Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-04
MISCELLANEOUS.
! OR
....fOR....
OWNERS AND L0CkTORS
....oF....
MI Il M IL - !.
APPLICATION ron PATENT.

Where papers have once been filed with tho
Register and Receiver they become q part of
the record. and can neither be withdrawn nor
returned, put must be transmitted to the Gen.
eral Land ONCE.
An Application will be rejected whom the de-
scription Of tho premises Is erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
Frat The notice was published without the
knowledge Of the Register.
~Second-1he notice was not published in a
newspaper designated as 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 u suit in Court commenced by
the adverse claim snt.
An application for patent will be rejected
when the survey Goes NOT accurately define the
boundaries o! the cisim.
Where the Calm was not located in accord
ance with law.
Where several parties own separate and dis.
tinct portions ii y claim. application Tor
pstent may be made by either for tn 1T portion
Of the claim owned by him: but where several
parties own undivided interests Ia . mining
claim all shonld join in an application for o
patent.
A person or association nay purchase As
many placer locations ~ the local Law admits.
and embrace them all In one application for u
patent.
Two or more lodes cannot be embraced In
one application for n patent except for placer
Claims embracing two OF more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as . deputy Tor the Register and he
ceivcr cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of u town cite
q clsnss Is In. crtsd excepting aud excluding
all town property, rights upon the surface.
aud all houses. buildings. structures. lots.
blocks, streets, alleys or other municipal Inn
provements not belonging to tho grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
game"
Publication Of notice must be made q only
one newspaper for the period OF 60 days.
Notice must be published ~ consecutive
weeks in weekly newspaper. and In daily
rewspspers 60 days must olapse between the
fret and last insertions.
Where the Register designAtes the d ally isaue
of q newspaper for publication OF notices Of .
mining application for patent 1t IL not h COM
pliance with law to change to the weekly edi.
ZION Of the same paper without authority VI
| the Register.
The axistence OF a salt spring on . tract OF
land withdraws 1t from the operation Of the
for the purpose OF proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse aiman must fle 9 separate and
distinct Claim sgsinst each application which
II Is alleged conflicts with The premises owned
by such adverse Claimant.
The papers Ia an adverse claim. once fled
cannot be withdrawn. but becomes . part Of the
record.
When an adverse claim has been fled IL can.
not be amended 30 a. 10 embrace a larger per.
ton OF the premises than that described In the
origtnsl adv erse claim.
An adverse claim must be made out In
proper firm and flied In the proper local OIL &c
during the period Of publication Of the sppii-
cation for the patent to he effective.
1t Is the duty VI the adverse claimant 10
suit In proper form within the re-
Quired time. and II he trusts ,he uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through nllsfortuneo or accident Should
the failure to eommence suit be the res@lt of
the cor supt or dishonest acton Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth 10 de.
tail the facts upon which he bases his al verse
claim. A statement In general terms, embody-
ing conclusions OF law, without stating the
facts specially. will not be considered III evil
dence.
An adverse claimant! should show q compli.
aDce with the local laws In recording his claim
and In regsrd TO exp Expenditures. aud shall nle q
copy OF the original notice OF his location, and
@nS" hAN hStutC VI VAttut " tHt lOIuict
alleged.
An allegation Of parties to q suit that they
compose the company 10 suite ient. and they
are not required to prove that thvy are th.
originsl locstors or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Whore land is Of little. II any vslne. for agri.
cultural purposes. but is essential to the
proper development Of mining claims, 1t
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 ~ 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 sfter the same sas been
entered rs ayr cultural, but before 1 sent has
been Issued, the parties claiming the niue
may make application for patent for same.
and The agricultural entry will be cancelled /
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered ON
Agricultural lanas 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.
ALIEss.
dispose OF 1t. provided he becomes q citizen
before disposiEg Of the mine. Proof that the
party was not u citizen before disposlng Of his
claim must be afirmatively shown.
LocAtors and intermediate ovnere. other
than applicants. will not be presumed aliens,
in the absence cf allegation or objection prior
to issusnce Of patent.
The portion Of q mining claim sold 10 an
alien cannot be patented while such owner ia
an slien: but on hts declaration to become .
citizen his right dates back TO his purchase.
iud be may thereupon secure United States
patent for his claim.