Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-28
MISCELLANEOUS.
INFOR NATION
OWNERS AND L0cATORS
....oF....
MI u M E -
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
the record, and eau neither be Withdrawn nor
returned, but must be transmitted 10 the Geu-
eral Land Once.
An application will be rejected when the de-
scription Of tho premises IL erroneous or In
sufficient.
Application for patent will DO rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in q
newspaper designated AZ published nearestths
claim.
~Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending o suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tbs
boundaries OF the claim.
where the clsim was not located 10 accord
sncs with law.
Where several parties own separate and dis
tiEct portions Of . claim, application for
patent inay be made by either for tnst portion
OF the claim owned by him: but where several
parties own undivided interests in . mining
claim all 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 .
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 g deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining Claims situated
within the interior boundaries of 9 town site
. clause 10 inserted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings, structures. lots,
blocks, streets, alleys or other municipal Inn
provements not belonging TO the grantee hore-
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 60 days must olspso between the
frSt and last insertions.
Where the Register designktes the tally issue
| Of Q newspaper for publication of notices VI o
mining application for patent 1t is hot . COM
plianee With law TO change to the weekly edi-
ton Of the same paper without authority Of
the Register.
The existence OF q salt spring on . tract OF
land withdrAws It from the operation VI the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character OF such land Is not allow sd. Land
| containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
| by such adverse claimant.
The papers IN an adverse claim, once hled
cannot be Withdrawn. but become s . part OF the
| record.
When an adverse claim has been hlod ID can.
not DO amended 30 as to embrace = Isrger per.
| tion OF the premises than that described in the
original adverse claim.
| An adverse claim must be made out IN
proper form and flied In the proper local ON oe
| during the period Of public sllon OF the Appli-
cation for the patent TO be effective.
| 1t 10 the duty OF the adverse claimant 10
commence suit In proper form within the re-
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident should
tho failure to commence suit be the res II Of
the corrupt or dishonest action Of his Attsrney,
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 ststiug the
facts specially, Will not DO considered ia evil
| dence.
An adverse claimant should show q compli-
snce with the local laws ia recording his claim
and In regard to OK expenditures. and shall nlo 9
copy OF the original notice Of his location, and
show the nature or extent Of the conhict
alleged.
An allegation of parties to a suit that they
compose the company IL sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAxDs.
Where land is Of little. If any value. for agri.
cultural purposes, but IL essential to tie
proper development OF mining claims. 1t
should BIS 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 issuance OF patent. upon satisfactory
evidence OF the existence OF such valuable de.
posits.
Where valuable deposits OF mineral are dis.
covered upon = tract sitter the Same ,as been
entered as agricultural. but before / stent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled l.,
thaf portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be re-
eeived In payment for claims.
ALIENS.
foreigner may make q mining location and
dispose OF 1t. provided he becomes . citizen
before disposibg of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afirnAtively shown.
Locstors and intermediate o~ners. other
than applicants. will not be presumed aliens.
IN the absence q allegation or objection prior
to issuance Of patent.
The portion of . mining claim sold TO an
alien cannot be patented while such owner IN
an alien; but on his declaration 10 become Q
citizen his right dates back TO his purchase,
sud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 2,33s:
Where two or more lodges cross 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 where two or more
veins unite the olde.t or prior location shall
take the vein below the point Of union, In
Guiding all the space Of intersection.
TUNNELS.
There Ia no authority of law for q tunnel
location 5000 by l. 500 feat A pronap Iocatton |