Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-12
IWFOR NATION
....FOR....
OWNERS AND L0cAT0RS
....OF....
MI - .
APPLICATION FOR PATENT.

Where papers nave once peeh hAeu WIN 'lo
| Register and Receiver they become q part OF
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
eral Land Office.
An Application will be rejected when the de-
scription of the premises Is erroneous or In
sufficient.
application for patent will be rejected be-
First The notice was published without the
knowledge of the Register.
Second-The notice was not publfshed On o
new paper designated as published nearestthe
Third--Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was With
drawn pending q suit in Court commenced by
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 W separate and dis
tinct portions Of q claim, application Tor
patent may be made by either for that 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 D
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all ID one application for q
patent.
Two or more lodes canine 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 act as a deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In eli patents for mining claims situated
within the interior boundaries of Q town site
o clause Is inf 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
proveInents 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 elspse between the
first ana last insertions.
Where the Register designates the daily issue
of 8 newspaper for publication of notices of q
mining application for patent it Is not q COM
plisnce 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 q tract of
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land IL not allowed. Land
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 Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim. once hled
cannot be Withdrawn, but becomes q part of the
record.
When an adverse claim has been filed 1t can.
not be amended SO az to embrace a 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 public alton of the appl-
cation for the patent 10 be effective.
1t is the duty Of the adverse claimsnt to
commence suit in proper form within the re-
CURED time, and If 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 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 evi.
dence.
An adverse claimant should show q compli
ance with the local laws In recording his claim
and in regard to Expenditures. and shall file q
SORJ Va hAC wv VI AAo ASh9hACA SAN
show the nature or extent Of the conftc'
alleged.
An allegation of parties to a suit that tbe,
compose the company is sufficient. and tney
are not requhed to prove that they arc tn
original locatofs or the identical parties WHIT
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value, for agri
cultural purposes. but Is essential to thu
proper development Of mining claims, Il
should be disposed Of under the Mining Act,
Where lands containing valuable minera
deposits have been included in an agriculture
entry, said entry will be cancelled ct any tim,
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 a tract sitter the same aas beer
entered as agricultural, but before I stent hal
been Issued, the parties claiming tho min
may make application for patent for same
and the agricultural entry will be Cancelled t.
that portion Of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beef
issued to an agricultural claimant. th0y pas
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
N AOiciBuSi hlh1 luz u INNING lOChLlOu al
dispose OF 1t. provided he becomes q citiZel
before disposing OF tine mine. Proof that tn
party was not a citizen before disposlng Of hi
claim must be afiirmatively shown.
Locators and intermediate owners, othe
than applicants, will not be presumed aliens
in the absence of allegation or objection prto
to issuance of patent.
The portion of a mining claim sold to a.
alien cannot be patented while such owner 4
an alien; but on his declaration to become
citizen his right dates back to his purchase
sud he may thereupon secure United State
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1885;
Where two or more lodges cross or intersec
each other, priority Of title shall govern. an,
such prior location shall be entitled to All or
or mineral confined within the space of inter
section. but the subsequent location shall hay,
the right OF way through the space of inter
section for the purpose OF the convenieu
working OF the mine. AND where two or nor
veins unite the oldest or prior location shal
take the vein below the point Of union. in
Guiding all the space of intersection.
TUNNELS.
There is no authority of law for a tunne
location 5000 by 800 feet. A proper locator
is the width of the tunnel for 5000 feet.
There is no provision Of law for patentins
tunnel locations. but lodes discovered In run
ming n tunnel may be patented In like manne,
- AAn MI