Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-19
ISCELLANEOUs
lNFOR
....FOR....
OWNERS AND L0CATORS
....of....
MI i NES.
APPLICATION FOR PATENT.

8OR EAIENTs
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the record, and can neither be withdrawn nor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 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 .
new paper 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 Q 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 TIA at 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 y
patent.
many placer locations - the local law admits.
and embrace them al 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 loaes within
their boundaries.
Papers sworn to before any person purport-
ing to act a. . deputy for the Register and Re
ceiver cannot be recorded 81 evidence.
In all patents for mining claims situated
within tie interior boundaries Of town site
o clause Is inserted excepting and excluding
all town property. rights upon the surface.
and all houses. buildings. structures. lots,
blocks, streets, alleys or other municipal Inn
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 10 n be made q 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 elspse between she
first and last insertions.
Where the Register designstes the daily issue
Of . lie wspaper for publication Of notices Of .
mining application for patent 1t 10 not Q com
pliAnce With law to change to the weekly edi.
tion OF the same paper without authority Of
the Register.
The existence OF 8 salt spring on 9 tract OF
land withdrAws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land ts not allowed. Land
containing valuable deposits OF slate may be
1 0AocA "A al ANss
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers in an adverse claim. once filed,
cannot be Withdrawn, but becomes 3 part OF the
record.
When an adverse claim has been fled II can.
not be amended SO as to embrace a larger per.
ton of the premises than thst described in the
original adverse claim.
An adverse claim must be made out in
proper form and hied in the proper local Office
during the period OF publication Of the sppli.
cation for the patent to be effective.
1t is the duty Of the adverse claimant 10
commence suit In proper form within the re-
quired time. and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the resalt OF
the cor rupt or dishonest action of his stterney,
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 ia evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall ole Q
NORy Va tAO AtbAdo ~ w LIE AONntAOlY Blu
show the nature or extent of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company IL suftclent. and they
original ~locators or the identical parties who
present the adverse claim.
~RIcULrURA on MINERAL LANDS.
Where land is OF little. II any value, for agri.
cultural purposes, but 10 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 at any time
prior to issuance of patent. upon satisfactory
evidence Of the existence OF such valusble de-
posits.
Where valuable deposits of mineral are dis
covered upon o tract sitter the same aas been
entered as agricultural, but before I stent has
been issued, the parties claiming tbs mine
may make application for patent for same,
and the agricultural entry will be cancelled to
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 IN AGRICULTURAL claimant. they pass
with the patent.
Agricultural College scrip cannot DO 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 a citizen before disposing Of his
claim must be afirmAtively shown.
Locstors and intermediate owners, other
than applicants. win not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion Of Q mining claim sold to an
alien cannot be patented while such owner is
an alien; but on HIS declaration to become .
citizen his right datcs back to his purchase,
aud he may thereupon secure United States
patent for his claim.
GROSS EDGES.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersect
zach other. priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined 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.
GLIDING all the space Of intersection.
TUNNELS.
There Ia no authority Of law for a tunnel