Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-29
IMPLICATION ron pArrNr.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become n mart ~
the record, and can neither be withdrawn nor
ro.9Ineo; put must be transmitted to the Gen
An application will be rejected when tho
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
s~econd-The notice was not published In a
new designated as published nearest the
claim.
Third-Rocord 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 claim ant.
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 aeparAte and dta.
tinct portions Of Q claim. application for
patent may be made by either for tn at portion
OF the claim owned by him.; but where several
parties own undivided interests In q mining
Claim all should Join In an application for .
patent.
A person or association may purchase az
many placer locations ~ 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 - evidence.
In all patents for mining claims situated
within the interior boundaries of o town site
q clause Is inserted excepting and excluding
all town property, rights upon the surface,
aud all houses. butldirE. structures, lots,
blocks. streets, alleys OF 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 n only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 90 days must elspsc between the
irst and last insertions.
Where the Register d esignAtes thedaily issue
OF 9 newspaper fer publication Of notices Of Q
mining application for patent IL IL not Q com.
pliance with law TO change 10 the weekly edi.
ton OF the same paper without authority Of
The existence of O salt spring on . tract Of
land withdrsws Il from the operation Of the
homestead and ~pre-emption laws, A hearing
for the purpose Of proving the agricultural
~ eoNa sh1 - " 81 NGNH AAuu
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
distinct claim against each application which
10 10 alleged conflicts with the premises owned
by such adverse claimant.
The papersi In an adverse claim, once nled
cannot be withdrawn. but becomes . part OF the
record.
When an adverse claim has been nled II can.
not be amended 30 as TO embrace . 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 flied In the proper local OH &c
during the period Of publication Of the appli.
cation for the patent 10 be effective.
II IL the duty OF the adverse claimant o
commence suit In proper form within the re-
quired time. and IL he trusts ,be uncertain
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 corsuptor dishonest sction Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in dc.
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 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 nle a
copy OF the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties TO 9 suit that they
compose the company IL SUFFICIENT, and they
are not required to prove that they are the
original ~iocators 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 IL essential to the
proper development Of mining claims. n
should be disposed OF under tho Mining Act,
Where lands containing valuable mineral
deposits have been included in an Agricultural
entry, said entry will be cancelled &c any time
prior to issuance Of patent, npon satisfactory
evidence OF the existence Of such valusbie de-
posts.
Where valuable deposits Of mineral are dis.
covered upon q tract after the SAME sas been
entered a. agricultural, but before ! dent 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 tho patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
eeived 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 disposlng OF hts
claim must be afarmatively shown.
LocAtors and intermediate owners, other
than applicants. will not be presumed aliens,
In the absence u allegation or objection prior
to issuance Of patent.
The portion OF @ mining claim sold TO an
alien cannot be patented while suoh owner 10
an alien; but on his declarationi o become q
citizen his right dates back to his purchase,
Qua he may thcreupon secure United States
patent for his claim.
CROSS LEDGEs.
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 contsined 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 whore two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union, In
Guiding AL the space of Intersection.
TUNNELS.
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