Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-02
~ISCELLANEoUs.
INFOR NATION
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OWNERS AND L0CATORS
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MI M E i.
APPLICATION FOR PATENT.

AfFLlCAILON FOR PATENT.
Where papers have once been fled with the
Register ana Receiver they become o 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the record, and can neither be withdrawn nor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.
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
claim.
Third--Record title was found defective,
and
Fourth--A previous application had been
made tor 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 and dis
tinct portions vi 0 claim, application for
patent may be made by either for thu t portion
OF the claim owned by lin. but where several
parties own undivided interests In Q mining
claim oil should join in an application for .
patent.
A person or association may purchase as
many placer locations ~ the local law admits,
and embrace them all In one application for .
patent.
we or more lodes cannot be embraced In
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 he
ceiver cannot be recorded a. evidence,
In ell patents for mining claims situated
within tho interior boundaries OF . town site
o clause 10 int erted Excepting and excluding
all tnwu nroparty piphta nn0n Sha auwfaea
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 GO days must eiapse between the
frat and last insertions.
Where the Register designates the tally issue
Of q newspaper fer publication Of notices Of a
mining application for patent II 10 not o COM
pliAnce with law 70 change TO the weekly edi'
zion Of the same paper without authority Vi
the Register.
The existence OF 9 salt spring on Q tract OF
land withdraws 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 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 10 alleged conflicts with the premises owned
by such adverse claimant.
TIL papers in an adverse claim, once hled
cannot be Withdrawn. but become % . part Of the
record.
When an adverse claim has been filed IL can
not DO smended 30 as 10 embrace q larger per
ton OF the premises than that described In tns
original adverse claim.
An adverse clsim must be made out In
proper firm and hied In the proper local offlc CO
during the period Of publication OF the appli
cation for the patent 10 be effective.
It is the duty OF the adverse claimant "a
suit In proper form within the re.
quired time, and IL he trusts the uncertain
medium OF the United States mail he mus,
abide the consequences. should the delay
ensue, through misfortune or accident Should
the failure to suit be the result OF
the cor fupt or dishonest action of his attorney,
the Interior Department cannot redress the
| wrong.
An adverse claimant should set forth In dc.
tail the facts upon which he bases his adverse
claim. A statement In general terms, enbody-
ing conclusions Of law. without stating the
facts specially. will not be considered in evi.
dence.
An adverse claimant should show Q conpli.
ance with the local laws in recording his claim
and in regard to expenditures. and shall nile .
copy OF the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
compose the compsny 10 suficient. and they
are not required TO prove that they are the
original locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land ia OF little. II any value, for sRrt.
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 . 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 cancelled 10
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 9 mining location and
dispose OF 1t. provided he becomes . citizen
before disposihg Of the NINE. Proof that the
party was not q citizen before disposing of his
claim must be afirmatively shown,
Locstors and intermediale owners. other
than applicants. will not DO presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of o mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration to become 4
citizen his right dates back to his purchase.
sud he may thereupon secure United States
patent fer his claim.
CROSS LRDoxs.
Revised Statutes. Section 2.336:
Whore 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 IMMORAL contsined within the space OF inter.
section. but the subsequent location shall have
the right OF way through the space of inter.
section Tor 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 Lelow the point OF union, In
GLIDING all the space OF intersection.
UNNELs
There Is no authority Of law for q tunnel
location 5000 BY 800 feet. A proper location
Ia the width OF the tunnel for 5000 feet.
There 10 no provision Of Law fov uafentfnQ