Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-29
1NFoR NATION
.~...FoR....
OWAERS AND LOCATORs
ES-
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled VIII.
register anu Receiver they become a ns.'ue
tne record, and can neither be withdrpaNo OF
IIneu, pat must be transmitted to the Gso
An application will be rejected when ,ho
scfaption OF the premises is erroneous or a ~
Application for patent will be reieotea ;.
cause: '''e'ed De-
First The notice was published withor.
knowledge of the Register. 'ae
oecond-The notice was not published 4,
new designated as published nesrestth s
Third-RecOrd title was found defective
Fourth--A previous application had hoo.
made Ior the same premises, which wss VIII
drawn pending u suit in Court Commenced w.
the adverse claimant.
An application for patent will be reiected
when the survey does not accurately defIna ~
boundaries OF the claim.
Where the claim was not located in accord.
ance with law W.T.
Where several parties own separate and A,
patent may be made by either for tn AT nar,iea
OF the claim owned by him: but where sovSraI
parties own undivided interests in a nina
claim all should join in an application for
patent.
A person or association NAV uurob.sa
many placer locations as the local law admits
and embrace them all In one application fo,.
patent.
Two or more lodes cannot be embraced =,
one application for a patent except for plscs,
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purno,,.
ing to act as q deputy for the Register ana Rs.
ceiver cannot be recorded as evidences.
In all patents for mining claims SITUATED
within the interior boundaries Of a town s,a
l n ri afaa 10 tnE artad ssaxeantfnu ..a
all town property, rights upon the surface
and all houses, buildings, structures. lot
blocks. streets, alleys or other munictpsl I'm,
provements not belonging to the grantee he,s.
in, and all rights necessary or proper TO he
occupation, possession and enjoyment OF tbs
same"
Publication of notice must be made n only
one newspaper for the period of 90 days,
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 60 days must elspse between ths
frat and last insertions.
Where the Register esignstes tn daily issue
of q newspaper for publication Of notices of a
mining application for patent ii ia not a COM
pliance with law to change to the weekly edi.
ton of the ssms paper without authority Of
the Register.
The existence of 9 salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
| GuhIhlAtT Vi Edlh lhuu u . ADE olAONtua Lhuu
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes q part Of III,
record.
When an adverse claim has been filed it can
not be amended 30 81 to embrace q larger per
ton OF the premises than that described. in tn
original adverse claim.
An adverse claim must be made out ii
proper form and filed In the proper local Ollie
during the period Of publication OF the sppl
cation for the patent to be effective.
Il 1t ia the duty OF the adverse claimant 4
commence suit in proper form within the re
quirsd time. and If he trusts The uncertsil
medium of the United States mail he mus
abide the consequences. should the ceis
ensue, through misfortune or accident. Shout
the failure to suit be the result 0
the corfupto or dishonest action Of his attorney
the Interior Department cannot redress til
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases his sdvers
claim. A statement in general terms, embody
ing conclusions Of law, without stating til
facts specially, will not be considered ia eyi
dence.
An adverse claimant should show q compli
ance with the local laws In recording hts clair
and in regard to expenditures, and shall nile
copy OF the original notice OF his location, an
show the nature or extent Of the oonhic
alleged.
An allegation of parties to q suit that the
compose the company is sufficient, and the
are not required to prove that they are tn
original ~locstors or the Identical parties wh
present the adverse claim.
AGRICULTURAL oR MINERAL LANDS.
Where land is of little, If any value, for ayr
cultural purposes, but 10 essential to th
proper development Of mining claims, 4
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 al any time
prior to Issuance of patent, upon satisfactory
evidence Of the existence Of such valuable de-
posts.
Where valuabIe deposits of mineral are dis
covered upon a tract sitter the samt ias been
entered as agricultural, but before aent has
been issued, the parties claiming the mint
may make application for patent for same
and the agricultural entry will be Cancelled !,
that portion of the land embraced by sac
mining claim.
Where mineral deposits are discovered OIL
agricultural and after the patent has peer
issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be re
| celVed In payment Tor clklfus.
ALIENS.
A foreigner may make a mining location an
dispose OF 1t. provided he becomes q citize
before disposing OF the mine. Proof that u
party was not q citizen before disposlng Oh III
claim must be affirmatively shown.
Locators and intermediate owners, othe
than applicants, will not DO presumed sileD'
in the absence Of allegation or objection PRO
TO issuance of patent.
The portion of q mining claim soid 70 .
alien cannot be patented while such owner !
an alien; but on his declaration to become
citizen his right dates back to his purchase
aud he may thereupon secure United s'as
patent for his claim.
CROSS LRDoEs.
Revised Statutes. Section 1886:
Where two or more led ges cross or intefseo
each other, priority OF title shall govern, W.
such prior location shall be entitled TO sI Ur
or mineral contsined within the space OF ih'ea
section, but the subsequent location sinai NY,
the right of way through tho space OF lh,oi
section for the purpose of the convenien
working OF the mine. And where two or rtoi 40,
veins unite the oldest or prior location snH y"
tako the vein below the point OF union' ~
Guiding all the space of intersection.
USNRL