Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-04
EMEOS NATION
~....FoB....
OWNERS AND LOcATORS
....OF....
M Z III ~ s.sss i.
APPLICATION FnR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Hegister anu Receiver they become a part OF
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Con
eral Land ONCE.
An application will be rejected Whom the
scrIption OF the premises 10 erroneous or
sufficient.
Application for patent will DO rejected be-
cause;
First = The notice was published without the
knowledge OF the Register.
he notice was not published in q
new designated as published nearest the
claim.
~Third-Itecord title was found defective,
aud
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending u 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
sinct portions of . claim, application for
pstent may be made by either for tn at portion
OF the claim owned by him; but where several
parties own undivided interests in a mining
claim all should join in an application for u
patent.
A person or association may purchase as
many placer locations al the local law admits.
and embrace them all In one application for y
patent.
Two or more lodes cannot be embraced in
one Application for G. 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 Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries Of n town site
q clause Is inserted excepting and excluding
oil 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 ali 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 GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud in daily
newspapers 60 days must elBpse between the
frat and last insertions.
Where the Register designate the d ally issue
of q newspaper for publication of notices of u
mining application for patent ii is hot q com
plianoe Will law TO change TO the weekly cdi-
tton of the same paper without authority of
| the Register.
The existence OF a salt spring on 9 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 Ia not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate and
distinct claim sRziust each application which
It Ia alleged conflicts with Tho premises owned
by such adverse Claimant.
The papers In nh adverse claim, once llad
cannot be Withdrawn. but becomes a part OF the
record.
When an adverse claim has been filed 1t can.
not be amended 80 as to embrace q larger per.
1 tfCn ~ tho RrapaIusa shaa tIwN Iaalx9h aI l.. -.
original adverse claim.
An adverse claim must be made out In
proper form and flied In the proper local Office
during the period OF publiclti OF the appli-
cation for the patent to be effective.
1t is the duty OF the adverse claimant {
commence suit In proper form within tho 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 commence suit be the result OF
the cor .upt or dishonest seton 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 tho
facts specially, will not lie considered In evi.
dence.
An adverse claimant should show a compli
ance with the local laws In recording his claim
and in regard to expenditures. and shall nle d
copy OF the original notice OF HIS location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LAsps.
Where land is of little, II any value, for agri.
cultural purposes. but is essential to this
proper Development OF mining claims. It
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 nt 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 o tract after the same ias been
entered as agricultural, but before I Jtent has
been issued, the parties claiming the mine
may make application for patent for same,
aud the agricultural entry Will be Cancelled L.
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.
A foreigner may make q mining location
dispose Of 1t. provided he becomes . citizen
before disposing or the mine. Proof that the
party was not a citizen before disposing OF his
claim must be afirmativeiy shown.
Locators and intermediate owners, other
than applicants, will not BIO presumed aliens,
In the absence of allegation or objection prior
to issuance Of patent.
The portion Of a mining claim sold to en-
alien cannot be patented while such owner is
an alien; but on his declsrationt o become 4
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDoKs.
Revised Statutes. Section 1850:
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
take the vein below the point OF union, In
GLIDING all the space of intersection.
TUNNELS.
ThAaa L. So - $500