Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-10
MISCELLANEOUS.
INFOR
.~...FOR....
OWNERS AND L0cAT0RS
....OF....
MI M ES.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers law once boon filed with the
Register and Receiver they become y part Of
the record, and can neither be Withdrawn nor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 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 nearestthe
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
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 inside by either for n ct portion
Of the claim owned by him but where several
parties own undivided interests in mining
claim all should join In an application for Q
patent.
A person or association may purchase ss
many placer locations - the local law admits,
and embrace them all in one application for 9
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing TO act as Q deputy for the Register and Be
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of o town site
o clause is inserted excepting and excluding
all town property, rights upon the surface.
and ell 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 must be made n only
l 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 elspse between the
frat and last insertions.
Where the Register d esignates the daily issue
| of Q newspaper fer publication of notices of 0
mining application for patent 1t is not 9 com
pliance with law TO change to the weekly edi-
ton OF the same paper without authority Of
| the Register.
The existence Of q salt spring on o 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 is not allowed. Land
containing valuable deposits Of slate may be
1 entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale 9 separate and
| distinct claim against each application which
1t Ia alleged conflicts with The premises owned
l by such adverse
The papers in an adverse claim, once filed.
cannot be Withdrawn, but become s . part OF the
| record.
When an adverse claim has been Hled IL can.
| not be amended so a. to embrace q larger per-
ton OF the premises than that described In the
original adverse claim.
IN 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 to be effective.
| 1t 10 the duty Of the adverse claimant to
autt in proper form within the re-
| CURED time. and IL he trusts lhe uucertAin
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
| the failure to suit be the res 1t Of
l 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
| ing conclusions Of law. without stating the
facts specially. will not be considered In evil
| dsnce.
An adverse claimant should show 9 compli.
ance with the local laws in recording hts claim
and In regard TO expenditures. aud shall nile q
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 ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little. II any value. for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, 1t
should be disposed OF under the Mining Act.
Where lands containing Naluable 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-
posits.
Where valuable deposits of mineral are dis.
covered upon . tract sitter the same ans been
entered as agricultural, but before I ,tent hss
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii 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 an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be re-
ceived in payment for claims.
ALIENS.
dispose OF IL. provided he becomes Q citizen
before dispostng Of the mine. Proof that the
party was not . citizen before disposing Of his
claim must be sffirmatively 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 9 mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration TO become .
citizen his right dates back to his purchase.
aud be may thereupon secure United States
patent for his claim.
CROSS LxDoEs.
Revised Statutes. Section 1850:
Where two or more lodges 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.
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 moro
veins unite the Oldest or prior location shall
take the vein below the point Of union, in.
GLIDING all the space OF intersection.
UNNRLs
There Ia no authority Of law for q tunnel
location 5000 by ], 500 feet. A proper location |