Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-15
MISCELLANEOUS.
INFOR NATION
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OWNERS AND LOCATORS
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MI i E g
APPLICATION yoR PATENT.

APPLICATION FOR PATENT.
Where papers have once been dled 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 and can mother be withdrawn nor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 tho do.
scription of the premises 10 erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
First . The notice Was pubiished without the
knowledge Of the Register.
~Second-The notice was not published in Q
new designated ~ published nearest the
claim.
Third-Record title was found detective,
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 define the
boundaries OF the claim.
Where the claim was not located In accord
ance with Law.
Where several parties own separate and dis
tlnct portions Of o claim. application tor
patent may be made by either for tn at 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 %
many placer locations 90 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 ~ . deputy for the Register and He
ceiver cannot be recorded 10 evidence.
In all patents for mining claims situated
within the interior boundaries Of Q town site
D clause is ins erted excepting and excluding
a - - -
| and all houses. buildings. structures, lots,
blocks, streets, alleys or other municipal TN
/ 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 O only
one Newspaper for the period Of 80 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers 10 days must slapse between the
fret and Last insertions.
Where the Register designates hedsily issue
Of Q newspaper fer publication of notices Of .
mining application for patent 10 10 not . COM
pliance With law to change 70 the weekly edi.
tion Of the same paper without authority Of
tho Register.
The existence Of Q salt spring on 9 tract of
land withdraws 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 claim ants must nle Q separate and
distinct claim agsinst each application which
It 10 alleged conflicts with the premises owned
by such adverse claimant.
Thu papefsi In an adverse claim, once hisd,
csnnot be Withdrawn, but becomes Q part Of the
record.
When an adverse claim has been nied II can
not be amended 30 as to embrace o larger por-
Il hOn of tha UPamfaAa than that daaerfhaf IN tna
original adverse claim.
An adverse claim must be made out in
proper form and nled in the proper local on co
during the period Of publication Of the appli-
cation for the patent 10 be effective.
IL 10 the duty Of the adverse claimant 10
suit In proper form within the re-
CURED time. and II he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue.t through misfortune or accident. Should
the failure 70 suit be the result Of
the corruptor dishonest action Of his sttsrney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bsses his adverse
claim. A statement In general terms, embody-
ing conclusions Of law. without stating the
facts specially. will not be considered In EVIL
dence.
An adverse claimant should show 9 compli.
ance with the local laws In recording his claim
and In regard to expenditures, and shall ale .
copy Of the original notice Of his location. and
show the nature or extent OF the conflict
alleged.
An allegation of parties TO o suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little, II any value, for aeri.
cultural purposes. but 10 essential TO the
proper development Of mining claims, It
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will DO cancelled ~ 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 sitter the SAME ass been
entered ~ agricultural. but before 5tent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
nat portion OF the land embraced by said
Where mineral deposits are discovered on
agricultural lAndf after the patent has been
issued 70 an agricultural clAitasnt. they pass
with the patent.
Agricultural College scrip cannot be re-
cefved In payment for clkims.
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not . citizen before disposing Of his
claim must be Afarmatively 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 q mining claim sold to an
alien cannot be patented while such owner 10
an alien: but ON his declaration 10. become =
citizen his right datos back to his purchase.
aud ne may thereupon secure United States
patent for his claim.
CROSS LEDGE
Revised Statutes. Section 2.s36:
Where two or more ledges 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-
section for the purpose Of the convenient
working OF the mino. 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.
TUNNELS.
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