Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-16
IMFOR MATlON
....foE....
OWNERS AND LOchT0RS
~....oF....
MI L III e. g.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become a 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the record, and can neither be Withdrawn nor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
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-Then 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 Tor the same premises, which was WITH
drawn pending q 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 ia 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; bus where several
parties own undivided interests IN . mining
claim all should join in an application for a
patent.
A person or association may purchase ss
many placer locations rs the local law admits.
and embrace them all In one application for 8
patent.
Two or more loies cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundsrj es
Papers sworn TO before any person purport-
ing to act az a deputy for the Register and Re-
ceiver caDlot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries Of q town site
o clause is inserted "excepting and excluding
all town property, rights upon the surface.
l and all hauaaa hnAIAtnna atr1rturaa IDtu
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
ono 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
frat and last insertions.
Where the Register d signstes the daily issue
of q newspaper for publication of notices of a
mining application for patent 1t Is not q COM
plianoe with law TO change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence OF q salt spring on 8 tract OF
land withdrAws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land Ia not allowed. Land
containing valuable deposits of slate may be
entered under the mining Aets.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim agsinst each application which
1t IL alleged conflicts with the premises owned
by such adverse claim mt
Tho papers In an adverse claim, once filed
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed {. can.
not be amended so as TO embrace u 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 OIL &C
during the period of publication OF the appli.
q cation for the patent to be effective.
1t Is the duty OF the adverse claimant {
l commence suit in proper form within the re
quired time, and If he trusts the uncertain
. medium Of the United States mail he inusl
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor rupt or dishonest action OF his attorney
the Interior Department cannot redress tn,
wrong.
An adverse claimant should set forth in do
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 a compu.
ance with the local laws in recording his claim
and in regard TO expenditures. and shall hle
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 that The,
| compose the company is sufficient, and they
are not required to prove that they are tn,
original ~locators or the identical parties whC
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value, for sgri,
n cultural purposes, but 10 essential to tbs
proper development of mining claims. IL
should be disposed of under the Mining Act,
Ill Where lands containing valuable mineral
deposits have been included in an agricultural
= entry, said entry will be cancelled AZ any time
prior to issuance of patent. upon satisfactory
evidence OF the existence of sucL valuable de.
posits.
Where valuable deposits Of mineral are dia.
covered upon q tract after the same sss been
entered as Agricultural, but before / jtent has
been Issued, the parties claiming the mine
may make application for patent for same
d and the agricultural entry will be Cancelled t.
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 A foreigner may make q mining location
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing Of hts
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
to issuance of patent.
The portion Of a mining claim sold to an
alien cannot be patented while such owner Is
an alien; but on his declarationi o become o
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
GROSS LEDoEs.
Revised Statutes. Section 1886:
where two or more lodges cross or intersect
each other, priority Of title shall govern, and
sucn prior location shall be entitled 20 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
| Lako the vein hAlnW iha mint Of 1inion In.