Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-22
MISCELLANEOUS.
INFOR NATION
OWNERS AND L0CAT0RS
....oR....
MI Il ELS
APPLICATION FOR PATENT,

APPLICATION FOR PATENT,
Where papers have once been nled 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the record, and can neither be withdrawn nor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 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 Q
new paper designated Is publishednesrest the
claim. 9
~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 diverse CLAIM ant
An application for patent will be rejected
when the survey does not accurately define tho
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 0 claim. application for
patent may be made by either for tn ct portion
OF the claim owned by him bat where several
parties W undivided interests in = mining
claim all should Join in an application for 9
patent.
A person or association may purchase a.
many placer locations ~ the local law admits.
and embrace them all In one application for .
patent.
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 act as . deputy for the Register and Re
ceiver cannot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries of . town site
. clause 10 Ina erted 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 q only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and in daily
newspapers so days must elspse between the
| fret and last insertions.
Where the Register designates the daily issue
Of . newspaper for publication Of notices OF .
mining application for patent II 10 not Q COM
plisnce with law 10 change to the weekly edi-
ton Of the same paper without authority OF
| the Register.
The existence Of . salt spring on . tract OF
land withdrGws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
1 1AAsC FROsAt1 va G&81 w
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must nle Q separate and
distinct claim sgsinst each spplication which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hlsd
cannot be Withdrawn. but becomes . part OF the
record.
When an adverse claim has been nied IL can.
not be amended so as to embrace q larger per
ton Of the premises than that described In the
original adverse claim.
| An adverse claim must DO made out In
proper form and filed In the proper local OH ca
during the period of publication Of the Appli.
cation for the patent TO be effective.
II is the duty Of the adverse claimant to
commence suit In proper form within the re.
quired time. and II 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 suit be the esail Of
the cor rupt or dishonest action OF his attsrney.
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 owl.
dence.
An adverse claimant should show Q compli.
snce with the local laws in recording his claim
anu III REGARD 70 expenditures, ana snail ME o
copy Of the original notice of his location, and
show the nature or extent Of tho conflict
alleged.
An allegation Of parties to q suit that the y
compose the COMPANY 10 sufficient. and they
are not required to prove that they are the
original ~locstors or the identical parties who
| present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Where land 10 Of little. IL any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, 10
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-
| posts.
Where valuable deposits of mineral are dis.
covered upon . tract after the sams sas been
entered as agricultural. but before l Ltent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled TO
That portion OF tho 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.
A foreigner may make q mining location and
dispose OF IL. provided he becomes . citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing Of his
claim must be AfhrmAtiyely shown.
Locators and intermediate owners, other
than applicants, will not be presumed sliens.
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 ts
an alien; but on his declaration to become Q
citizen his right datos back TO his purchase,
aud he may thereupon secure United States
patent for HIS claim.
Cross LRDGEs.
Revised Statutes. Section 2.336:
Where two or more lodges cross or intersect
each other. priority OF title shall govern, and
such prior location shall be entitled 10 ali ore
or mineral contained 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, I'm
Guiding all the space OF intersection.
TUNNELS.
There 10 no authority Of law for tunnel