Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-17
INEOR NATION
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OWNERS AND L0cAToRS
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M - - .
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become a part OF
the record, and can neither be withdrawn nor
eral Land Office.
An application will be rejected whe the
scrtption Of the premises is 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 the
claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending a suit in Court commenced by
the adverse
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
patent may be made by either for tn at portion
OF the claim owned by him.; but where several
parties own undivided interests in n mining
claim all should join In an application for a
patent.
A person or association may purchase as
many placer locations as 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 a deputy for the Register and Re
ceiver cannot be recorded as evidences.
III all patents for mining claims situated
within the interior boundaries OF q town site
o 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
provementsp 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elspse between the
frat and last insertions.
Where the Register d esignstes thedaily Issue
of q newspaper for publication of notices of q
mining application for patent it is not q COM
pliance with law to change to the weekly edi-
ton of the same paper without authority Of
the Register.
The existence OF O salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land Ia not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADvERsE CLAIMS.
Adverse claimants must fIe q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot be withdrawn, but becomes a part Of the
record.
When an adverse claim has been filed 1t can
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 mado ont in
proper form and hied in the proper local office
during the period Of publication oil the Appli-
cation for the patent to be effective.
i 1t is the duty Of the adverse claimant c
suit in proper form within the re-
quired time, and If he trusts ihe 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 resalt Of
the cor fupt or dishonest action Of his attorney
the Interior Department cannot redress tn,
wrong.
An adverse claimant should set forth in de-
tail the faets upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions of law, without stating the
] facts specially, Will not he considered la evil
dence.
An adverse claimant should show q compli.
ance with the local laws in recording hls claim
and in regard to expenditures. aud shall nle d
copy of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company Is sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
:. present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of little. II any value, for agri.
' cultural purposes, but is essential to the
proper development Of mining claims. Il
should be disposed OF under the Mining Act.
i. 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 the existence Of such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon . tract after the same aas been
p entered 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 will be cancelled to
that portion Of the land embraced by said
Il 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
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF II. provided he becomes q citizen
before dfsposing OF the mine. Proof that the
party was not q citizen before disposlng Of hts
claim must be afhrmatively shown.
6oCntOIs huQ lutorlubQlhte owners, Otler
than applicants, will not be presumed aliens,
In the absence OF allegation or objection prior
to issuance Of patent.
The portion of a mining claim sold to an
alien cannot be patented while such owner ia
an alien; but on his declaration, O become a
citizen his right dates back to his purchase,
oud he may thereupon secure United States
patent for his claim.
CROSS LEDoEs.
Revised Btatutos. Section 1880:
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 contained 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
Guiding all the space of intersection.
TUNNELS.
There is no authority of law for a tunnel
location 5000 by 800 feet. A proper location
Is the width Of the tunnel for 5000 feet.
HhA Ia Il