Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-01
MISCELLANEOUS.
INFORM
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OWNERS AND LOcATORS
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MI i M E - /.
APPLICATION FOR PATENT,

Register and receiver they become . part of
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen.
eral Land Office.
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 q
newspaper designated a. 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
An application for patent will BIO rejected
when the survey does not accur stely define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
whe several parties own separate and dis
tinct portions Of . claim. application Tor
patent may be made by either for hat portion
OF the claim owned by him but where several
parties own undivided interests In . mining
clsim all should join In an application for d
patent.
A person or association may purchase as
many placer locations a. the local law admits.
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced 10
one application for o patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to set as o deputy for the Register and Re
ceiver cannot be recorded as evidences.
III all patents for mining claims situsted
within the interior boundaries of y town site
Q clause Is ina erted "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 tho 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 GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers GO days must eiapse between the
fret and last insertions.
Where the Register d esignates thedaiiy issue
Of o newspaper fer publication of notices vf .
mining application for patent IL Is Lot . COM
pliance with law to change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence Of q salt spring on Q tract of
land withdrAws 1t from the operation II the
homestead and presumption laws. A hearing
for the purpose OF proving the sgricultural
character Of such land IL not allowed Land
containing valuable deposits of slate may be
entered under the mining Acts.
Adverse CLAIMS.
AuNeTbt ClAImhute must ME . separate anu
distinct claim against each application which
1t 10 alleged conflicts with lhe premises owned
by such adverse
The papers In an adverse claim, once died
cannot be withdrawn. but become % q part Of the
record.
When an adverse claim has been filed IL can.
not be amended 30 a. to embrace q larger per-
tion 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 oflce
during the period Of public alton of the appli-
cation for the patent to be effective.
IL 10 the duty Of the adverse claimant 20
commence suit In proper form within the re-
quired time, and IL he trusts ths Uncertain
medium of the Quilted States mail he must
abide the consequences. should the delay
ensue. through misfor sune or accident. Should
the failure to suit be the resait Of
the cor rupt or dishonest action 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 adverse
claim. A statement In general terms, embody-
ing conclusions Of law. without stating the
facts specially, Will not be considered ia evi.
dsnce.
An adverse claimant should show q compIi.
ance with the local laws In recording his claim
and In regard 70 expenditures. and shall nile g
copy OF tho original notice Of his location, and
show the nature OF extent of the conflict
alleged.
An allegation of parties 10 Q suit that they
compose the company 10 sufficient. and they
are not required to prove that they are til.
original locAtors or the Identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land Ia Of little. II any value. for sgri.
proper development Of mining claims, II
should be disposed of under the Mining Act,
where lands containing valuable mineral
deposits have been included In an agricultural
II nfE an14 a. III -
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 Q tract sitter the same 1ss been
en- tered as agricultural, bat before l xent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry viii be cancelled 90
mat 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, thoy pass
with the patent.
Agricultural College scrip cannot be 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 9 citizen before disposing Of his
claim must be sfirmatively 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 Q mining claim sold 10 an
alien cannot be patented while such owner is
an alien; but on his declaration to become .
citizen his right dates back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LRDaEs.
Revised Statutes. Section 1855:
Where two or more led ges cross or iptersect
each other, priority Of title shall govern .sspd
such prior location shall be entitled 10 ali ore
or mineral contsined within the space of inter.
sscuon 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 veto below the point Of union. In.
GLIDING all the space of intersection.
TUNNELS.
There Ia no authority Of law for 4 tunnel
location 5000 By 1900 feet. A proper location |
IL the width OF the tunnel for 5000 feet.
There 10 no provision OF Law for patenting |
tunnel locations. but lodes discovered In run
mig . tunnel may DO patented In like manner
a. other lodes.
The right IL granted 10 tunnel owners to |
100 feet Of each Hind lnda moi u.aviouaIv |