Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-14
lNFOR NATION
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OWNERS AND LOCATORS
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MI III "a g
APPLICATION ron PATENT.

APPLICATION ron PATENT.
Where papers have once been fled with tho
LEICESTER and receiver they become q part Of
the record, aud can neither bo Withdrawn NOR
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected when the
scription 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
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending o suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
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 9 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 a mining
claim all should join In an application for y
patent.
A person or association may purchase 90
many placer locations ~ the local law admits.
and embrace them all in one application for =
patent.
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 3 deputy for the Register and Re-
ceiver cannot be recorded NJ evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
q clsuse 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 10 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 so days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elspse between the
first and last insertions.
Where the Register designAtes the Tally issue
of q newspaper for publication of notices of .
mining application for patent IL 10 not . COM
pliance With law TO change to the weekly edi.
ton Of the same paper without authority of
the Register.
The existence OF q salt spring on . tract OF
land withdrsws 1t from the operation Of the
homestead and pre-emption laws. A hearing
for the purpose Of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ApvERsE CLAIMS.
Adverse claimants must hle Q separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot be Withdrawn, but becomes . part Of the
record.
When an adverse claim has been fled IL can.
not be amended 80 NJ to embrace q larger por.
ton Of the premises than that described in the
original adverse claim.
An adverse claim must be made ont In
proper form and flied in the proper local oftic CO
during the period OF publication Of the sppli-
cation for the pgteDt to be effective.
1t 10 the duty Of the adverse claimant q
suit In proper form within the re.
quired time, and IL he trusts the uncertain
medium Of the United States mali he must
abide the consequences, should the delay
ensne. through misfortune or accident Should
the failure to suit be the result OF
the corrupto or dishonest action Of his attorney,
tho Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases hts adverse
claim. A statement In general terms, embody-
ing conclusions Of law, without stating the
facts specially, Will not be considered ia evil
dence.
An adverse claimant should show g compli.
Ance with the local avs In recording his claim
and In regard TO expenditures. and shall ale q
copy Of the original notice Of his location. and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to . suit that they
compose the company 10 SUFFICIENT. and they
are not required to prove that they are this
original ~locators or tho identical parties who
present the adverse claim.
AGRICULTURAL OF MINERAL LANDs.
Where land is of little, If any value, for agrl.
cultural purposes, but is essential to the
proper development Of mining claims. It
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 AZ 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 q tract after the same fas been
entered as agricultural, but before / dent has
been fssued, 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 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 1t. provided he becomes @ citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposing of hts
claim must be afirmatively shown.
Locators and Intermediate owners, other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of 9 mining claim sold to an
alien cannot be patented while such owner 10
an alien; but on his declarationi 0 become &
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDoEB.
Revised Statutes. Section I, 1886:
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.
GLIDING all the space OF intersection.
TUNNELS.
There Ia no authority of law for q tunnel
l~ocstion 5000 by l. 800 feet. A proper location
is the width OF the tunnel for 5000 feet.