Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-08
MISCELLANEOUS
INFOR
....FOR....
OWNERS AND L0CAT0RS
....0F....
MI il q :
APPLICATION FoR PATENT.

APPLICATION FOR PATENT.
Where papers have once been 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the record, and can neither be Withdrawn nor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 Gen
eral Land Office.
An application will be rejected when the de-
scription of the premises Is erroneous er 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
new paper designated as published nearest the
claim.
Thlrd-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 and dis
tinct portions Of . claim, application for
pateat may be made by either for tins portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim sll should join in an application for a
patent.
A person or association may purchase as
many placer locations rs the local law admits,
and embrace them all in one application for o
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 q deputy for the Register and Re
ceiyer cannot be recorded as evidence.
In all patents for mining claims situated
L rr,shsn Tho fnt0rfn~ hn,anA.rt nj a tnun 4 ia
q clause is ins erted excepting and excluding
all town property, rights upon The surface.
and all houses. buildings. structures. lots.
blocks, streets, alleys or other municipal I'M
proyements 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 u only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 90 days must elspse between the
fr-t and last insertions.
Where the Register designstes the daily Issue
Of $ newspaper for publication of notices Of .
mining application for patent IL is not 8 COM
plisnce with Law TO change TO the weekly edi-
1on OF the same paper without authority Of
the Register.
The existence Of Q salt spring on 9 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 BuCu lana Is HOt Allowed. Lana
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle q separate and
distinct claim against each application which
IL Is alleged conflicts with The premises owned
By such adverse
The papers In an adverse claim, once filed.
cannot be Withdrawn, but becomes part Of the
record.
When an adverse claim has been fled ii cam
not be amended SO as to embrace a larger per-
tion OF the premises than that described in the
original adverse clsim.
An adverse clsim must be made ont in
proper firm and hied In the proper local office
during the period OF publicsiion OF the applt-
cation for the patent TO be effective.
4 II is the duty of the adverse claimant to
commence suit In proper form within the re-
quired time, and If be trusts shs uncertain
medium Of the United States mail be must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to mmen suit be the resalt Of
tbs cor iupt or dishonest action Of his attorney.
the interisr 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 ia EVIL
dence.
An adverse claimant should show q conpii-
ance with the local laws In recording his claim
and in regard to ex penditur, s. and shall nle q
copy OF the original notice OF his location. and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to 6 suit that they
compose the company 10 sumo emit. and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Whore land is of little, If any value, for agri-
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 At 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 a tract otter the same has been
en- cred as ayr cultural. but before patent has
been issued, the parties cisiming the mine
may make application for patent for same,
aud the agricultural entry viii 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 to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
eeived In payment for claims.
ALIENS.
a foreigner may make O mining location and
dispose OF it. provided he becomes q citizen
before disposing of the mine. Proof that the
! party was not q citizen before disposing of his
eisim must be afirmatively shown.
Locstors and intermediate owners, other
! than applicants. will not be presumed aliens.
IN the sosence If allegation or objection prior
70 Issuance OF patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner is
an siien; but on hts declaration to become 9
citizen his right dates back TO bis purchase,
! sna he may thereupon secure Omitted States
+, patent for his claim.
CROSS LEDGEs. E
revised Statutes. Section 1850:
t. where two or more led ges cross or intersect
eacn other, priority Of title shall govern, and
sueh prior location shall be entitled to all ore
or mineral cont. ined within the space of inter
sscuon, but the subsequent location shall have
! me night Of way through the space of inter
: sse.lon TOT the purpose of the convenient
WORKING OF the mine. And where two or more
VEINS unite the Oldest or prior location shall
1zs tne vein below the point OF union. In
eiuaihs All the space OF intersection.
Il TUNNRLs.