Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-07
MISCELLANEOUS
INEOR
.~...FoR....
OWNERS AND L0CAT0RS
....OF....
MI III ES :
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Office.
An application viii 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
new paper designated as published n~earestth the
claim.
Thlrd-Record title was found defective,
and
Fourth-A previous application had been
made for the SAINT premises, which was with
drawn pending q 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 wi separate and dis
tinct portions Of o claim, application Tor
pAteat may be made by either for Ia at portion
Of the claim owned by him; but where several
parties own undivided interests in q mining
| claim all should join in al application for .
patent.
person or association may purchase 40
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 iodes within
their boundaries.
Papers sworn 10 before any person purport-
ing to act Is q deputy for the Register and Re-
ceiver cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries OF 8 town site
. clsuse is inserted 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 all rights necessary or proper 70 the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made o only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and in daily
i newspapers 60 days must elspse between the
4 frst and last insertions.
where the Register designstes the daily issue
of q ne wspsper fer publication Of notices Of q
mining application for patent ii is not q COM
pliAnce with law to change TO the weekly edi-
lion Of the same paper without authority Of
the Register.
The existence OF . salt spring on . tract Of
land withdrAws 1t from the operation of the
homestead snd 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
1t Ia alleged conflicts with the premises owned
BY such adverse claimant
The papers In an adverse claim. once filed
cannot be withdrawn, but becomes a part Of the
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace g 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 filed in the proper local office
during the period of publication OF the Appli-
cation for the patent 10 be effective.
Ii IS the duty of the adverse aimsn TO
commence sHit IN proper form within the re-
CURED time, and If be 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 u commence 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
I claim. A statement in general terms, embody-
/ ing conclusions OF law, without stating the
facts specially, will not be considered In evil
deRce.
An adverse claimant should show a compli-
snee with the local laws In recording hts claim
and inregsrd 10 expenditures aud 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 8 suit that they
compose the company 10 sufficient, and they
sre not required TO prove that they are the
originsl ~loestors or the identical parties who
present the adverse claim.
A~GRIcULrURAL OR MINERAL LANDS.
Where land is Of little. If any value, for sgri-
cultural purposes, but is essential to the
proper development Of mining claims. it
should be disposed of under the Mining Act.
Where lsDds containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled at 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 3 tract sitter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
and the agricultural entry win be cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural isnds after the patent has been
issued TO an agricultural claimant. they psss
with the patent.
Agricultural College scrip cannot be re-
eetved in payment for claims.
ALIENS.
foreigner may make 3 mining location and
dispose Of it. provided he becomes 9 citizen
before disposiDg OF the mine. Proof that the
party was not = citizen before disposing Of his
claim must be afirmstiyely shown.
Loestors and intermediate owners, other
than applicants. will not be presumed aliens.
IN The absence If allegation or objection prior
70 issuance Of patent.
The portion Of 8 mining claim sold to an
alien cannot be patented while such owner 10
an alien; but on his declaration to become .
citzen his right dates back to his purchase,
and be may thereupon secure United States
patent Tor his claim.
CROSS LEDGEs.
Revised Statutes. Section 1885:
where two or more lodges cross or intersect
each other, priority Of title shall govern, and
sueh prior location shall be entitled TO all ore
or mineral contained within the space of inter-
sseuon, but the subsequent location shall have
me reht Of way through the space of inter
section Tor the purpose Of the convenient
WORKING OF the mine. And where two or more
veins unite the Oldest or prior location shall
axe TIE vein below the point OF union, In
Guiding all the space Of intersection.
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