Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-09
INFOR NATION
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OWNERS AND LOCAT0RS
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MI Z M r. G 4.
APPLICATION ron PATENT.

APPLICATION ron PATENT.
Where papers have once beon fled with the
Register and Receiver they become . part of
the record, aud can neither be withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected whom 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 IS published nearest the
claim.
T~hird--Record title was found defective,
and
Fourth--A previous application had been
made Tor the same premises, which was with.
drawn pending 9 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 aud 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 W undivided interests in q mining
claim all should join In an application for u
patent.
a person or association may purchase As
many placer locations rs the local law admits,
and embrace them ell in one application for a
patent.
Two or more lodes cannot be embraced In
one application for a 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 rs evidence.
In all patents for mining claims situated
within the interior boundaries Of a town site
n clause IL Inserted excepting and excluding
all town property. rights upon the surface.
aud 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 q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In daily
wspApe co days must elspse between the
fret and last insertions.
Where the Register designAtes the d ally issue
of Q newspaper for publication Of notices of Q
mining application for patent ii is not q COM
pliance With law TO change TO the weekly edi-
tion OF the same paper without authority Of
the Register.
The existence OF q salt spring on 9 tract Of
land withdraws 1t from the operation Of the
homestead and p~re-emption 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 file 6 separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
by such adverse ciaimAnt
The papers In On adverse claim, once fled
cannot be Withdrawn, but become s 9 part Of the
record.
When an adverse claim has been hIed II can.
not be amended so as to embrace q larger por.
tion OF the emil than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and flied In the proper local Off ca
during the period OF publication Of the appli.
cation for the patent to be effective.
| 1t Is the duty OF the adverse claimant o
suit in proper form within the re-
quired time, and IL 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 to suit be the result Of
the corruptor 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 ia general terms, embody.
ing conclusions of law. without stating the
facts specially, will 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 a
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation OF parties to 9 suit that they
compose the company 10 sufficient, and they
are not required to prove that they are thu
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land is OF little. II any value, for agri.
cultural purposes, but is essential to the
proper development OF mining claims. Il
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 at any time
prior to issuance of patent, upon satisfactory
posts.
Where valuable deposits of mineral are dis.
covered upon u tract after the SAM ias been
entered as 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. thoy pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
uAsPoso VI IL. provided he becomes O citizen
before dtsposing OF tne mine. Proof that the
party was not q citizen before disposing Of hts
claim must be afirmatively shown.
Locators and intermediate owners, other
thsn 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 10 an
alien cannot be patented while such owner is
an alien; but ON his declaration, O become q
citizen his right dates back to HIS purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LRDGEs.
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 to all ore
or mineral eontSined 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 10 no authority of law for 9 tunnel
location 5000 by 800 feet. A proper location