Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-21
MISCELLANEOUS.
INFOR
FOR.
OWNERS AND L0CAT0RS
....OF....
MI E - .
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Office.
An application will be rejected when the de-
scription Of the premises is 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 o
new designated as published nesrestthe
claim.
Third-Record title was found defective.
Fourth-A previous application had been
made for the same premises, which was with
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 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 a mining
claim all should Join in an application for q
patent.
A person or association may purchase as
many placer locations IS the local law admits,
and embrace them all in one application for g
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 set as q deputy for the Register and Re
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of Q town site
o clause Is ins erted excepting and excluding
l all f0Un nrnnArfv rf0hfa nnnn fhA ar.fa1a
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 o only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
newspapers 60 days must elspse between the
first and last insertions.
Where the Register designates the daily issue
of 9 newspaper fer publication of notices of q
mining application for patent 1t is not g COM
pliance with law to change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence of . salt spring on q tract Of
land withdraws it from the operation Of the
homestead and pre-emption 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 file g 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 filed.
cannot be Withdrawn, but becomes o part Of the
record.
When an adverse claim has been filed II can.
not be amended so as to embrace q larger per
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 Is the duty Of the adverse claimant TO
suit in proper form within the re-
quired time, and II 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 10 suit be the resalt Of
the cor rupt or dishonest action Of his att0rpey,
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, viii 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, aud shall nile q
copy of the original notice of his location, and
show the nature or extent Of the onfic
alleged.
An allegation Of parties to q suit that they
compose the mpan is 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.
Where land is of little. If any value. for agri-
cultural purposes, but is essential to the
hanAA. ~ g, - -
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 81 any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such vAlaable de-
posts.
Where valuable deposits of mineral are dis.
covered upon q tract sfter 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 viii 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.
ALIENS.
A foreigner may make q mining location and
uisposo OF Ns provided ne becomes o citizen
before disposing Of the mine. Proof that the
party was not g citizen before disposing Of his
claim must be afhrmatively shown.
Locstors and intermediate owners, other
than applicarts. will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of . mining claim sold to TN
alien cannot be patented while such owner 10
an alien; but on his declaration to become o
citizen his right dates back to his purchase,
and he may t~hereupon secure United States
patent for his claim.
| CROSS LEDGEs.
Revised Statutes. Section 1855;
Where two or more lodges Cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ere
or mineral cont, ined 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