Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-11
MISCELLANEOUS.
iNFoR NATION
OWNERS AND l0CAT0RS
~....oF....
MI il I.
APPLICATION yoa PATENT.

APPLICAIioN fOR PATENT.
Where papers have once been filed with the
register ana keceiver they become . part Of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
ersl Land Once.
An application will be rejected when the de-
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 o
newspaper designated ~ published nesrestt the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which wss 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 or the clEim.
Where the claim was not located In accord.
ance with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be made by either for tn al portion
VI 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 az
many placer locations - the local Law admits.
AAb AoA &AA ~ 1kRAAN8tAOhk W y
patent.
Two or more lodes cannot be embraced In
one application for q patent except Tor placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport.
ing 10 act ~ . deputy for the Register and Ne
ceiver cannot be recorded - evidence.
In all patents for mining claims situated
within the interior boundaries Of Q town site
. clause 10 ins erted excepting and excluding
all TOW property. rights upon the surface,
and all houses, buildings. structures, lots,
blocks. streets, alleys or other municipal I'm.
provernents 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers co days must elApse between the
hrrt and last insertions.
Where the Register d signstes the d Tally issus
Of = newspaper for publication Of notices Of q
plisnce With law to change to the weekly edi
ton Of the same paper without authority Of
the Register.
The existence Of . salt spring on . tract OF
land withdrAws II from the operation Of ths
homestead and presumption laws. A hearing
for the purpose of proving the Agriculture
character OF such land 10 not allowed. Land
containing valuable deposits OF slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
IL IL 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 tn,
record.
When an adverse claim has been hled II can
not be amended 80 ~ to embrace q larger per
i ton of the DramtaaR than that daarrfhad An Tn
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local oil ca
during the period Of public Lfion Of the appli
cstion for the patent TO DO effective.
IL is the duty OF the adverse claimant Ia
commences 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 result OF
the cor supt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth 10 de.
tail the fscts upon which lie bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law, without stating the
facts specially. VIII not be considered In evi.
dence.
An adverse claimant should show Q compli.
snce with the local laws In recording his claim
and in regard TO ex penditures and shall nio 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 ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAxDs.
Where land IL Of little. II any value. for agri.
cultural purposes, but 10 essential to the
nRnnaR dawal0nuuHnt ~ wntnfnu As-. "A
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-
posfts.
Where valuable deposits Of mineral are dis
covered upon . tract sitter the same iAs been
entered as agricultural. but before l stent has
been issued, the parties claiming the mine
may mako application for patent for same,
ana the agricultural entry will be cancelled 10
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after tho patent has been
issued to IN AGRICULTURAL claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claips.
ALIENS.
A foreigner may make q mining location and
dispose OF IL. provided he becomes . citizen
before dispostng Of the mine. Proof that the
party was not a citizen before disposing Of hts
claim must be afirmstively shown.
LoeAtors and intermediate owners, other
than applicsnts. will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance OF patent.
The portion OF . mining claim sold 10 an
alien cannot be patented while such owner il
an siien; bus on his declaration 10 become .
ci,zen MS right dates back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LKDGRs.
Revised btatutes. Section 1850:
Where two or more hedges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contsined within the space Of inter.
section. but the subsequent locstiou shall have
the right OF way through the space of inter
section Tor 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.
rsTvuNvro