Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-03
INFOR MATlOW
....FoR....
OWNERS AND L0cATORS
s...OF....
MI Z III -
APPLICATION FOR PArRSr.

APPLICATION FOR PATENT.
Whore papers have once been filed with the
Register and Receiver they become q part of
the rocord, and can neither be Withdrawn nor
returned, but must be 10 the Gen
eral Land ONCE.
An application will be rejected when the
scription OF the premises ia 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 published nearestt the
claim. |
Third-Record title wss found defective.
and
Fourth--A previous application had been
made Tor the same premises, which was with
drawn pending q 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
patont may be made by either for that portion
OF the claim owned by him: but whore several
parties own undivided interests in a mining |
claim all should join In an application for q
| patent.
A person or association may purchase as
many placer locations as tho 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 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 ~ evidence.
In all patents for mining claims situated
within the interior boundaries of u town site
q clause is Inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
II LI-nEa "a n q. ANIA- 49,. - -,
p~rovements 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud In daily
newspapers go days must olapse between the
fret and last insertions.
Where the Register designAtes thedaiiy issue
of a newspaper for publication of notices of Q
mining application for patent 1t IL not a COM
pliance With law TO change to the weekly edt-
ton Of the same paper without authority Of
the Register.
The existence OF q salt spring on a tract Of
land withdrsws 1t from the operation Of the
homestead and laws. A hearing
for the purpose Of proving the agricultural
character of euch land 10 not SLOWED. Land
containing valuable deposits OF slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimant must Ale & separate aud
distinct claim sgainst each application which
10 10 alleged ~conficts with the premises o wned
by such adverse claimant.
The papers In On adverse claim, once Alod,
cannot be Withdrawn, but become % a part Of the
record.
not be amended 80 ~ to embrace q larger per-
ton Of the premises ban that described In tue
original adverse claim.
An adverse claim must be made out In
4 nFnnnr farm and hlgh fa fha AM Local gfira
during the period OF publication OF the AppIi.
cation for the patent 10 be effective.
| 1t is the duty Of the adverse claimant o
commence suit In proper form within the re-
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 fupt or dishonest action 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 the
facts specially, Will not be considered Ia evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall ole q
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties 10 a sui. that they
compose the company Ia sufficient, and they
are not required TO prove that they are til
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAsps.
Where land is of little. II any value, for agri-
cultural purposes, but is 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 agricultural
entry, said entry will be cancelled ~ any time
prior to Issuance of patent, upon satisfactory
evidence OF the existence of such valuable do.
posits.
Where valuable deposits of mineral are dis.
covered upon q tract sitter the same ass been
entered II az agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry win be cancelled to
that portion of the land embraced by said
mining claitn.
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
ceiyed In payment for claims.
ALIENS.
A foreigner may make 9 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 hts
claim must BIO afhrmAtively shown.
LocEtors 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 Is
an alien; but on HIS declaration; o become q
citizen his right dates back to his purchase,
sud he may thereupon secure United States
patent for his claim.
CROSS LED0Es.
Revised Statutes. Section 1855:
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 cont lined 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.