Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-25
MISCELLANEOUS.
INEOR IN
OWNERS AND LOCATORS
....oF....
ES.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and tSeceiver they become Q part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
ersl Land Once.
An application win be rejected when the de-
scriptlon Vi the premises ID 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 ss 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 suit in Court commenced by
the adverse claimant.
An application for patent will DO 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 W separate and dis
tinct portions of q claim, application for
patent may be made by either for tn at portion
OF the claim owned by him; but where several
parties own undivided interests in q mining
claim sl should join in an application for .
patent.
A person or association may purchase as
$1,000 -. sAO - oAaAt
and embrace them all in one application for q
| patent.
Two or more lodes cannot be embraced in
| one application for a patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as o 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 site
. clause Is ins serted excepting and excluding
sll 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 the
same"
Publication of notice must be made q only
one newspaper for the period of go days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designates the daily Issue
of q newspaper fer publication of notices of o
mining application for patent 1t Is not o COM
pltance with law TO change to the weekly edi-
ton of the same paper without authority Of
the Register.
The existence OF 0 salt spring on q tract Of
land withdrsws 1t from the operation of the
homestead and presumption laws, A hearing
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
It 10 alleged conflicts with the premises owned
by such adverse m
The papers In an adverse claim, once filed.
cannot be Withdrawn, but become s q part of the
record.
when an adverse claim has been filed IL can.
not be amended SO as to embrace q 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 appli-
cation for the patent to be effective.
1t 10 the duty of the adverse claimant TO
commence suit In proper form within the re-
quired 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 suit be the result Of
the cortupto 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
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall nle q
copy Of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit tina. they
compose the company 10 SUFFICIENT, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LAsps.
Where land is Of little, If any value, for agri-
cultural purposes, but IL essential to the
proper development of mining claims, 1t
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 ct any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de-
posts.
Where valuable deposits Of mineral are dis
covered upon Q tract sitter the same has been
en- tered 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 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.
len
foreigner may make q mining location and
dispose OF 1t. provided he becomes 9 citizen
/ e0AOhO AAoBOoAAb Va tAo
party was not q citizen before disposing Of his
claim must be affrmatively 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 o mining claim sold to an
alien cannot be patented while such owner is
an alien; but on his declaration TO become Q
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LED0Es.
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 to 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 shall
take the vein below the point Of union, In
Guiding all the space Of Intersection.