Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-12
MISCELLANEOUS.
INFOR MATIO
.~...FoR....
OWNERS AND L0CAT0RS
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MI i III ELS.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
but must be to the uen-
eral Land Once.
An application will be rejected when the de-
of the premises is erroneous or In
application for patent will be rejected be-
cause: -.
First The notice was published without the
knowledge of the Register.
S~econd-The notice was not published IN Q
new paper designated as published nearesttne
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 py
the adverse claim ant |
An application for patent will be re)ecteo
when the survey does not accurately defne 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 9 claim, application for
patent may be made by either for tn 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 q
patent.
A person or association MAJ purchase AZ
many placer locations as 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 a patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded 80 evidence.
In all patents for mining claims situated
within the 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 I'M
proyements not belonging to the grantee here
In, and all rights necessary or roper 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 60 days must elspse between the
first and last insertions.
where the Register designstes the dsfly issue
Of Q newspaper fer publication OF notices Of .
mining application for patent 1t Is not . com
plisnce with law to change to the weekly edi-
ion of the same paper without authority OF
the Register.
The existence Of q 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 is not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file & separate and
distinct claim against each application which
IL is alleged conflicts with the premises owned
by such adverse claimant.
The paper in an adverse claim, once filed.
cannot be Withdrawn, but becomes . part OF the
record.
- - a.
not be amended so as to embrace a larger per-
tion OF the premises than thst described in the
original adverse claim.
An adverse claim must be made out In
proper form and filed 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 TO
commence suit ia proper form WITHIN the re-
CURED time, and If he trusts ths uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure t. suit be the res Ii Of
the corsupto 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 in evil
dence.
An ADVERSE ciAlman snOuiQ snow Q compile
Ance with the local laws In recording his claim
and in regard to expenditures. and shall nile 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 company 10 sufficient, and they
are not required TO prove that they are the
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-
cultural purposes, but Is essential TO the
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 st 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 3 tract sfter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
ana the agricultural entry will be cancelled 30
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 On agricultural claimant, they 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 it. provided he becomes q citizen
before disposing Of the mine. Proof that the
party was not a citizen before dispostng Of his
claim must be afirmatively 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 to an
alien cannot be patented while such owner is
an alien: but on his declaration to become .
citizen bis right dates back TO his purchase.
and he may t~hereupon secure United States
patent for his claim.
CROSS ED0Es
Revised Statutes. Section 2,336:
Where two or more led dyes cross or tntersect
each 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
AXE the vein below the point OF union, In
Guiding all tho space of intersection.
N
There Ia no authority OF law for q tunnel
location 5000 by I, 800 feet. A proper location
Is the width Of the tunnel for 5000 feet.
There IL no provtsion OF law for patenting