Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-09
MISCELLANEOUS.
INFOR NATION
....FO1...
OWNERS AND L0CAT0RS
....oF....
MI M E 81 /.
APPLICATION FOB PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part of
the record, ana can neither be withdrawn nor
returned, but must be transmitted to the Gen.
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:
Fret Tho notice was published without the
knowledge Of the Register.
Second-The notice was not published In q
newspaper designsted as publishedn 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 = suit in Court commenced by
the adverse claimant.
N application for patent will be rejected
whom the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located Ia accord
ance with law.
Where several parties own separate and dis
ttnct portions Of . claim. application for
OF the claim owned by him.. but where several
parties own undivided interests In u mining
claim sl 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 Q
patent.
Two or more lodes cannot be embraced In
one application for a patent except for placer
clsims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport.
ing to act as . deputy for the Register and Re-
ceiver cannot bs recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
o clause IL Ina erted excepting and excluding
sll town property. rights npon the surface.
and all houses. buildings. structures, lots.
| blocks, streets, alleys or other municipal i'm
provements not belonging 70 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 o 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
hrst and last insertions.
whore the Register designstes the d aiiy issue
of . newspaper for publication of notices OF .
mining application for patent IL 10 not = COM
pliAnce with Law to change to the weekly edi-
zion Of the same paper without authority Of
The existence Of . salt spring on . tract of
land withdrKws 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.
ADvKnsR CLAIMS.
Adverse claimants must Ale 0 separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled.
cannot be Withdrawn. but becomes . part Of the
record.
When an adverse claim has been fled u can.
not be amended so as to embrace Q larger per-
ton Of the promises 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 is the duty Of the adverse claimant 10
commence suit In proper form within the re-
CURED time. and II he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the DELAY
ensne, through misfortune or accident. Should
the failure TO suit be the result OF
the cor d or dishonest sctton Of his attorney,
the Interior Department. cannot redress the
wrong.
An adverse claimant should set forth in de.
tail tho 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 Q compli.
ance with the local laws In recording hts claim
and In regard to ex expenditures. aud shall nls Q
copy OF the original notice Of his location, and
eHON ~ a1tufo VI oAtcAt ~ tue COnulct
alleged.
An allegation Of parties 10 g suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original locstors or the identical pasties who
present the adverse claim.
AGRICULTURAL on MINERAL LAHps.
Where land 10 Of little. II any value, for agri.
cultural purposes. but 10 essential to the
proper development Of mining claims. II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have boon included la an agricultural
entry. said entry will be 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 = tract sitter the same aAs been
entered a. 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 to
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 symsn for claims.s
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes Q citizen
before disposing Of thu mine. Proof that the
parry was not citizen before disposing Of his
claim must be aftrmstively shown.
| Locators and intermediate owners. other
than applicants, Will not be presumed aiiens,
In the absence Of allegation or objection prior
70 Issuance Of patent.
The portion Of . mining olaim sold to an
alien cannot be patented while such owner IL
an alien: bus on his declaration TO become q
citizen his right dates back to HIS purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LED0Rs.
Revised Statutes. Section 1850:
Where two or more lodges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled TO eli ore
or mineral confirmed within the space of inter.
section. but the subsequent location shall have
tns right OF way through the space Of inter
section for the purpose Of tho 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.
TUNNELa
There 10 no authority Of law for Q tunnel