Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-02-28
INEOR NATION
....FOR....
OWNERS AND L0CAT0RS
....OF....
MI Il III ES .
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become . part OF
the record, and can neither be witnorawn nor
returned, but must be transmitted 70 tpe uen-
ersl Land Onice.
An application will be rejected when the de-
scription of the premises is erroneous or In
sufficient.
cause:
First The notice was published without the
knowledge of the Register.
Secoud-The notice was not published in q
new paper designated as 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 q suit In Court commenced Dy
the adverse
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 tina portion
OF the claim owned by him but whore several
parties own undivided interests in q mining
claim all should join In an application for q
patent.
A person or association may purchase IS
many placer locations as the local law admits,
and embrace them all In one application for q
patent.
Two or more lodss cannot be embraced in
one application for a patent except for placer
| claims embracing TWO or more iodes Wltnin
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 evidences.
In all patents for mining claims situated
within the interior boundaries Of q town site
q clause Ia in, erted excepting and excluding
all town 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between thu
frat and last insertions.
Where the Register 4 esignates the d ally ISSUE
of q newspaper for publication Of notices of
mining application for patent 1t Is not 9 com
pliance with law to change to the weekly edi
tion of the same paper without authority o.
the Register.
The existence Of q salt spring on a tract Of
land withdrsws 1t from the operation of tn
homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
character Of such land Is not allowed. LsnC
/ COuthluluk NhluAUAO utPO6At8 W blbkc LAhy "
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate snC
distinct claim against each application whicl
IL Ia alleged conflicts with the premises ownet
by such adverse laimant.
The paper "a In an adverse claim, once filed
cannot be Withdrawn. but becomes q part Of tn
record.
When an adverse claim has been filed IL can
not be amended SO as to embrace Q larger per
ton OF the premises than that described In tn
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local Office
during the period of publication OF the spplt'
J cation for the patent to be effective.
1t is the duty of the adverse claimant tt
quired time, and If 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 resalt Of
the corrupto OF dishonest action Of his attorney
the Interior Department cannot redress th'
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 thu
facts specially, will not be considered In evi
dence.
An adverse claimant should show q compli
snce with the local laws in recording his CLAIM
and in regard to expenditures. and shall nile
copy of the original notice Of his location, AM
show the nature or extent OF the connic
alleged.
An allegation Of parties to q suit that the,
compose the company is SUFFICIENT. and the,
are not required to prove that they are tn
original locators or the Identical parties VIII
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land ia of little, If any value, for sgrl
"A | cultrra1 nuruOgpa hut IN aaaantial tn Nh
proper development of mining claims, l
. should be disposed Of under the Mining Act.
Where lands containing valuable minera
deposits have been included In an agriculture
entry, said entry will be cancelled 1t any tim
prior to issuance Of patent. upon satisfsctor
evidence OF the existence Of such valuable de
. posts.
Where valuable deposits of mineral are dis
covered upon . tract after the same las bee
en- tered as agricultural, but before I stent Ia
a been Issued, the parties claiming the min
may make application for patent for same
and the agricultural entry will be Cancelled
that portion Of the land embraced by sal
mining claim.
Where mineral deposits are discovered o
agricultural lands after the patent has bee
issued to an Agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be +,
ceived In payment for claims.
ALIENS.
A foreigner may MAKE q mining location an
dispose OF 1t. provided he becomes Q cttize
before disposiug OF the mine. Proof that III
party was not q citizen before disposing Of b
v claim must be afhrmAtively shown.
Locatora and intermediate owners, otht
. than applicants. will net be presumed alien
= In the absence Of allegation or objection pric
TO issuance of patent.
The portion of q mining claim sold to q
= alien cannot be patented while such owner
an alien; but on his declaration to become
!, citizen his right dates back to his purchas,
sud he may thereupon secure United State
= patent for his claim.
CROSS LRDGE
Revised statdtes. Section :, 1885:
Where two or more lodges cross or interset
each other, priority OF title shall govern. an
such prior location shall be entitled to all OF
: or mineral contsined within the space of intel
section, but the subsequent location shall hav
the right Of way through the space of intel
section for the purpose Of the convenieI
working Of the mine. And where two or nor
veins unite the Oldest or prior location sha
9 take the vein below the point OF union. IL
Guiding all the space of intersection.
TUNNELS.
T There is no suthsrity of law for a tunnt
| Iooaktu, "a O0n hu I Enn faak ~