Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-23
MISCELLANEOUS.
INFOR NATION
.~...FoR....
OWNERS AND L0cATORS
o..
M T. I.
APPLICATION ron PATENT.

APPLICATION ron PATENT,
Where papers have once been filed with the
Register and Receiver they become q part Of
the record, and can neither be withdrawn nor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 Is erroneous or In
| sufficient.
Application for patent will be rejected be-
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 pending . suit in Court commenced by
the adverse
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 9 claim, application for
patent may be made by either for ths 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 9
patent.
many placer locations ~ 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 u patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn TO before any person purport-
ing 10 act as q deputy for the Register and Re-
ceiver cannot be recorded rs evidence.
In all patents for mining claims situated
within the interior boundaries Of Q town site
. clause is ins erted excepting and extending
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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elApse between the
fret and last insertions.
Il Where the Register d esignates thu daily Issue
Of g newspaper for publication of notices Of &
mining application for patent IL 10 not . com
: pliance with Law to change TO the weekly ed
ton Of the same paper without authority OF
the Register.
The existence OF 9 salt spring on . tract Of
land withdrAws 1t from the operation Of th'
homestead and presumption laws. A hsarinl
for the purpose of proving the sgriculturA
character Of such land 10 not allowed. Lanf
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale . separate anG
distinct claim against each application which
1t 10 alleged conflicts with the premises owneS
/, by such adverse claimant
The papers in an adverse claim, once hled
cannot be withdrawn, but becomes . part Of tn
: record.
q When an adverse claim has been fled It can
1 not be amended so as TO embrace q larger per
/. ton OF the premises than that described In tn
original adverse claim.
v An adverse claim must be made ont IL
proper form and hled In the proper local OH c.
during the period OF publication of the appn
cation for the patent 20 be effective.
II 10 the duty Of the adverse claimant Il
commence suit In proper form within the re
= quired time. and IL he trusts the uncertain
medium OF the United States mail he mus
abide the consequences should the delay
ensue, through misfortune or accident. Should
the failure 10 commence suit be the result Of
the corrupt or dishonest action of his attorney
the Interior Department cannot redress tht
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases his adverse
> claim. A statement In ger ersl terms, embody
ing conclusions OF law, without stating the
facts specially. will not be considered In eyi.
dence.
An adverse claimant should show a compli.
ance with the local laws In recording his claim
and In regard 70 expenditures, and shall hle q
copy Of the original notice Of his location, and
show the nature or extent OF the confie,
alleged.
5 An allegation Of parties to a suit that the,
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.
J AGRICULTURAL Oh MINERAL LANDS.
Il Where land is Of little. If any value. for agri
cultural purposes, but 10 essential to the
proper development Of mining claims, 4,
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.
posts.
Where valuable deposits Of mineral are dis.
covered upon Q tract after the same ass been
entered as agricultural, brit before I ptent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled "a
that portion Of the land embraced By said
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.
Il ALIENS.
foreigner may make q mining location and
dispose Of tt. provided he becomes Q citizen
before disposing of the mine. Proof that the
party was not o 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 . mining claim sold to an
alien cannot be patented while such owner ID
an alien; but on his declaration 10 become Z
citizen bis right dates back TO his purchase,
aud he may thereupon secure United States
patent for his claim.
GROSS LRDGKs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. ana
such prior location shall be entitled to ali 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
L lOcAkfon q 000 nv 4 H0 faaf n.ona- o.Aa~.