Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-11
INFOR NATION
.~...F0R....
OWNERS AND L0CAT0RS
....OF....
MI TN T. - +.
APPLICATION FOR PATENT.

Tile T6cOEu, anu Gun ucltuoE 10 WltndA1Wh AOT
returned, but must be transmitted to the Gen.
ersl Land Once.
An application will be rejected when the de-
scription of the premises is erroneous or In
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 as published nesrestth
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 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
snce with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for ID at portion
Of the claim owned by him but where several
parties own undivided interests in Q mining
claim all should join In an application for u
patent.
A person or association may purchase ss
many placer locations as 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 to before any person purport-
ing to set as q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of Q town site
9 clause is in; erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks. streets, alleys OF 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 so days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers go days must elapse between the
fret and last insertions.
Where the Register designates the Tally issue
Of q newspaper fer publication of notices of q
mining application for patent 1t is not q COM
pltance 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 q 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 Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale 0 separate and
| distinct claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse
The papers In an adverse claim. once fled,
cannot be withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace q larger por-
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 office
during the period Of publication Of the sppli-
cation for the patent to be effective.
1t Is the duty Of the adverse claimant TO
suit in proper form within the re-
CURED 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 10 suit be the resglt of
the corrupt 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 claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall ME q
copy of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company is sufficient. and they
are not required to prove that they are tht
original ~locAtors or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value, for agri,
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
/ 0AnOait9 have been inclndad in an aOripultuFa n
entry, said entry will be cancelled st 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 Q tract sfter the same las been
entered as agricultural, but before / Aent hal
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled t.
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered or
agricultural lands after the patent has beer
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot DO re
ceived In payment for claims.
ALIENS.
foreigner may make q mining location snt
dispose OF 1t. provided he becomes q either
before disposing OF the mine. Proof that tn
party was not q citizen before disposlng Of hi
claim must be afhrmsttvely shown.
Locators and intermediate owners. othe,
than applicants. will not be presumed aliens
In the absence VI allegation or objection prio
to issuance of patent.
The portion of q mining claim sold to al
alien cannot be patented while such owner ii
an alien; but on his declaration to become
citizen his right dates back to his purchase
Sud he may thereupon secure United StateI
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1896:
Where two or more lodges cross or intersec
each other, priority Of title shall govern, ant
such prior location shall be entitled to all or,
or mineral confined within the space of inter
section. but the subsequent location shall hav,
the right VI 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 olde.t or prior location shall
take the vein below the point Of union, in
Guiding all the space of intersection.
TUNNELS.