Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-21
MISCELLANEOUS.
INFOR NATION
~...FOR....
AND L0CAT0RS
....oP....
M ELS.

MI lis.
APPLICATION FOR PATEsr.
whers papers have once been hled with the
Register and Receiver they become . part OF
the record, and can neither be withdrawn nor
returned, but must be transmitted 20 the uen-
ersl Land ONCE.
An application will be rejected when the de-
scription of the premises 10 erroneous OF IN
sufficient. -
Application for patent will be rejected be-
cause:
First-The notice was published without the
knowledge Of the Register.
second-fhe notice was not published In .
newspaper designated - published nearest the
claim.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately deine the
boundaries of the claim.
Where the claim was not lecated in sccoru-
ance with law.
Where several parties W separate and dis
tinct portions Of 9 claim. application ior
patent may be made by either for that portion
Of the claim owned by him: but where several
parties own undivided interests in Q mining
claim allshould join in an application Tor .
patent.
person or association may purchase a.
many placer locations ~ 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 10 before any person purport-
| ing to set a. . deputy for the Register and be
| ceiver cannot be recorded ~ evidences.
In ali patents for mining claims situated
| within the interior boundaries OF . town site
| Q clause 10 inserted 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 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers and in daily
newspapers 60 days must elspse between the
| fret and last insertions.
Where the Register designates the daily issue
| Of o newspaper fer publication Of notices OF o
| mining application for patent IL Is not . COM
plianee with law to change to the weekly edi.
uon of the same paper without authority OF
| the Register.
The existence OF 9 salt spring on 9 tract of
/ land uithdrsws 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
| containing vsluable deposits Of slate may be
| entered under the mining Acts.
| ADVERSE CLAIMS.
Adverse claimants must file q separate and
| distinct claim against each application which
Il 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim. once fled.
cannot be Withdrawn, but becomes 9 part Of the
record.
When an adverse cia,m has been filed 10 can
not be amended so A. TO embrace o larger pcr-
ton Of the premises than that 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 sppii-
cation for the patent TO be effective.
1t fs the duty Of the adverse claimant TO
commence suit In proper form within the re-
CURED time, and II he trusts The uncertain
medium OF tho United States mail be must
abide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure TO commence suit be the resnlt Of
the corrupto or dishonest action OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in do
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-
dence.
An adverse claimant should show 9 compli-
ance with the local laws in recording his claim
and In regard to expenditures. and shall ale q
copy Of the original notice of his location. and
show the nature or extent Of the conflict
alleged.
An allegation of parties to . suit that they
compose the company IL sufficient. 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 10 Of little. If 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 AZ 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 sitter the same has been
entered IS agricultural, Int before patent 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 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.
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 q citizen before disposing of his
claim must be afirmativeiy shown.
Locstors and intermediate owners. other
than applicants, will not oe presumed aliens.
In the absence Of allegation or objection prior
to issuance OF patent.
The portion Of . mining claim sold 10 an
alien cannot be patented while such owner IL
an alien; but on his declaration TO become 4
citizen his right dates back 10 his purchase.
and he may therenpon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2.s36;
Where two or more lodges cross or intarsect
each other, priority Of title shall govern. and
such prior location shall be entitled 10 sl ore
or mineral contsined within the space OF inter
section, but the subsequent location shall have
the night 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.