Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-25
MISCELLANEOUS.
INFOR
~....ToR...
OWNERS AND LOCATORS
....of....
MI i
APPLICATION FOB PATENT.

APPLICATION FoR PATENT,
Where papers have once been filed with the
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the record, and can neither be Withdrawn nor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 Once.
An application will be rejected when the de.
scription Of the % 10 erroneous or in.
SUFFICIENT.
Application for patent will be rejected be-
First The notice was published without the
knowledge of the Register.
Second-Thc notice was not published In q
new spaper designated as published nesrestt the
claim.
Third-Record title was found defective.
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 W separate and dis
tinct portions Of 9 claim. application for
patent may be made by either for tn at portion
Of the claim owned by hun: but where several
parties own undivided interests in Q mining
| claim all should join In an application for u
patent.
many placer locations ~ the local law admits.
and embrace them all In one application for Q
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 as q deputy for the Register and Re-
ceiver cannot be recorded 81 evidences.
In all patents for mining claims sttusted
within the interior boundaries OF 9 town site
L . .t.naA On fHe artaA ssAyaantfnn anA aNrluAinU
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 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
drst and last insertions.
Where the Register designates the daily issue
Of . newspaper fcx publication of notices of .
mining application for patent 1t 10 not 9 com.
pliAncs with law TO change to the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence Of 3 salt spring on Q trac. Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the Agricultural
character Of such land Ia not allowed. Land
1 IOhbA1GA1k N1AAsOA9 atRO&Aks Va &A8tN A4ey "
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must nle q separate and
distinct claim agAinst each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once hisd
cannot be Withdrawn, but become s Q part OF the
record.
When an adverse claim has been hled 1t can
not be amended so az TO embrace q larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and hled in the proper local Office
during the period OF publication OF the sppli-
cation for the patent to be effective.
1t 10 the duty OF the adverse claimant TO
commence suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO suit be the result Of
the corrupt 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 he bases hts 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. and shall nle q
copy OF the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to = suis that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original iocators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
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.
Where 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
evidence OF the existence of such valuable de-
posits.
Where valuable deposits OF mineral are dis.
covered upon . tract after the same aas been
entered 90 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 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
Agricultural College scrip cannot be re.
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location ana
dispose Of IL. provided he becomes q citizen
before disposipg Of the mine. Proof that the
party was not . citizen before disposinR Of his
claim must be Afirmatively shown.
Locstors and intermediate owners, other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The porioL of . mining claim sold to an
alien cannot be patented while such owner is
an alien; but ON hts declaration 70 become a
citizen his right dates bach TO his purchase.
sud he may th%ereupon secure United States
patent for his claim.
CROSS LKDGEs.
Revised BtAtutes. Section 1856:
Where two or more lodges GROSS or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled 10 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 mine. And whore two or moro
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 a tunnel,
location 5000 by 1900 feet. A proper location