Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-18
NFOR
OWNERS AND l0CAT0RS
~s.,of.
MI Z Il - .
APPLICATION ros FAsaNr.

APPLICATION ToE FAEKNE,
Where papers have once been hled with tbs
Register and Receiver they become . part o.
the rocoFd, aud eau neither be Withdrawn nol
returned, bat must be 20 the Gen
ersl Land once,
Al application will be rejected When the De
sedpuon VI the premises 10 erroneoas or In
SUFFICIENT,
Application for psssn, will be rejected be
cause;
First The notice was published without the
knowledge Of the Register,
second-ihe nouee Was not published Ia a
new'pspsr designated As puelishednearsstth
olAln,
r~aird-Reeora title Was found defective,
and
made for the same premises, which Was with
drawn pending . sukt in Court commenced by
the adverse claimant
An application for patent viii be rejected
when the survey does not accurately denne the
boundaries OF the claim.
Where the olaim Was not located In accord.
anee VITA law,
Where several parties own separate and dis,
tlnct portions Of = claim. application for
pate1T may be made by eltaer Tor IA al portion
~ tie claim owned by him. but where several
parties own undivided interests IN E mining
claim all should Join in an application Tor a
patenL
A person or association may purchase ~
many placer locations as the local Law admits,
AAa embrace them all IN one Application for q
patent,
Two or more lodss cannot be embraced in
one application for q patent except Tor placer
claims embracing tvo OF more lodes within
their boundaries,
Papers sworn 10 before any person purport.
Ing 10 act AZ a deputy for the Register and He
eeiyer cannot be recorded a. evidence,
In all patents for mining claims situated
within tho iptesor boundaries OF q town site
= clause Is la eried excepting and excluding
all town property, rights upon the surface,
And all houses, buildings, structares, lots,
blocks, streets, alleys or other municipal Inn
provsmehts not belonging 90 the grantee here
IN, aud all rights neeesHAry or proper 10 The
ooeupAuoh, possession aud enjoyment OF u'
sAme,"
Publication Of notice must be made u onl,
one newspaper for the period Of 90 days,
Notice must 10 published 10 ,onsecutiy,
weeks ia weekly neNspApers, and ia daill
newspapers GO days muAt elApse between th'
hrst and last Insertions,
Where the Register esignAtes the daily issu'
Of q newspaper Tor publication OF notices OF
mining application for patent IL II not . com
pilknee with law 10 change 20 the weekly edi
ti9e Of the sane paper without authority o
The pxistenee OF . sal, spring on = tract o
land withdrAwa II from the operation OF III
homestead aud presumption laws, A heariul
for The purpose ot proving the agriculture
~ ' ~ sum AAAtA y NV W. y
containing valuable deposits OF slate may b
entered under tho mining Aets,
ApyERsg CLAIMS.
Adverse claimants must hle a separate an,
distinct claim against each application whtel
II Ia alleged conflicts with the premises owne,
by such adverse claimant,
Tho papers IN an adverse claim, once nled
cannot DO withdrawal but becomes a psrtoi III
record,
when an adverse claim has been nled II can
not DO amended 30 aa 20 embrace q larger per
ton Of the premises than that described IN tn'
original adverse claim,
An adverse claim must be made out II
proper fortn aud MED In the proper local ofiie
during tho period Of publication % the Appli
cation for the patent 10 be effective,
II IL the duty of The adverse claimant Il
eommenee suit IN proper form within the re
| quired time, and II he trusts the uncertain
medium Of the United States mail he mus
abide tbs consequences, should the deiA,
onsne, through misfortune or accident. should
tho failure 10 SUIT be tbs reaut 81
the eoTfupto or dishonest action of his attorney
the Interior Department cannot redress tn
wrong,
An adverse claimant should set forth In do
tail the facts upon which he bases his Adyera,
claim, A statement IN general terms, embody
Ing conclusions ~ law, without stating ~
facts specially, viii not be considered Ia evi
denca,
An adverse claimant should show a eompli
anee with the local laws ia recording his clsiu
and In regard 90 expenditures, aud shall nile
copy ~ the original notice Of his location, ans
show the nature or extent OF the conhic
alleged
An allegation Of parties 10 a sui, that the.
compose Tho company 10 sufficient, and the
are not required % prove that they are III
original ~loeAtora or the Identical parties VIII
present the adverse claim. 4
AGRICULTURAL or MsRRAL LANDS.
whore land is OF little, II any value. for Agri
cultural purposes, but ~ essential 10 tn
proper development OF miping claims, 1
should be- disposed OF under the Mining Act.
Whore lands containing valuable mi1era
deposits have been Included In an agriculture
entry, said entry will DO cancelled ~ any tim
prior 70 Issuance u pAtant, npOn satisfaction
evidence Of the existence Of such valuable de
pVHits,
Where valuable deposits OF mineral are dis
covered upon 3 tract sfter tho same ',as beer
entered ~ agricultural, but before Aont ha
been issnsd, tbs parties claiming the min
may make application for patent for same
and tbs agricultural entry Will be cancelled q
that portion Of the land embraced by ssi'
| mining claim,
Where mineral deposits are discovered OF
agricultural lands after this patent has beef
issned 70 81 agricultural claimant. they pas
with the patent
Agricultural College scrip cannot be re
esiFsd In payment for claims,
ALIENS.
A foreigner may make . mining location an
dispose 81 ~, provided no becomes n eitlEa
before dlsp0aing ~ the mins, Proof that th
party Was not q citizen before disposi ~ OF ht
claim must DO ai1rmAtiyely shown,
LoeAt0Fa and Intermediate owners, othe
thar applicants, VIII not be- presumed aliens
in thu absence II allegation or objection prio
10 issuance ~ patent.
The portion of a mining claim sold 10 al
alien cannot be patented while such owner /
m alien but on his declaration 10 become
citizen bis right dataa back 10 his purchase
nd be may tbersnpon secure United State
patent for his claim,
cross LRDoEs,
Revised htatnteA, Section 1889,
Where two ~ more lodges cross or lntarsoo
eseh other, priority ~ Title shall govern, an
sneb prior location shall be entitled 10 ali or
| Or mineral fontsipsd within tho space OF inter
SECTION, but the subsequent location shsli hay,
tbs right " way through thu space Of inter
section for the purpose Of tbs eOnyenisn
working Of ths mine, And whore two or nor,
veins unite the Oldest 0V prior location shal
take the vein tel0w the point " union, Ia
elndtgg all this spaco OF Intersection,
TussRLs.