Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-19
CELLANEo
INFOR NATION
.~...FoR....
OWNERS AND L0CATORS
....0F....
MI i M E q /.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Whore papers have once been filed with the
Register and receiver they become 9 part of
the record. and can neither b. Withdrawn nor
returned, but must be transmitted TO the Gen-
ersi Land Once.
An application will be rejected when the de-
scription Of the premises IL 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 as published nearest 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 Q sutt 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 = claim. application for
patent may be made by either for tn ct portion
OF the claim owned by hun but where soveral
parties own undivided interests In . mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations ~ the local law admits.
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced 10
one application for Q pstent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn TO before any person purport-
ing to act a. . deputy for the Register and he
ceiver cannot be recorded ~ evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
Q clause ~ linz erted excepting aud 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
In. and all rights necessary or proper to the
occupation, possession and enjoyment Of tho
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
rewspapers 60 days must elapse between the
hrst and last insertions.
Where the Register designates the dsily issue
of . newspaper for publication Of notices of .
mining application for patent IL 10 lot o COM
pliance with law to change TO the weekly edi.
ton Of the same paper without authority VI
the Register.
The existence Of Q salt spring on Q tract OF
land withdrAws It from the operation CT 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 hls Q separate and
distinct claim agGinst each application which
it 10 alleged conflicts with ,he premises owned
by such adverse claimant.
The papers In an adverse claim, once fled
cannot be Withdrawn. but become o. . part VI the
record.
When an adverse claim has been nled IL can.
not be amended 30 rs TO embrace Q larger per.
ton OF the premises than that described In the
| Original adverse claim.
An adverse claim must be made ont In
proper form and hled In the proper local ofice
during the period Of publication OF the Appli'
cation for the patent 70 DO effective.
It 10 the duty Of the adverse lsimAn 10
suit In proper form within tho re-
CURED time. aud II he trusts The uncertain
medium OF the United States mail lie must
abide the consequences. should the delay
ensue, through misfor.uneo or accident. Should
the failure TO suit be the result OF
the corsupto 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 eyi-
dence.
An adverse claimant should chow Q compli.
ance with the local laws In recording his claim
and in regard TO expenditures. aud shall nile a
copy Of the origtnal notice Of his location, and
sNDW sac AotAAc " Aku VA tho SOnuACb
alleged.
An allegation of parties to q suit that shoy
compose the company 10 SUFFICIENT. aud they
are not required to prove that they are the
original locators or the identical parties who
present the adverse claim.
AGRIcULTURAL on MINERAL LANDS.
Where land is Of little, II any value, for aert.
cultural purposes, but 10 essential to the
proper development Of mining claims. n
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 i,snAnce OF patent. upon satisfactory
evidence OF the existence OF such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon Q tract sitter the same ',As been
entered ~ agricultural, but before 1 stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled g.
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 n mining location and
dispose OF 1t. provided he becomes n citizen
before disposing OF the mine. Proof that the
party was not Q citizen before disposing Of his
claim must be afirmstively shown.
Locators and intermediate osners. other
than applicants. will not be presumed aliens,
In the sbsence VI allegation or objection prior
to issuance of patent.
The portion Of o mining claim sold TO an
alien csnnot be patented while such owner ID
an alien; but on his declaration 10 become .
citizen his right dates back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LEDGRs.
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 20 ali 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 olde.t or prior location shall
take the vein below the point Of union. In
GLIDING ell the space Of intersection.
UNNEL
There 10 no authority OF law for . tunnel
location 5000 By ! 500 feet. A proper location
Ia the width Af kha tunna -. b 0n0 Sea- L