Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-21
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....FOR....
OWNERS AND L0CkT0RS
....0F....
Z M e. - .
APPLICATION FOR PATENT.

Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land thee.
An application will be rejected when the de-
scription of the premises IL erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
First - The notice was published without the
knowledge of the Register.
Seoond-The notice was not published in a
newspaper designated ss published nearestthe
claim.
Third--Record title was found defective,
and
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
ance with law.
Where several parties own separate and dis
tlnct portions of q claim, application for
patent may DE made by either for ths portion
OF the claim owned by him: but where several
parties own undivided interests in . mining
claim all should join in an application for .
patent.
A person or association may purchase rs
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 act as a deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of o town site
u clause is ine erted 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 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 elapse between the
frat and last insertions.
Where the Register designAtes the d ally issue
of q newspaper for publication of notices of q
mining application for patent it is not a COM
pliance with law to change to the weekly edi'
tion OF the same paper without authority OF
the Register.
The existence OF 8 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 is not allowed. Land
containing valuable deposits Of slate may bt
| entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate and
distinct claim against zach application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be Withdrawn, but becomes q part of the
record.
When an adverse claim has been filed it can.
not be amended 30 as to embrace q larger per.
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 Ation OF the sppli-
| cation for the patent to be effective.
1t is the duty Of the adverse clsimant to
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 suit be the result OF
the corruption dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In do.
tailthe 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 ME q
copy OF the original notice of his location, and
show the nature or extent Of the conficI
alleged.
An allegation of parties to 9 suit that they
compose the company ia sufficient, and they
are not required to prove that they are thu
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on 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
deposits have been included in an agriculture
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 . tract sfter the same aas beer
entered as agricultural, but before 1 ,tent hal
been issued, the parties claiming the min'
may make application for patent for same
and the agricultural entry will be Cancelled K
that portion Of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant. they pas
with the patent.
Agricultural College scrip cannot be re
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location ant
dispose OF it. provided he becomes a either
Defore dlsposinB OF the mine. Proof That tn
party was not Q citizen before disposing Of hi
claim must be afirInatively shown.
LocAtors and intermediate owners, ohio
than applicants. will not be presumed aliens
In the absence of allegation or objection prioI
to issuance of patent.
The portion of a 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
aud he may thereupon secure United State
patent for his claim.
CROSS LEDGEs.
Revised statuteS. Section 1895:
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 contained Within the space of inter
section, but the subsequent location shall hsy,
the right Of way through the space of inter
section for the purpose of the convenient
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
GLIDING all the space of intersection.
TUNNELS.
There Ia no authority of law for a tunnel
location 5000 By 800 feet. A proper location
is the width OF the tunnel for 5000 feet,
There is no provision OF law for patentino
tunnel locations. but lodes discovered In run,
ming a tunnel may be patented In like manner
as other lodes.
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