Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-08
MISCELLANEOUS.
INFOR
....Fok....
OWNERS AND L0CAT0RS
.-..Of....
MI M T. . /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers Lave once been hled with the
Register and Receiver they become 9 part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted TO the Gen.
ersl Land once.
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 rs published nearest the
claim.
Third-Becord 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 claimant.
An application for patent will be rejected
when the survey does not accurately dehne the
boundaries OF the claim.
Where the claim was not located in sccord-
ance with law.
where several parties own separate and dis
tinct portions Of 9 clsim. application for
patent msy be made by either for tn Of portion
OF the claim owned by him; but where several
parties own undivided interests in Q mining
claim sll should join in an application for q
patent.
A person or association may purchase as
many placer locations as the local Law admits,
and embrace them all in one application for 3
patent.
one application for q patent except for placer
claims embracing two or more loaes within
their boundaries.
Pspers sworn to before any person puYport-
ing to act as q deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF Q town cite
q clause is inserted excepting and excluding
III
and sl houses, buildings, structures, lots.
blocks, streets, alleys or other municipal i'm
proyements not belonging to the grantee here
in, and sill 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 60 days must elspse between the
fret and last insertions.
Where the Register designates the daily issue
Of & newspaper for publication Of notices of .
mining application for patent il is not q COM
pliAnee with law TO change to the weekly edi-
ZION Of the same paper without authority of
the Register.
The existence Of 3 salt spring on 8 tract of
land withdrsws it from the operation Of the
homestead and mi 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 claimants must file 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 hled,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed it can
not be amended so as TO embrace 9 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 filed In the proper local Office
during the period of publication OF the sppli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant to
commence suit in proper form within the re-
quired time, and II he trusts the uncertain
medium of the United States mail be must
abide the consequences, should the delay
ensue. through misfortune or accident. Should
the failure TO commence suit be the res 1t OF
the orrupt 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 his adverse
claim. A statement in general terms, embody-
ing conclusions Of Law, without stating the
facts specially, will not be considered In evil
denee.
An adverse claimant should show 9 compli-
ance with the local laws in recording his elsim
and in regard TO expenditures. aud shall nle .
/ ORI VI u EAkll OtAl "a ~ - hI4
show the nature or extent Of the conflict
alleged.
An allegation Of parties to s suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little. If any value. for agri.
cultural purposes, but is essential 10 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 ~ any time
prior TO issusnce of patent, upon satisfactory
evidence of the existence of such valuable de-
posts.
Where valuable deposits of mineral are eis-
covered upon 8 tract after tie same has been
entered as agricultural, but before patent hiss
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
with the patent.
Agricultural College scrip cannot be re-
ceiyed In payment for claims.
ALIENS.
A foreigner may make 9 mining location and
dispose Of IL. 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 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.
Tha portion of . mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration TO become .
citizen his right dates back to his purchase,
and ne may thereupon secure United States
patent for his claim.
CROSS LHDGRs.
Revised Statutes. Section 1855:
Where two or more led ges cross or intersect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 all ore
or mineral eontsined 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
tske the vein below the point Of union, in
Guiding all the space Of intersection.
TUNNELS.
There ia no nutharitv NJ law for n tunnel