Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-02
r NATION
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OWNERS AND L0CAT0RS
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MI m e - +.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part OF
the record, and can neither be Withdrawn MOI
returned, but must be to the Gen
ersl Lane Office.
An application will be rejected wnen 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
newspaper designated az published nearestth
claim.
Third-Record title was found defective
and
Fourth--A previous application had beer
made for 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
tlnct portions Of q claim. application for
patent may be made by either for that portion
Of the claim owned by him but where several
parties own undivided interests in o mining
claim all should join in an application for q
patent.
A person or association may purchase az
many placer locations as the local law admits.
and embrace them all In one application for 0
| 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 as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
q clause Is inserted excepting and excluding
all town property, rights upon the surface
and all houses, buildings. structures, lots
blocks, streets, alleys or other municipal I'm
| provements not belonging to the grantee here
In. and all rights necessary or proper to tn,
occupation, possession and enjoyment Of thu
same"
Publication Of notice must be made q onl,
one newspaper for the period of 60 days.
Notice must be published 10 CONSECUTIVE
weeks in weekly newspapers, and in dali,
newspapers 60 days must eiApse between tn
frat and last insertions.
Where the Register d esignstes the dsily issu
of Q newspaper fer publication of notices of
mining application for patent IL is not q com
pliance with law to change to the weekly ed
ton of the same paper without authority o
the Register.
The existence of q salt spring on q tract o
land withdrsws 1t from the operation of tn
homestead and presumption laws. A hesrih
for the purpose of proving the agriculture
character Of such land 10 not allowed. Ian
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate an
distinct claim aga1nst each application whic
1t Is alleged conflicts with the premises owne
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes part OF tn
record.
when an adverse claim has been filed 1t can
/ mot ho amanAad q n M N amhraNa n laruaP n0r
ton OF the promises than that described IN tn
original adverse claim.
An adverse claim must be made out ii
proper form and filed in the proper local ofic
during the period Of publication Of the sppn
cation for the patent to be effective.
1t Is the duty of the adverse m Il
commence suit in proper form within the re
CURED time, and II he trusts the uncertail
medium of the United States mail he mus
abide the consequences, should the della,
ensue, through misfortune or accident. Should
the failure to ommenc suit be the result o
the corrupt or dishonest action Of his attorney
the Interior Department cannot redress tn
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases his sdvers
claim. A statement In general terms, embody
ing conclusions of law, without stating tn
facts specially, Will not be considered in evi
dence.
, An adverse claimant should show 9 compli
snce with the local laws In recording his clair
and in regard to expenditures. and shall nle
copy OF the original notice Of his location, an
show the nature or extent Of the confic
alleged.
An allegation of parties TO q suit that the
, compose the company 10 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 is Of little, If any value, for ayr
4 cultural purposes, but 10 essential to tn
proper development Of mining claims,
should be disposed Of under the Mining Act,
Where lands containing valuable miners
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 d.
4, posits.
Where valuable deposits Of mineral are dI
Z covered upon Q tract after the sam aas bee
entered as agricultural, but before ! etent hi
been Issued, the parties claiming the min
may make application for patent for SAM
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 pal
with the patent.
Agricultural College scrip cannot be r
ceived In payment for claims
AAhG
A foreigner may make 9 mining location an
dispose OF 1t. provided he becomes o citizt
, before disposing Of the mine. Proof that Il
party was not a citizen before disposlng OF h
y claim must be afirmstively shown.
: Locators and intermediate owners, 9th,
: : than applicants. will not be presum ] alien
: in the absence Of allegation or objection pri,
. to issuance Of patent.
The portion of q mining claim sold TO q
: alien cannot be patented while such owner
an allen; but on his declaration TO become
citizen his right dates back to his purchas
. sud he may thereupon secure United Stat,
= patent for his claim.
CROSS LEDGRs.
Revised statutes. Section 1896:
Where two or more lodges cross or interse,
each other, priority Of title shall govern. an
such prior location shall be entitled to all OF
= or mineral contained within the space of int
section, but the subsequent location shall hs,
the right Of way through the space of inte
section for the purpose Of the converter
working Of the mine. And where two or no,
: veins unite the oldest or prior location sha
Q take the vein below the point OF union. 4,
Guiding all the space Of intersection.
II TUNNELS.