Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-28
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Re gister and Receiver they become u part OF
the record, and can neither be withdrawn MOI
returned, but must be to the Gen.
eral Land ONCE.
An application will be rejected when the de.
scription Of the premises Is erroneous or In
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 o
new spsper designated as published nearestt the
claim.
Third--Record title was found defective,
and
Fourth--A previous application had been
made for the same promises, which was with
drawn pending a 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 W separate and dis
tinct portions Uf o claim, application for
patent may be made by either for tn al portion
OF the claim owned by him: bat where several
parties own undivided interests in 9 mining
claim ali should join in an application for q
patent.
A person or association may purchase as
many placer locstions as the local law admits,
and embrace them all in one application for 9
patent.
Two or more lodes 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 a deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situsted
within the interior boundaries of q town site
q clause is Inserted excepting and excluding
ell town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal I'M
proveInents 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 co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must eiapse between the
frat and last insertions.
Where the Observation-Disclosures the daily issue
of & newspaper for publication of notices of 4
mining application for patent 1t is not @ com
pliance with law to change to the weekly edi'
tion of the same paper without authority Of
the Register.
The existence of o salt spring on q tract OF
land withdrsws 1t from he operation VI tn,
Homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
character of such land is not allowed. Land
containing valuable deposits OF slate may be
entered undo the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale 9 separate and
distinct claim against each application which
1t 10 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.
AJxs-z -. 49, Ia a -
not be amended so as to embrace a 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 OFF, e
during the period of publication Of the sppli-
cation for the patent TO BIS effective.
1t is the duty OF the adverse claimant TO
suit in proper form within the re-
Quired time. and II be trusts thc uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
tine failure to commence suit be the result of
the corrupt or dishonest action of his stteruey,
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 in evil
dence.
An adverse claimant should show q compli.
ance with the local law in recording his claim
and in regard to expenditures. aud shall nile a
copy of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to a suit that they
are not required to prove that they are tbs
original ~locators or the identical parties who
present the diverse claim.
AapyOrrr m xvup .rn
Where land is of little. If 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 at any time
prior to Issuance of patent, upon satisfactory
evidence Of tue existence of such valuable de-
posts.
Whe valuable deposits Of mineral are dis.
covered upon o tract sitter the same aas been
entered as agricultural. but before l sent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has beer
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re.
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose Of 1t. provided he becomes a citizen
before disposing Of the mine. Proof that the
party was not o citizen before dispos. ng of hts
claim must be affirmatively shown.
Locators and ntermediate owners, other
than applicants. will not be presumed aliens
in the absence If allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner ia
an alien; but OH his declaration to become a
citizen his right dates back TO his purchase,
,ud he may thereupon secure United States
patent for his claim.
CROSS LEDeEs.
Revised Statutes. Section 2.33C:
Where two or more led ges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to all ore
or mineral cont ined within the space of inter.
section, but the subsequent location shall have
tn" 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 olde~t or prior location shall
take the vein below the point Of union. in.
Guiding all the space OF intersection.
TUNNELS.
There Ia no authority of law for a tunnsl
location 5000 by 800 feet. A proper location
Ia the width af the tupnal for q nnn So