Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-24
MISCELLANEOUS.
iNFOR NATION
....RoR....
OWNERS AND L0CkT0RS
....oF....
MI M E = !.
APPLICATION FOR PATENT,

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
ersl Land Once.
An application will be rejected when the de.
scription CT the premises IL erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
First = The notice was published withou. 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 y suit in Court commenced by
the adverse claim ant.
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 OWE separate and dis.
tinct portions Of . claim. application for
patent may be made by either for tn 1T portion
Of the claim owned by him: but where several
parties own undivided interests in 9 mining
claim all should join IN al application for q
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them sl in one application for 9
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing TO act as q deputy for the Register and he
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
Q clause 10 In serted Excepting and excluding
Il all tOEn nrOnePfy. rfRlta nnUn the anFfacA
and all houses. buildings. structures, lots.
blocks. streets, alleys or other municipal I'M
provemenss not belonging 10 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 o only
| one newspaper for the period Of 20 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud in daily
newspapers GO Days must elApse between the
| first and last insertions.
Where the Register designstes the daily issue
Of q newspaper for publication Of notices of Q
mining application for patent 1t 10 not . COM
plisnce With law TO change to the weekly edi.
ton of the same paper without authority Of
| the Register.
The existence of & salt spring on 3 tract OF
| land withdrsws Ii from the operation OF the
homestead and pre-emption 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
/ eptereu uuucf the mining ACte.
ADyERsx CLAIMS.
Adverse claimants must file 8 separate and
distinct claim against each application which
1T is alleged eonHicis with the premises owned
/ by such adverse claimant.
| The papers in an adverse claim, once filed
cannot be Withdrawn, but beeom % 9 part Of the
record.
When an Adverse claim has been fled IL can.
not be amended so as 10 embrace q larger per
ton of the premises than that described IN the
original adverse claim.
An adverse claim must be made ont In
Proper form and filed In the proper local OH ce
during the period OF publication Of the spph-
1 cation for the patent to be effective.
1t Ia the duty of the adverse claimant 10
suit In proper form within the re-
quired time, Snd IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue,t through misfortune or accident. Should
the failure to suit be the resalt Of
the corruption dishonest seton o. his attorney,
the Interior Department cannot redress the
| wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bsses his adverse
claim. A statement In general terms, embody-
ing conclusions Of law, without stating the
facts specially, will not be considered Ia evil
dence.
An adverse claimant should show q compli.
snce with the local laws in recording his claim
aud In regard to expenditures, and 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 . suit that they
compose the company 10 SUFFICIENT, and they
are not required to prove that they are tbs
original locstors or the identical parties who
present the adverse claim.
AGRIcULTUzAL on MINERAL LANDS.
Where land is Of little, II any value, for Agri-
cultural purposes, but IL essential to the
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
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 Q tract after the same aas been
entered - agricultural. but before I stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be csnceied 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 it. provided he becomes Q citizen
ooAofo uisposiuB VI the mlnes ffOOf that the
party was not q citizen before disposing Of his
claim must be afirmattvely 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 Q
citizen his right dates bach TO his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1850.
Where 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 hall
take the vein below the point Of union, in.
cluding ell the space of intersection.
TUNNELS.
Thara In M aukharitU 90 f.u- --ot