Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-03
lNFOE NATION
FOR.
OWNERS AND LOcAT0RS
....OF....
MI i III r. 60
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and receiver they become u 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the record, and can neither be Withdrawn nor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
script1on 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 publishedn earestt the
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
ance with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for n at portion
OF the claim owned by him but where several
parties own undivided interests in n mining
claim all should join in all application for a
patent.
A person or association may purchase as
many placer locations as the locsl 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 sny person purport-
ing TO act as u deputy for the Register and He
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
g clause is inserted excepting aud excluding
all town property, rights upon the surface,
and 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 u 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 elApse between the
frat and last insertions.
Where the Register designAtes the i ally issue
of q newspaper for publication of notices of a
mining application for patenttt Is hot q COM
pliance 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 . tract of
land withdrsws 1t from the operation Of the
homestead and e-empti 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 fle & separate and
distinct claim against each application which
It Ia alleged conflicts with The premises owned
by such adverse claimant.
The papers In an adverse claim, once hied.
cannot be- withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1t can.
not be amended 30 as to embrace 4 larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made Cut in
proper form and flied In the proper local Office
during the period Of public alton OF the appli-
cation for the patent 10 be effective.
1t is the duty OF the adverse claimant q
commence suit in proper form within the re.
quired time. and IL he trusts The uncertain
medium OF the United States mall he must
abide the consequences, should the delay
ensno, through misfortune or accident. Shouie
the failure To commences suit be the result OF
the cor 'upt or dishonest action of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the faets upon which lie bases his adverse
claim. A statement in general trrins, embody.
ing conclusions OF law, without stating the
facts specially, will not he considered iu evil
dence.
An adverse claimant should show a compli.
ance with the local laws In recording hts claim
and in regard TO expenditures. aud shall nile .
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. aud they
are not required TO prove that they are the
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 is essential to the
proper development of miuing claims, IT
should be disposed Of under the Mining Act.
Whax3 IAnha aRnkata.-. at.kt -
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 a tract sitter the same sas been
entered as agricultural, but before / Jtent has
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 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 a mining location
dispose of 1t. provided he becomes a citizen
before disposfng OF the mine. Proof that the
party was not = citizen before disposlng Of his
claim must be ahirmatively 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 such owner 10
an alien; but on his declarations o become Q
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 2,33G:
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 confined 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 nina. And where two or more