Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-24
MISCELLANEOUS.
INFOR
OWNERS AND L0cATORS
...,oF....
MI M E -
APPLICATION ron PATENT,


Where papers have once been fled with the |
Register and Receiver they become 0 part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen. |
cral Land Once.
An application viii be rejected when the dc.
scription Of the premises 10 erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
knowledge Of the Register.
Hecond-The notice was not published In .
new spaper designated ~ published nearest the
T~hird-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
tinct portions Of q claim. application for
patent may be made by either for IN ct portion
Of the claim owned by him but where several
parties own undivided interests in . mining
patent.
A person or association may purchase as
many placer locations ~ the local law admits,
and embrace Thorn all In ono application for .
patent.
Two or more lodes cannot be embraced In
one application for . patent except for placer
claims embracing two or more ioacs within
their boundaries.
Papers sworn to before any person purport-
ing 70 act as q deputy for the Register and Re
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries OF q town site
. clause 10 inf serted 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
tn. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made u only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers co days must slapse between the
| frat and last insertions.
Where the Register d ssignstes the d ally Issue
Of . newspaper for publication Of notices of 9
mining application for patent Ii 10 hot o COM
| plianc9 with law 20 change to the weekly sdi-
ton OF the same paper without authority Of
the Register.
The existence of @ 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 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale 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, onco died.
cannot be Withdrawn. but becomes . part Of the
| record.
When an sdverse claim has been nled II can
not be amended so a. TO embrsce . larger per-
ton OF the premises than thst described In the
original adverse claim.
An adverse claim must be made out In
proper form and hied In the proper local ON CO
during the period Of publication Of the appii-
cation for the patent TO be effective.
II is the dTty of the adverse ciaimsn 10
commence suit In proper form within the re-
quired 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 resslt Of
the cor rupt 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 Ia evil
dence.
An adverse claimant should show o compli.
ance with the local law In recording his claim
and In regard 10 expenditures. aud shall nls Q
copy Of the original notice Of his location. and
show the nature or extent OF the coDfict
alleged.
An allegation Of parties TO . suit that they
compoae the company 10 sufficient. aud they
are not required to prove that they are the
original locstors or the identical astles who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land 10 of little. II any value. for sgri.
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 DO 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 o tract after the same las been
en- tered rs agricultural. but before a4ent has
been issued, the parties claiming tho 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-
ceived In payment for claims.
ALIENS.
A foreigner may make 9 mining location and
dispose Of It.. 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.
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 portion Of q mining claim sold to an
alien cannot be patented while such owner IL
an alien; but on his declaration to become .
citizen his right dates back TO his purchase,
sud he may thoreupon secure United States
patont for his claim.
CROSS LFpors.
Revised Statutes. Section 2,338:
Where two or more ledg cross or intersect
each other. priority Of title shall govern, and
such prior location shall be entitled 70 all 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 where two or more
veins unite the Oldest or prior location shsll
take the vein below the point Of union, In.
GLIDING all the space of Intersection.
NEE
There 10 no authority OF law for . Tunnel
location 5000 by ]. 800 feet. A proper location
is the width OF the tunnel for s. 900 feet,