Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-03
MISCELLANEOUS.
INFOR
.~...FoR....
OWNERS AND LOCATORS
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MI M ES.
APPLICATION FOR PATENT,

AffLAOAIlON fOR PATENT.
Where papers have once been fled with the
Register and Receiver they become Q 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the record, and can neither be withdrawn nor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 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 q
new spAper designsted AZ published nearest the
claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same promises, 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 . claim. application for
patent may be made by either for net portion
OF the claim owned by him: but where several
parties " undivided interests In q mining
claim all should join in an application for a
patent.
A person or association may purchase as
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 q deputy for the Register and Re-
ceiver cannot be recorded rs evidences.
10 all patents for mining claims situated
within the interior boundaries Of O Town site
= 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
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 u only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks Ia weekly newspaper. and In daily
newspapers 60 days must elspse between the
| frat and last insertions.
Where the Register d esignstes the daily issue
Of q newspaper for publication of notices Of 9
mining application for patent Ii IL not q COM
pliance witE law TO change TO the weekly edi-
uon Of the same paper without authority VI
the Register.
The existence Of q salt spring on . tract Of
land withdrAws 1t from the operation Of the
homestead aud presumption laws. A hearing
for the purpose OF proving the agricultural
| character Of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered unuer the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle q separate and
distinct claim agsinst each application which
1t IL alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot BIO Withdrawn, but becomes . part Of the
record.
When an adverse claim has been hled ii can.
not DO amended 30 AZ 10 embrace q larger per
ton of the promises than that described in the
original adv erse claim.
An adverse claim must be made ont In
proper form and filed In the proper local Off CO
during the period Of publication Of the appli-
cation for the patent TO be effective.
It is the duty OF the adverse claimant TO
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 result Of
the corrupto or dishonest action Of his attorney,
the lnterier Department cannot redress the
wrong.
An adverse claimant should act 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 10 evil
dence.
An adverse claimant should show . compli.
ance with the local laws IN recording his claim
and in regard TO expenditures. aud shall hle 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 ~locgtorE or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little. II any value, for agri.
cultural purposes, but 10 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 81 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 ,Rs been
entered as sgr cultural. but before I steut has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 10
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 canuot be re-
cetved In payment for claims.
/. ALIENS.
A foreigner may mako a mining location and
dispose Of 1t. provided he becomes . citizen
before disposing Of the mine. Proof that the
party was not a citizen before disposing OF his
claim must be affrmativeiy 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 EDGRs.
Revised Statutes. Section 2.s36.
Who're two or more lodges cross or intersect |
each other, priority Of title shall govern. and |
such prior location shall be entitled to ali 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
Guiding all the space OF intersection.
TUNNELS.
There is no authority of law for a tunnel
location 5000 by 800 feet. A proper location
ia the width Of the tunnel for 5000 feet.
There 10 no provision OF law for patenting