Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-30
INFOR NATION
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OWNERS AND LOCATORS
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MI M e 81


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the record, and can neither be withdrawn nor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 ONCE.
An application will be rejected when the
scription OF the premises is erroneous or
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 as 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 . sult in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately dehne 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 Vt . claim, application for
patent may be made by either for tn st portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim al should join in an application for q
patent.
A person or association may purchase a.
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 loaes within
their bound aries
Papers sworn TO before any person purpors-
ing TO act ~ . 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 10 inserted excepting and excluding
ell town property, rights upon the surface.
and all houses, buildings, structures. lots,
blocks. streets, alleys or other municipal i'm
provelnents not belonging 10 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 VI co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elspse between the
frat and last insertions.
Where the Register esignstes thedsily Issue
Of Q ne wspsper for publication Of notices of .
mining application for patent II 10 not . COM
pliance With law TO change to the weekly edi-
tton Of the same paper without authority Of
the Register.
The existence Of q salt spring on g tract OF
land withdrAws 1t from the operation Of the
homestead and prescription laws. A hearing
for the purpose Of proving the Agricultural
character Of such land fs not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADyEEsE CLAIMS.
Adverse claimants must nle 9 separate and
distinct Claim against each application which
It IL alleged conflicts with the premises owned
by such adverse claimant.
The papers In All adverse claim, once filed
cannot be withdrawn. but becom es g part OF the
record.
When an adverse claim has been nled IL can.
not be amended so as TO embrace = larger per
ton OF the premises than that described In the
original adverse claim.
An adverse clsim must be made out IN
proper form and hied ia the proper local OH &c
during the period Of publication OF the sppii-
cation for the patent TO be effective.
| 1t 10 the duty of the adverse claimant o
commence suit In proper form within the re-
Quired time, and II he trusts abe uncertain
medium OF the United States mail he mus,
abide the consequences. should the delay
ensue, through misfortune or accident Shout
the failure 10 commence suit be the result OF
| the cor fupt or dishonest action OF hts Atterney.
the Interior Departments 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, enbody-
ing conclusions Of law, without stating the
facts specially. will not he considered In evi.
dence.
An adverse claimant should show q compli.
ence with the local laws in recording hts claim
and in regard to expenditures. and shall hle q
copy Of the original notice Of his location, and
show the nature or extent OF the confilc.
alleged.
An allegation Of parties to q suit that they
are not required to prove that they are thu
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAxDs.
Where land is OF little. II any value, for sgri.
cultural purposes. but 10 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 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 9 tract after the same sas been
entered az agricultural, but before I stent 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
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location
dispose OF 1t. provided he becomes q citizen
A4A48s 4kVCh taGt taD
party was not q citizen before disposing Of hts
claim must be afhrmatively shown.
Locators 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 q mining claim sold to an
alien cannot be patented while such owner 10
an alien; but on his declArationi o become .
citizen his right dates back to HIS purchase,
aud he may thereupon secure United States
patent for his claim.
GROSS LED0xs.
Revised Statutes. Section 2,3s6:
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.
There Is no authority of law for Q tunnel
location 5000 by ], 800 feet. A proper location