Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-26
MISCELLANEOUS.
INFOR
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OWNERS AND L0CkTORS
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MI E - j.

Where papers have once been nled with the
Register and Receiver they become O 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the record, and can neither be withdrawn nor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 dc.
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.
md notice was not published In =
claim.
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 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 snd dis-
tinct portions Of o claim, application for
patent may be made by either for to ct portion
OF the claim owned by him; but where soversl
parties own undivided interests In . mining
claim all should join In an application for o
patent.
A person or association may purchase a.
many placer locations ~ the local law admits.
and embrace them all In one application for Q
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 a deputy for the Register and Re-
ceiver cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries of Q town site
Q clause Is In erted 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. ana all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period Of GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers GO days must elspse between the
frat and last Insertions.
Where the Register designates thedaiIy issue
of . newspaper for publication OF notices OF a
mining application for patent IL Is lot Q com.
pllAnce with law 20 change to the weekly edi'
tion OF the same paper without authority VI
the Register.
The existence Of G salt spring on . tract OF
land withdrsws 10 from the operation Of tht
Homestead and presumption laws. A hearing
for the purpose OF proving the Agriculture
character Of such land 10 not allowed. Land
containing valuable deposits OF slate may bs
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate and
distinct claim against each application which
1t ~ alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim. once filed
cannot be Withdrawn, but becomes d part Of the
record.
When an adverse claim has been nled IL can
not be amended SO hs to embrace q larger per
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 off CO
during the period Of publication OF the appli.
cation for the patent 10 be effective.
1t 10 the duty Of the adverse claimant 10
suit In proper form within the re.
CURED time, and II he trusts lhe uncertain
medium Of the United States mail he must
abide the consequences. should the deiay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the corruptor dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
ing conclusions OF law. without stating the
facts specially. will not be considered &. sv.-
dence.
An adverse claimant. should show q compli.
ance with the local laws in recording his claim
and In regard to expenditures. and shall Ole 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 sui. that The
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL ON MINERAL LANDS.
Where land is Of little. II any value, for agri.
cultural purposes, but 10 essential to the
proper Development OF mining claims. It
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 q tract sfter the same aas been
entered a. agricultural, but before 1 sient has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry Will be Cancelled 10
mat portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be re-.
ceived In payment for claims.
ALIRNs.
A foreigner may make q mining location ana
dispose OF 1t. provided he becomes q citizen
before disposfng OF the mine. Proof that the
party was not = citizen before disposing Of his
claim must be affrmatively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens,
In tho 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; bus on hts declaration 10 become Q
citizen his right dates back TO his purchase.
sud he may thereupon secure United States
patent for his claim.
GROSS LRDGKs.
Revised Statutes. Section Z, 1885:
Where two or more lodges cross or interseet
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, In |
Guiding all the space of intersection.
N |
There 10 no authority OF law for q tunnel
location 5000 by 800 feet. A proper location
10 the width OF the tunnel for 5000 feet.
There 10 no provision OF law for ~patenting