Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-27
MISCELLANEOUS.
INFOR
OWNERS AND LOcATORS
....oF....
MI ES
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Whore papers have once been fled 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 and can neither be withdrawn nor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 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 o
newspaper designated as published nearest the
CLAIM.
Third-Record title was found defective,
sad
Fourth-A previous application had been
made for the same premises, which was with
drawn pending . 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 Q mining
claim all should Join in an application for .
patent.
A person or association may purchase ~
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 . patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing 70 set ~ o deputy for the Register and he
ceiver cannot be recorded IS evidences.
In all patents for mining cisims situated
within the interior boundaries OF 9 town site
. clause 10 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 TO the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made q only
one Newspaper for the period Of 20 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and IN daily
newspapers co days must elspse between the
hrst and last insertions.
Where the Register designstes the daily issue
Of Q n wspsper fer publication of notices Of Q
mining application for patent IL 70 not q COM
pliance with Law TO change 70 the weekly edi.
tion Of the same psper without authority Of
the Register.
The existence Of Q salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and prescription laws. A hearing
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 cLArxs.
Adverse claimants must ale o separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled.
cannot be Withdrawn. but becom % 9 part Of the
record.
When IN sdverse claim has been nled ii can
not be amended 30 ~ 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 hled in the proper local Office
during the period Of publication OF the appli-
cstion for the patent 10 be effective.
II 10 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 consequences should the delAy
ensue. through misforiuneo or accident. should
the failure TO commence suit be the res alt OF
the cor upt 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 BIO considered In eyt-
dencs.
An adverse claimant should show Q compli.
~ va tat A0Nst 4 EOS0k4A4A ul8 CAAlM
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.
compose the company 10 sufhcient, and they
are not required TO prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land 10 Of little, II any value, for sert.
cultural purposes, but II essential TO the
proper development Of mining claims, It
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
posts.
Where valuable deposits Of mineral are dis
covered upon . tract after the same aas been
entered 40 agricultural, but before ( asent has
been Issued, the parties claiming the mine
may make application for patent for same,
that portion Of the land embraced By said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issued to an Agricultural claimant. they pass
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF 1t. provided he becomes Q citizen
before dispostng of the mine. Proof that the
party was not . citizen before dfsposing OF his
claim must be afhrmatively shown.
Locators and intermediate owners, other
thar applicants. will not be presumed aliens,
In the absence Of allegation OF objection prior
to issuance Of patent.
The portion OF . mining claim sold TO 40
Alien cannot be patented while such owner is
an alien; bus on his declaration TO become .
citizen bis right dates back 70 his purchase,
aud he may thereupon secure United States
patent for his claim.
Cross LRDaEs.
Revised Statutes. Section 2.a36:
Where two or more lodges cross or intersect
each other. priority OF title shall govern. and
such prior location shall be entitled TO ali ore
or mineral contained within the space of inter.
section. but the subsequent location shsii 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 sutherity of law for a tunnel
location 5000 by 1850 feet. A proper location
Is the width OF the tunnel for 5000 feet.
There 10 no provision OF law for pstenting