Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-28
iNFOR NATION
Hon.
OWNERS AND LCcAT0RS
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MI III e q ,


APPLICATION FOB PATENT.
Where papers have once been filed with the
Register and Receiver they become a part OF
the record, and can neither be Withdrawn nor
returned, but must be 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 vss not published in q
newspaper designated as published nearest 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 . suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately dehne 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 8 claim, application for
patent may be made by either for tn at portion
OF the claim owned by him; but where several
parties OWL undivided interests in 9 mining
claim all should join in al application for q
patent.
A person or association may purchase a.
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 q deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of 3 town site
o clause is inserted "excepting and excluding
all town property, rights upon the surface,
l and all hnnaaA hnflnfnUs EfrnnfnrGa lAfa
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and ell rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made q only
ons newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
first and last insertions.
Where the Register designAtes thedaiiyi Issue
Of 9 newspaper for publication OF notices of q
mining application for patent it Is not Q com
pliance with law TO change to the weekly edi'
ZION of the same paper without authority Of
the Register.
The existence OF q salt spring on q tract o:
land withdrsws 1t from the operation Of this
homestead and presumption laws. A hearing
for the purpose of proving the agriculture
character OF such land IL not allowed. Land
containing valuable deposits Of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 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 filed
cannot be withdraw. but becomes q part Of tn,
record.
When an adverse claim has been fled it can
not be amended so as 10 embrace q larger por
ton OF the premises than that described in To,
originsl adverse claim.
An adverse claim must be made out II
proper form and hted in the proper local ofic
during the period Of publication OF the sppli
! cation for the patent 10 be effective.
Il 1t Is the duty of the adverse claimant {
! commence suit in proper form within the re
CURED time, and IL he trusts the uncertain
medium Of the United States mail he mus
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupt or dishonest action Of his attorney
the Interior Department cannot redress thu
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases HIS advers,
claim. A statement in general terms, embody
! ing conclusions of Law, without stating tn,
J facts specially. will not be considered In evi
dence.
An adverse claimant should show g compii
ance with the local laws In recording his claim
and In regard 10 expenditures, aud shall nle
copy Of the original notice OF HIS location. ant
show the nature or extent Of the conhic
alleged.
An allegation Of parties to q suit that the,
! compose the company 10 sufficient. and theJ
are not required 10 prove that they are tn,
original l~ocators or the identical parties wht
|. present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little. If any value, for agri
' cultural purposes, but 10 essential TO thu
proper development Of mining claims, II
Il should be disposed of under the Mining Act.
Where landa containing valuahIA rutnaraI
deposits have been included In an agriculture
entry, said entry will be Cancelled ~ any tim
prior to issuance of patent. upon satisfactory
evidence OF the existence Of such valuable dc
posits.
Where valuable deposits of mineral are dis
covered upon q tract after the same aas been
entered % agricultural, but before ! atent has
been issued, the parties claiming the mtns
may make application for patent for same
and the agricultural entry will be cancelled tc
I that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
Z 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 Q citizen
before disposing OF the mine. Proof that the
party was not Q citizen before disposing Of his
claim must be afirmatively shown.
Locstors 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 Ia
an alien; but on his declarationt o become q
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LKDoRs.
Revised Statutes. Section 2.336:
Where two or more lodges cross or intersect
each other. priority OF title shall govern, and
such prior location shall be entitled to ail ore
or mineral contained 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