Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-02
lNFOR NATION
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OWNERS AND L0CATORS
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III Es -
APPLICATION FOR PATENT.

A-WH~ - AN H - 10
APPLICATION FOR PATENT.
Where papers HAYS once been filed with tho
Register and heceiver they become a part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
eral 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 as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor 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 tho claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for TN ut 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 a
patent.
A person or association may purchase 80
many placer locations AZ the local law admits,
and embrace them all in one application for q
patent.
Two or more Iodes cannot be embraced in
one application for o patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act as q deputy for the ~ltegister and Re-
| ceiver cannot be recorded as evidences.
| In all patents for mining claims situated
within the interior boundaries of q town site
Q clause ia inserted "excepting and excluding
all tow property, rights upon the surface,
and all houses. buildings, structures. lots,
blocks. streets, alleys or other municipal Inn
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
newspapers 90 days must elapse between the
first and last insertions.
Where the Register designates the d ally Issue
of a newspaper for publication Of notices of g
mining application for patent ii Is not q COM
pliance with law TO change to tho weekly edi.
tion Of the same paper without authority of
the Register.
The existence of q salt spring on 8 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 QepOsits 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 withdraw, but becomes o part OF the
record.
When an adverse claim has been nled it can.
not be amended so as to embrace q larger per.
ton of the premtses than that described IN the
original adverse claim.
An adverse clsim must be made out in
proper form and flied IN the proper local oil CT
during the period Of publication OF the appli.
cation for the patent to be effective.
1t ts tho duty OF the adverse claimant q
commence suit In proper form within the re
quired time, and If be 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 commence suit be the result OF
the corfupto or dishonest action OF his attorney
the Interior Department cannot redress the
wrong.
An adverse ant 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 he considered In evi.
dence.
An adverse claimant should show a compli,
Ance Win the local laws In recording hiH claim
and in regard to expenditures. aud sh all nle
copy Of the original notice Of his location, and
show the nature or extent OF the conhicl
alleged.
An allegation of parties to q suit that they
compose the company is sufficient, and they
are not required to prove that they are ths
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is of little. If any value, for aerl.
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 at 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 n tract sitter the same ,as been
entered az 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 "a
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
ceived in payment for claims.
ALIENS.
n AOEoikueI mhy mhho y INNING LOCATION
dispose OF it. provided he becomes Q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing Of his
claim must be Afrmatively 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 Is
an alien; but on his declarstionI o become o
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LKDGEs.
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 contsined 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
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