Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-10
MISCELLANEOUS.
INFOR
.~...FoR....
OWNERS AND L0CAT0RS
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MI M IL /.
APPLICATION FOB PATENT.

APPLICATION FOB PATENT.
Where papers have once been filed with the
Register and keceiver they become Q part OF
the record, aud can neither be Withdrawn nor
returned, but must be transmitted TO the Cen
eral 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 .
new spaper designated as published nearesttne
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was Win
drawn pending . 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 6is-
tinct portions Of . claim, application for
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 ks6OClhklOu may purchase -
many placer locations ss the local Law admits,
and embrace them all in one application for 9
patent.
Two or more lodes cannot be embraced in
one application for 9 patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing TO act as . deputy for the Register and Be
ceiver cannot be recorded as evidences.
/ In all patents for mining claims situated
| -{.hfu the fQtarf0r h0T1ndariHa of n town site
Q clause is inserted 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
in, and all rights necessary or proper to the
occupstion, 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 elapse between the
first and last Insertions.
Where the Register designstes hedatly issue
Of Q newspaper fer publication OF notices OF q
mining application for patent it is not Q COM
pliance with law to change to the weekly edi'
zion Of the same paper without authority OF
the Register.
The existence Of 9 salt spring on q tract OF
land vithdrAvs it from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agrtcultural
character Of such land IL not allowed. Land
containing valuable deposits Of slate may b
entered under the mining Acts.
III ADVERSE CLAIMS.
Adverse claimants must file 6 separate and
distinct claim ags.nst each application which
1t 10 alleged conflicts with the premises owned
By such adverse claimant.
The papers In an adverse claim, once filed
cannot be Withdrawn, but becomes part Of the
record.
When an adverse claim has been filed ii can.
not be amended 30 as to embrace q larger per.
ton OF the premises than that described in the
original adverse claim.
. IN adverse claim must be made out in
proper form and filed in the proper local Office
during the period Of publication Of the Appli-
cation for the patent TO be effective.
It lie the duty Of the adverse claimant TO
commence suit in proper form within the re-
CURED time, and If 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 commence suit be the result Of
the corrupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse laiman 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 evi.
dence.
An adverse claimant should show 9 eompli.
snce with the local Law in recording his claim
and in regard to expenditures. and shall nie q
copy Of the original notice of his location. and
show the nature or extent Of the conflict
alleged.
An allegation of parties 20 q 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,
Tkx- rA&l. $780,
cultural purposes, but is 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 at 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 9 tract sitter the same has been
entered as agricultural, but before patent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
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.
ALlEHHs
A foreigner may make q mining location and
dispose Of 1t. 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 afirmstively shown
Locators and intermediate owners, other
than applicants, will not be presumed aliens.
In the absence of allegation or objection prior
70 issuance Of patent.
The portion OF q mining claim sold 10 an
alien cannot be patented while such owner il
an alien; but on hfs declaration to become q
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LEDGEs
Revised Statutes. Section z, 1886:
where two or more lodges cross or interseci
each other, priority Of title shall govern, and
sncn prior location shall be entitled to all ore
or mineral contained within the space of inter.
section, but the subsequent location shall have
tne right OF way through the space Of inter
section Tor the purpose of the convenient
working or 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.
There is no authority of law for q tunnel
location 5000 by l 800 feet. A proper location
tine width Of the tunn mel for 5000 feet.