Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-07

APPLICATION FOR PATENT,

"aSAC ReRNA1 oASo o1CA AlCu WAN IL
Register and Receiver they become q 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the record, and can neither be withdrawn nor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 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 Q
newspaper designated as published nearestthe
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending q 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
tlnct portions of o claim. application Tor
patent may be made by either for that portion
OF the claim owned by HIM but where several
parties own undivided interests in q mining
claim all should Join In an application for 0
patent.
A person or association may purchase as
many placer locations as the local law admits.
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for o 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 he
| ceiver cannot be recorded MS evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
| q clause is ina 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
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 tue period OF 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers so days must elapse between the
fret and last insertions.
where the Register desi gnstes the d ALL issue
of a newspaper for publication of notices OF .
mining application for patentit is lot q com"
pliance with law TO change TO the weekly edi-
tion of the same paper without authority Of
the Register.
The existence OF a salt spring on q 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 laim3nt must Mo q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, but becomes o part oil the
record.
when an adverse claim has been filed IL can.
not be amended so as to embrace q larger per
tton OF the premises Than that described in the
original adverse claim.
An adverse claim must be made out In
4 pr0Der farm and flied I'm the proncr lncal ofa 70
during the period Of publication Of the appli-
cation for the patent to be effective.
1t is the duty of the adverse claimant TO
commence 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, through misfortune OF accident. Should
the failure to sui: be the result Of
the corrupt or dishonest &C tIon OF his attorney,
the Interior 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 In evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. aud shall nls q
copy OF the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
M aiAsbhtIOu u pkrtltb 10 u suls tDat they
compose the company is sufficient. and they
are not required to prove that they are the
original ~locstors or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value, for sgri-
cultural purposes, but Is 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 be cancelled as 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 n tract sitter the same ias been
entered as agricultural, but before I 1tent has
been Issued, the parties claiming the mine
may make application for patent for same,
aud 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
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 1t. provided he becomes a ~cftizen
before disposing of the mine. Proof that the
party was not q citizen before disposing of his
claim mnst be allrmstiyely shown.
Locators ana 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 to become =
citizen his right datos back to his purchase.
aud he may t%hereupon secure United Ststos
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2.336:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. ana
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 or 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.
TUNNELS,
There 10 no authority of law for O tunnel
location 5000 BY 800 feet. A proper location
Is the width of the tunnel for 1000 feet.
There Is no provision OF law for patentinR
tunnel locations, but lodes discovered In run
nlng q tunnel may be patented in like manner
as other lodes.
The right ia granted to tnnnel owners to