Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-11
MISCELLANEOUS.
INFOR n ATfC
....EoR....
OWNERS AND LOckTORS
MI Il M E g. /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where paper have once been filed with the
Register and tteceiver they become . part Of
the record, and can neither Do Withdrawn nor
returned. but must be transmitted TO the Gen.
eral Land Once.
An application will be rejected when tho 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-Ihe notice was rot published in o
newspaper designated as published nearest the
claim.
Third-Rocord title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending y 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
tinct portions VI . claim. application for
patent may be made by either for tn ct portion
OF the claim owned by him; but where several
parties own undivided interests in y mining
claim oil should join IN an application for =
patent.
A person or association may purchase az
many placer locations rs 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 lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as n deputy for the Register and He
ceiver cannot be recorded 40 evidence.
In all patents for mining claims situated
within tho interior boundaries of . town site
Q clause ts In, erted Excepting and excluding
all town property. rights upon the surface.
aud Gll 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 the period OF 60 days.
| Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers go days must elspse between the
| frat and last Insertions.
Where the Register design stes thed ally Issue
Of o newspaper for publication Of notices VI q
| mining application for patent II 10 not 9 COM
| plisnce with law to change to the weekly edi.
ton of tho same paper without authority Of
the Register.
The existence Of o salt spring on . tract OF
| land withdrsws It from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
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 zach application which
It 10 alleged conficts with the premises owned
by such adverse claimant.
| The papers In an adverse claim, once hled,
cannot be Withdrawn. but become 90 Q part OF the
record.
When an adverse claim has been fled II can,
not be amended so IS to embrace Q larger per
ton OF the promises than that described IN the
original adverse claim.
An adverse claim must be made out IN
proper form and filed In the proper local off &C
during the period Of publication Of the appli'
cation for the patent to be effective.
/ 1t is the duty Of the adverse claimant 10
| commence suit in proper form within the re.
quired time. and IL he trusts lhe Uncertain
medium Of the United States mali he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
tho corrupto or dishonest action Of his attorney.
the Interior Department annot 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 Ia evi-
dence.
An adverse claimant should show Q compli.
ance with the local laws In recording hts claim
and in regard to expenditures. aud shall ale 4
copy Of tho 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 sufhcient. and they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
AoRIcuLTURAL ON MINERAL LAxDs.
Where land is of little. II any value, for agri.
cultural purposes. but 10 essential to the
proper development Of mining claims. IL
should be disposed Of under the Mining Act.
Whore lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance Of patent. upon satisfactory
posits.
Where valuable deposits OF mineral are dis.
covered upon . tract sitter the same ias been
entered a. agricultural. but before atent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
issued to an Agricultural claimant. thsy pass
with the patent.
Agricultural College scrip cannot be re-
oeived In payment for claims.
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 afirmatively 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 LxDGEs.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to ell 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 the mine. 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.
There 10 no authority Of law for Q tunnel |
location 5000 by 1900 feet. A proper location
10 the width OF the tunnel for 5000 feet.