Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-17
MISCELLANEOUS.
INFOR NATION
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OWNERS AND LOCATORS
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MI 7 III E - /.
APPLICATION ron PATENT.

APPLICATION FOR PATENT.
Whore papers have once been fled with the
Register and Receiver they become Q part of
the record, and can Mother be withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the de.
scrtption OF the premises Is erroneous or in
Application for patent will be rejected be-
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published In u
new spaper designated as published nearestt 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 claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF tho clsfm.
Where the claim WAS not located In accord
ance with law.
Where several parties own separate and dis
tiuct portions Of . claim, application for
patent may be made by either for tina portion
OF the claim owned by him but where several
parties own undivided interests In . mining
claim all should join in an application for 9
patent.
A person or association may purchase rs
many placer locations ~ the local Law admits.
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced 10
one application for u patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing 70 act ss Q deputy for the Register and he
ceiver cannot be recorded 10 evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
Q clause 10 inserted excepting and excluding
= n -ur .Nya .N.h rxNn. AA
and ell 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 q 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
frat and last insertions.
Where the Register d esignates the dsily issue
Of o newspaper fer publication of notices of Q
mining application for patent 1t 10 not o COM
pliAnce with Law to change TO the weekly edi-
zion Of the same paper without authority Of
the Register.
The existence OF . salt spring on . tract of
land withdraws IL 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 be
entered under the mining Acts.
ADvKnsE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each alton which
it 10 alleged conflicts with ihe premises owned
by such adverse claimant
The papers In an adverse claim. once hled
cannot be- Withdrawn. but become 90 . part Of the
record.
When an adverse claim has been nled II can.
not be amended 50 81 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 nlod Ia the proper local ofice
during the period OF public alton OF the sppii-
cation for the patent TO be effective.
1t IL the duty Of the adverse claimant 10
suit in proper form within the re-
quired time, and II 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 commence suit be the res IL Of
the cor rupt or dishonest action Of his Atterney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth 10 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 compli.
ance with the local laws In recording his claim
and in regard TO expenditures. and shall nile q
copy OF the original notice Of his location, and
show the nature or extent Of the onfict
alleged.
An allegation Of parties TO q suit that they
compose the company 10 SUFFICIENT. aud they
are not required TO prove that they are the
original locators or tue identical par ties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Whore land Is Of little. II any value, for scri.
cultural purposes, but 10 essential TO the
proper development Of mining claims, Il
should be disposed Of under the Mining Act.
Where lands containing valusble 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 Q tract sitter the same sas 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 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
Agricultural College scrip cannot be re.
ceived 10 payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF 1t. provided he becomes a citizen
before dispostng Of the mine. Proof that the
party was not . citizen before disposing Of hts
claim must be alirmatively shown.
LocstoYs 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 q mining claim sold 10 an
alien cannot be patented while such owner is
an alien; but on his declaration TO become .
citizen his right dates back TO his purchase.
sud he may therenpon secure United States
patent for his claim.
CROSS LRDaEs.
Revised Statutes. Section 2,33s:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to ali ore |
or mineral contained within the space of inter.
section. but the subsequent location shall have |
the right OF way through the space OF inter-
for the purpose OF the convenient |
working OF the mine. And where two or more
unite the oldest OF prior location shall
take the vein below the point Of union. In |
GLIDING all the space of intersection.
TUNNELS.
There is no authority Of law for q tunnel
location 5000 By 1900 feet. A proper location
10 the width OF the tunnel for 5000 feet.
There IL no DrOyiafOn Of Law fnr patantfn0 /