Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-15
~SCELLANEOU
INFOR NATION
.~...FoR....
OWNERS AND LOCAT0RS
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MI Z III - 9 .
APPLICATION FOR PATENT.

| APPLICATION FOR PATENT.
Whero papers have once been filed with the
| Register and Receiver they become o 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the record, and can neither be withdrawn nor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-
scrtption Of the premises is erroneous or In
sufficient.
Application for patent will BIO rejected be-
| cause:
First = The notice was published without the
knowledge of the Register.
~Second-The notice was not published in q
newspaper designated as published nearest the
| claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending u 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 lecGtod In accord
ance with law.
tinct portions Of o claim. application Tor
patent may be made by either for tn ut portion
OF the claim owned by him: but where several
parties OWL undivided interests In . mining
patent.
A person or association may purchase as
many placer locations 40 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 a patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport.
ing to act az q deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims stu lated
within the interior boundaries of Q town site
o clause Is Inserted Excepting and excluding
all town property, rights upon the surface,
and all houses. buildings, structures, lots,
blocks, streets, alleys or other municipal I'M
PROPONENTS not belonging 10 the grantee here
In, and all rights necessary or proper to tho
oecupstton, 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 GO days must elapse between the
hrst and last insertions.
Where the Registerdesignatea thedsily issue
OF q newspaper for publication Of notices Of q
D mining application for patent 1t IL not o COIN
AL pnance with law TO change to the weekly edi.
tion of tho same paper without authority of
the Register.
The existence OF Q salt spring on 9 tract OF
land withdraws 1t from the operation of the
homestead and ~pre-emption laws. A hearing
for the purpose Of proving the agricultural
character OF snch land lie not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
It is alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, onco fled
cannot be withdrawn, but becomes Q part OF the
record.
When an adverse claim hos been filed IL can
not be amended 30 as to embrace q larger per
tion OF the premises than that described In tnt
original adverse claim.
An adverse clsim must be made out IL
proper form and hled In the proper local ofics
during the period Of publication OF the Appli,
cation for the patent TO be effective.
1t Ia the duty OF the adverse claimant tc
commence suit in proper form within the re
quired time. and IL he trasts shs 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 resI OF
the orfupto or dishonest action of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which no bases his adverse
claim. A statement in general terms, enbody
ing conclusions of law, without stating the
facts specially, will not be considered IN evi-
dence.
An adverse claimant should show o compli
ance with the local laws In recording hts claim
and in regard TO ex expenditures. aud shall nle d
copy OF the original notice Of his location, and
show the nature or extent OF the confici
, alleged.
AL biltHbuOu Oh phrLfb 10 n SUIT tElt EIey
compose the company 10 sufficient, and they
are not required to prove that they arc ths
original ~locators or the identical parties who
present the adverse claim.
AoRIoULrURAL Oh MINERAL LANDS.
> Where land is of little. If any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
should be disposed OF under the Mining Act,
Where lands containing vsluablc mineral
deposits have been included In IN agricultural
entry, said entry will be Cancelled 81 any time
prior to issuance of patent. upon satisfactory
evidence Of the existence Of such valssbIe dc.
posts.
Where valuable deposits OF mineral are dis.
covered upon y tract sitter the same aas been
entered as 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 H.
that portion Of the land embraced by said
Whore mineral deposits are discovered on
agricultural lanes after the patent has been
issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose OF II. provided he becomes 9 citizen
before disposing Of the mino. Proof that the
party was not a citizen before disposing Of his
claim must be afirmativeiy 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 o mining claim sold to an
alien cannot be patented while such owner Is
an alien; but on HIS declaration to become q
citizen HIS right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or i~ntersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined 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 tho 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.