Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-14
MISCELLANEOUS.
INFOR m
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OWNERS AND L0CATORS
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MI ES

APPLICATION FOR PATENT.
Where papers have once boon filed with the
Register and Receiver they become 9 part Of
the record, and can neither be withdrawn nor
returned. but must be transmitted TO the Geo.
ersl Land Office.
scription OF the premises 10 erroneous or in
sufficient.
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
newspaper designated as published nearest the
claim.
T~hird-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending Q 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
tlnct portions of q claim. application for
patent may be made by either for tn at portion
OF the claim owned by him but whore several
parties own undivided interests in q mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations as 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 lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act % y deputy for the Register and Re-
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries Of Q town site
. clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal I'M
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 a only
one newspaper for the period OF GO days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers co days must elapse between the
irst and last insertions.
Whore the ACKNOWLEDGEMENTS the daiIy issue
Of q newspaper for publication OF notices Of y
mining application for patent 10 10 not 0 com-
pliance with law TO change 10 the weekly eGi.
zion of the same paper without authority Of
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 IL not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse aimsnt.
The papers in an adverse claim, once filed.
cannot DO withdrawn, but becomes 9 part OF the
record.
When an adverse claim has been fled 1t can
not DO amended 30 as to embrace . larger per.
ton OF the promises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and hled In the proper local office
during the period Of public Etion OF the sppli-
cation for the patent 10 DO effective.
1t Is the duty of the adverse claimant TO
commence suit In proper form within the re-
CURED time, and IL he trusts ihe Uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfor .une or accident. Should
the failure to commence suit be the result Of
the corrupto or dishonest action OF his stterney.
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 evil
dence.
An adverse claimant should show A compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall die 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 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original ~locxtors or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Where land is Of little, II any value. for agri.
cultural purposes. but 10 essential to the
nRnnaH oDn - % f ~
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.
posits.
Whore valuable deposits Of mineral are dis
covered upon . tract after the same mas been
entered as agricultural. but before ! stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled TO
thst 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
uAbposo VI Is provided ne becomes o citizen
before disposing Of the mine. Proof that tho
party was not q citizen before disposinQ OF his
claim must be afirmatively shown.
Locstors 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 . mining claim sold to an |
alien cannot be patented while such owner is
an alien; but on hts declaration to become Q
citizen his right dates back to his purchase.
.ud he may thereupon secure United States
patent for his claim.
CROSS LRDGRs.
Revised Statutes. Section 2.336:
Where two or more lodges cross or intersect |
each other. priority Of title shall govern. and |
such prior location shall be entitled TO eli 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 shall
take the vein below the point OF union, In
Guiding all the space Of intersection.
TUNNELS
There 10 no authority Of law for q tunnel
iocstion 5000 by 800 feet. A proper location