Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-11
INFOR NATION
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OWNERS AND LOCATORS
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APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with ths
Register and heceiver they become a part Of
the record. and can neither be Withdrawn nor
returned, out must be to the Gen
ersl 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 a
newspaper designated - 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 o suit in Court commenced BIZ
the adverse
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 . 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 all should join III sn application for .
patent.
A person or Association may purchase as
many placer locations a. 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 q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn 30 before any person purport-
ing to act a. a deputy for the Register aud Re-
ceiyer cannot be recorded ~ evidences.
In all patents for mining claims situated
within the interior boundaries Of Q town site
o clause 10 Inc erted excepting and excluding
all town property. rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
proyements 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
hr-t and last insertions.
Where the Register desiZnAtes the daily issue
of . newspaper fer publication Of notices of g
mining application for patent 1T 10 not q COM
pltance with law 10 change to the weekly edi-
ZION OF the same paper without authority Of
the Register.
The existence Of a salt spring on 9 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 is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate and
distinct Claim sgainst each application which
II 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim, once fled
cannot be withdrawn but becomes 9 part Of the
record.
When an adverse claim has been filed 1t can.
not DO amended so a. to embFare q larger per.
ton of the premises THAI thst described in the
original adverse claim.
| An adverse claim must be made out In
proper form and flied in the proper local ofice
during the period of publication OF the sppli-
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant 0
commence suit in proper form within the re-
CURED time. and II be trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through mssforluneo or accident should
the failure to suit be the result OF
the cor supt 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 claiman. should show q eompli.
ance with the local laws IN recording his claim
and in regard to expenditures. and shall nile a
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 they
compose the company lie sufficient, and they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little. If any value, for aRri.
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 been included in an agricultural
entry, said entry will be cancelled ss any time
prior to issuance of patent. upon satisfactory
evidence OF the existence Of such valaable de-
posits.
Where valuable deposits Of mineral are dis
covered upon . tract after the same sas been
en- tered as agricultural. but before I Aent has
been issued. the parties claiming the mine
may make application for patent for same.
AMI the Agricultural entry will be cancelled 10
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
ceiyed in payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
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 suoh owner 10
an alien; but on his declsrstioni o become Q
citizen his right dates back TO his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDoRs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled 10 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.
TUNNELS.
There is no authority of law for q tunnel
location 5000 by 500 feet. A proper location
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