Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-19
MISCELLANEOUS.
r MATION
-...FoB---.
OWNERS AND L0CAT0RS
....oF..--
M ES.
APPLICATIONS roz PAINT.

AFPucAr1ox rcR PAINT.
Where papers hsvs ooee been filed with the
Register NnG Receiver they become . part OF
the record. aud can neither BE- Withdrawn nor
retained. but must be transmitted 70 the zen
e-2l Land OEce-
An application viii be rejected when the de-
seripsion Of the premises IL erroneous or in
s11cient
Application for patent Will be rejected be
cause
Pint The notice Was published without the
knoSI~dge II the Register.
S@cond-Ihe notice was not Published in 3
rev paper designated a. Published nesrestfhe
els1.n-
T~hird-Record title was found defective.
ard
Foursh-A previous application had been
made fer the same premises, which was with
drawn pendfng 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
Ence with Ass.
where several parties own separate and dis
tiEcs portions u . claim. application for
pste4s may be inside By esther for tai 81 portion
q the claim owned by him: but where several
parties ovn undivided interests in Q mining
claim al sao1ld 5sin IN an application for .
parent.
person or association may purchase -
z1xny placer locations ~ the local Law admits.
and embrace them all in one application for 9
patent
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing 20 act 40 q deputy for the Register and BE
csirer cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries Of 9 town site
0 clause 10 Inserted "excepttng and excluding
al town property, rights upon the surface.
and all houses, buildings. structurcs. lots,
blocks, streets, alleys or other municipal im-
pr0vemeHts not belonging 70 the grantee here
II. and all rights Necessary or proper 10 the
occupation, possession and enjoyment Of the
same
Publication Of notice must be made q only
one newspaper for the period Of 50 days.
Sstice must be Published 10 consecutive
weeks in weekly owspapsrs. and In daily
aevspspsrs 90 days must elspse between the
Sri and last insertions.
where the Register desf gnstes the daily issue
Of snewspsper fer publication Of notices of .
mining application for patent 1t 10 not 9 con-
ptl&nce With Law 10 change 10 the weekly edi-
uon Of the same paper without authority Of
the Register.
The existence Of 9 salt spring on 9 tract Of
land withdrsws it from the operation Of the
homestead and prescription laws. A hearing
fer the purpose OF proving the agricultural
eharseter Of such land is not allowed. Land
containing valuAble deposits IL slate may be
entered under the mining Aets.
ADVERSE CLAIMS.
Adverse claimants must file 3 separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim. once hled,
cannot De withdrawn, but becomes . part Of the
record.
When an adverse claim has been fled ii can
not be amended so as TO embrace q larger por-
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and fled in the proper local oniee
during the period Of publication OF the sppii-
cation for the patent 70 be effective.
II Is the duty Of the adverse claimant to
commences suit in proper form within the re-
CURED time, and IL he trnsts ths unccrtzin
medium Of the United States mail he must
abide the consequences, should the delxy
ensue, through misfortune or accident. Should
tie failure ~ commence suit be the res 1t Of
the corrupt or dishonest action Of his sttsrney,
the interior Department cannot redress the
wrong.
An sdverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A ststement1 In general terms, enbody-
ing conclusions of law, without stating the
facts specially, will not be considered ia eyi-
dence.
An adverse claimant should show 8 compIi-
sncs with the local laws IN recording his cisim
and In regard to expenditures, and shall ME q
copy Of the original notice of his location. and
show the nature or extent Of the conflict
alleged.
An allegation Of parties TO 3 suis that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original l0cAtnFa Qr fha fdanffral a-f4aa ~hAt
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little, II 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 ~ .ay time
prior to issuance Of patent, upon satisfactory
posiH.
Who're valuable deposits Of mineral are dis
covered upon Q tract sitter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same.
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-
ceiyed In payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose OF II. provided he becomes q citizen
before disposing Of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be affirmstiveiy shown,
Locstors and intermediates owners, other
tnsn applicants, will not be presumed aliens,
IN the absence Of allegation or objection prior
70 Issuance of patent.
The portion Of 4 mining claim sold to an
Allen cannot be patented while such owner 10
an alien; but on his declaration 20 become .
ciuzen his right dates back TO his purchase.
and ne may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
revised Statutes. Section 1885:
where two or more lodges cross or intersect
eAca other, priority Of title shall govern, and
sucn prior location shall be entitled to all ore
OF mineral contained within the space OF inter
secuon. ont the subsequent location shall have
me night Of way through the space of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
xsins unite the oldest or prior location shall
sSks the vein below the point Of union, In
eiuuing all the space OF intersection.