Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-14
MISCELLANEOUS.
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OWNERS AND L0CAT0RS
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APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part OF
the record. aud can neither be Withdrawn nor
returned. but must be to the Gen.
eral 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 .
new paper designated as published nearestth 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 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 tn at portion
Of thu claim owned by him: but where several
parties own undivided interests in o mining
claim all should join in an application for .
patent.
A person or association may purchase a.
many placer locations as the local Law admits.
and embrace them all In one application for .
| 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 as . deputy for the Register and Re
| ceiyer cannot be recorded as evidence.
In all patents for mining claims situsted
within the interior boundaries Of . town site
. clause Is inserted "exceptfng and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
proyenentsn not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Pubnestion Of notice must be made q only
one newspaper for the period OF 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
first and last insertions.
where the Register designstes the daily issue
Of . newspaper for publication Of notices Of .
mining application for patent it is lot . com
pliAnee with law to change to the weekly edi-
lion Of the same paper without authority CT
the Register.
The existence Of . salt spring on 9 tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the sgricuitura!
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 8 separate and
distinct claim against each application which
it is alleged conflicts with The premises owned
By such sdverse claimant.
The papers in an adverse claim. once fled,
cannot be Withdrawn. but becomes . part Of the
record.
when an adverse claim has been filed II can
not be amended so as to embrace 5 larger per-
ton Of the premises than thai described in the
/ original adverse claim.
An adverse claim must be made out in
| proper form and filed in the proper local cFlee
during the period Of publication Of the sppli-
cation for the patent 10 be effective.
II Is the duty Of the adverse claimant 10
commence suit in proper form within the re-
CURED tine, and II he trusts the uncertain
medium 81 the United States mail he mnss
abide the Consequences, should the delay
ensue. through misfortune or accident. Should
tie failure T. commence suit be the result Of
the cor II t or dishonest sction Of his attorney.
the Interior Department cannot redress the
wrong.
An sdverse claimant should set forth in de-
tail the facts upon which he bases his sdverse
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 nle q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to q suit that they
compose the compsny 10 SUFFICIENT. and they
are not required to prove that they are tbs
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is of little, If any value, for agri-
Frtfnra1 nnrpnNaA hrf Ia ARaRnfial 20 eAA
proper development of mining claims, IL
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
Pricr TO issuance Of patent. upon satisfactory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon 9 tract sfter the sane has been
entered a. agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
and the Agricultural entry viii be cancelled to
list portion Of the land embraced by said
mining claim.
Where mineral deposlts 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.
\ foreigner may MAKE . mining location and
dispose OF 1t. provided he becomes q citizen
before dispensing Of the mine. Proof that the
party was not 9 citizen before disposing Of his
claim must be Afirmatvely shown.
LocAtors and intermediate owners, other
than applicants, will not be presumed aliens,
N TIE absence u allegation or objection prior
70 issuance Of patent.
The portion Of . mining claim sold 10 an
aiien cannot be patented while such owner .s
an alien; bat on his declaration 10 become Q
citizen his right dates back 20 his purchase,
&na be may thereapon secure United States
patent for his claim.
CROSS LEDGE
Revised Statutes Section 2,S36;
Where two or more hedges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral confined within the space of inter
s.cuon, but the subsequent location shall have
the right Of way through the space of inter
section for the purpose Of the convenient
working o. the mine. And where two or more
Neins unite the oldest or prior location ahAii
take the vein below the point Of union, in
ending all the space Of intersection.