GROSS LEDaKs.
Revised Statutes. Section 2.336.
| 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 contained 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
Guiding all the space of intersection.
TUNNELS.
There 10 no authority of law for q tunnel
location 5000 by 800 feet. A proper location |
10 the width of the tunnel for 5000 feet.
There 10 no provision OF law for ~patenting |
tunnel locations, but lodes discovered In run
ming q tunnel may be patented In like manner
az other lodes. |
The right Is granted TO tunnel owners to
I En0 faaf nf aach hind InHa pak Uvavf0nalv \