Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-13
ISCELLANEOUS
MO
FOR.
OWNERS AND L0CAT0RS
....oF....
MI i M T. 9 .
APPLICATION FOR PATENT.

the record, aud can neither be withdrawn nor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 is erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
knowledge Of the Register.
~Second-The notice was not published in q
newspaper designated a. published earestt 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 . suit in Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately dedne the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
tinct portions If . claim. application for
patent Iuay be made by either for taA portion
Of the claim owned by him: but where several
parties own undivided interests in = mining
claim all should join in sn application for q
patent.
A person or association may purchase 40
many placer locations ~ the locA 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 loIes within
their boundaries.
Papers sworn 10 before any person purport-
ing 10 set as . deputy for the Register aud Lee
| ceiyer cannot be recorded IS eyidencs.
| In eli patents for mining claims situated
| within the interior boundaries Of . town site
Q clause Is ins erted "excspting and excluding
sll 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 N u 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 co days must elspse between the
fret and last insertions.
Where the Register d. signste the d ally issue
of Q ne wspAper for publication Of notices Of .
mining application for patent Ii 10 not . COM
pliance with Law to change TO the weekly edi-
ZION Of the same paper without authority "
the Register.
The existence OF o salt spring on Q tract Of
land withdrsvs 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.
ADvRRsE cLAIxs.
Adverse claimants must flo . separate and
distinct claim sgAin.t zach application which
1T is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot be Withdrawn, but becomes . part Of the
record.
When an adverse claim has been fled II can.
not be amended so rs 10 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 flied In the proper local OH ee
1 d1rfnp the paYfod of nuhliEaflOn of the apu.f.
cation for the patent TO be effective.
1t 10 the duty OF the adverse claimant 10
suit in proper form within the re-
| Quired time, and IL he trusts The Uncertain
medium Of the Untted States mail he must
abide the consequence. should the delay
ensue, through misfortune or accident. Should
the failure 70 suit be the result Of
the corrupt or dishonest action Of his Attsrney.
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, embocy-
ing conclusions OF Law, without stating the
facts specially, Will not be considered In evil
denee.
An adverse claimant should show . cotnplI.
ance with the local laws In recording hts claim
and In regard to expenditures. aud shall nile 9
copy Of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties TO g suit tina. they
1 ColupOee tuc cOMphLy IN hhtuStehts eDu tnsy
are not required 20 prove that they are the
original ~locat0rs or the Identical pa. ties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little. ~ any value. for agri.
cultural purposes, but 10 essential 10 the
| proper development Of mining claims, IT
should be disposed Of under the Mining Act.
Where lands contsinins valuable mineral
deposits have been included in sn Agricultural
entry, said entry will be cancelled ~ any time
prior to issuance OF patent. npon satisfactory
evidence Of the existence Of such valuable de-
| posits.
Where valuable deposits OF mineral aye dis
covered upon . tract sfter the SAM sAs been
entered as agricultural. but before / deut has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry Will be cancelled T.
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 40 Agricultural claimant, they pass
with the patent
Agricultural College scrip cannot be re-
eetved in payment for eisims.
ALIENS.
A foreigner may make a mining location and
dispose OF IL. provided no becomes q citizen
before disposiDg Of the mine. Proof that the
party was not a citizen before disposing Of his
claim must be afhrmAtively shown.
Locstors and intermediate oeners. 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 IL
an alien; but on his declaration TO become q
citizen his right dates bsck 70 his purchase,
sud he may thsreupon secure United States
patent fer his claim.
Cross LEDGEs.
Revised ststutes. Section 1885:
Where two or more led ges cross or inteYsect
each other. priority OF title shall govern. and
such prior location shall be entitled 10 all ore
or mineral cont ined within the space of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter-
seetion for the purpose Of the convenient
working Of the mine. And where two or more
veins unite the olde-t or prior location shall
take the vein below the point OF union, In
GLIDING all the space Of intersection.
TUNNELS.
There IL no authority of law for Q tunnel
location 5000 by 800 feet. A proper location
IL the width OF the tunnel for 5000 feet.
There IL no provision OF law for patentine
tunnel locations. but lodes discovered In run
n NJ . tunnel may be patented in like manner
a. other lodes.
The right IL granted 10 tunnel owners TO
! 500 feet OF each blind lode, not previously