Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-05-20
MISCELLANEOUS
INFOR NATION
~....FoR....
OWNERS AND L0cAT0RS
....oP..s.
NJ E5 /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been hled 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the record, and can neither be Withdrawn nor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
An application will be rejected when the de-
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 IS published nearest the
claim.
Third-Rscord 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
tinct portions Of Q claim, application for
patent may be made by either for tnst portion
Of the claim owned by him; but where several
parties own undivided interests in . mining
claim all should join in an application for .
patent.
A person or association may purchase as
many plscer locations ~ 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 loaes within
their boundaries.
Papers sworn TO before any person purport-
ing TO act as . deputy for the Register and Re-
| ceiver cannot be recorded ~ evidences.
| In all pstents for mining claims situated
| within the interior boundaries OF Q town site
| o 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 Inn
| provements not belonging TO the grantees here
In, and all rights necessary or proper 10 the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made o only
| one newspaper for the period Of 60 days.
| Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elapse between the
| fret and last insertions.
Where the Register designates the d ally issue
Of 9 newspaper for publication Of notices of .
| mining application for patent ii Is not Q COM
pliance with law TO change TO the weekly edi-
tton OF the same paper without authority Of
1 the Register.
The existence Of . salt spring on . tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land Is not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file o separate and
distinct claim against each application which
it 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once nled,
cannot be Withdrawn. but become 90 q part Of the
record.
when an adverse claim has been filed II can
not be amended SO - 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 hled In the proper local Office
during the period Of publication Of the sppii-
cation for the patent to be effective.
1t ts the duty Of the adverse claimant TO
suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the resllt Of
the cor rupt or dishonest action Of his stterney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
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 10 evil
denee.
An adverse claimans should show q eompli-
Ance with the local laws In recording his claim
and in regard 10 expenditures. and shall hle o
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
are not required TO prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OF MINERAL LANDS.
Where land Is Of little, If any value, for sgri.
cultural purposes, but 10 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 81 any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence Of such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon . tract after the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 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 10 an agricultural claimant, they pass
with the patent.
Agricultural College scrip canno be re-
eeived In payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF 1t. provided he becomes . citizen
before disposing Of the mine. Proof that the
PoAhy Wan " . CAhAEe OGAtAS 4A1R~oA16 va 0
claim must be afirmstively 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 o mining claim sold TO an
alien cannot be patented while such owner 10
an alien; but on his declaration 10 become Q
citizen HIS right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CRoss LEDGEs.
Revised Statutes. Section 2 1885:
Where two or more lodges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled TO all ore
or mineral contained within the space of inter
section. but the Subsequent location shallhave
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
GLIDING all the space Of Intersection.
~
There is no authority OF law for . tunnel
L location Y M nv 4 Enn fat A nr0DaF location