Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-19
lNFoR NATION
OWNERS AND LOcATORs
OF
M Es
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
Wnere papers have once been fled win
register ana lteceiver they become "nnh The
the record, aud can neither be witSds part Of
returned, but must be transmitted 10 ~ nor
eral Land ONCE. 'ne Gen.
An application will be rejected yhs, A..
scrIption OF the premises IL erroneous asee
Application for patent will be reieo,.a
First : The notice was published w,,hon.,
knowledge of the Register. 'u'ms
notice was not published IN.
Newspaper designated as published n%esrssta,.
Third-Record title was found da,so.-
Feurth--A previous application had h.
msoe Tor the same premises, which was ueea
uIswn pending q suit in Court commenced l.
the adverse claimant. Dg
An application for patent will be re;ao,,
Whon the survey does lot accurately desns n
boundaries OF the claim. IN 'hs
Where the claim was not located in .coo-,
ance with law. secord.
Where several parties own separate and
tinct portions of u claim, appllcntiou us
patent may be made by either for tn al rn..iof
OF the claim owned by him: but whe,s roo, a
parties W undivided interests in 4 ntnani
claim all should join III an application forAss
patent.
A person or association NAV nuroh...
many placer locations ss the local law 49,.
and embrace them all in one application a,Aa,
patent.
Two or more lodes cannot be embraced 4.
one application for a patent except for plso.
their boundaries. ""a
Papers sworn to before any person pn,,o.
ing to act as q deputy for the Register ana =.
ceiver cannot be recorded as evidence.
In all patents for mining claims situ,.
within the interior boundaries OF a town ~.
3 clause Is Inserted Excepting and ercind,ns
all town property, rights upon the surfsra
and all houses, buildings, structures lo,s
blocks, streets, alleys or other mupicip.l io' ~
provements not belonging to the grantee bera-
In, and Gil rights necessary or proper to Tia
occupation, possession and enjoyment q, III
same"
Publication Of notice must be made n on,v
one newspaper for the period OF so DAYS.
Notice must be published 10 eonseeu,iv,
weeks in weekly newspapers, and in dTlv
newspapers 60 days must elspse between n.
frat and last insertions.
Where the Register destgnates the d ally issna
of q newspaper for publication of notices of =
mining application for patent 1t is not a com.
pliance with law to change to the weekly al.
tion of the same paper without authority OF
the Register.
The existence Of q salt spring on a tract OF
land wtthdrsws 1t from the operation Of the
Homestead and presumption laws, A hearing
for the purpose OF proving the agricultural
character OF such land fs not allowed. Land
containing valuable deposits Of slate NAV be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 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 filed
cannot be Withdrawn, but becomes 9 part Of thu
record.
When IN adverse claim has been filed 1t can
not be amended so az to embrace Q larger por
ton OF the premises than that described in th,
original adverse claim.
An adverse claim must be made ont Ii
proper form and hled In the proper local ofac
during the period of publication OF the appli
cation for the patent to be effective.
1t is the duty Of the adverse lsimant 4
suit In proper form within the re
CURED time, and II he trusts the uncertai
medium OF the United States mail he mus
abide the consequences. should the della,
ensue, through misfortune or accident. Shout
the failure TO commence suit be the result O
the corrupt or dishonest action OF his attorney
the Interior Department cannot redress th,
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his sdverse
claim. A statement in general terms, embody
Ing conclusions Of law. without stating the
facts specially, will not be considered In evi
dence.
An adverse claimant should show q compli.
snce with the local laws In recording his claim
and In regard to ex expenditures. aud shall nle q
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 10 sufAcient, and they
are not required to prove that they are the
/ rfz Ia1aknwa AS AhA AAGna{oaI a.k4a mia
| present tho adverse clsim.
Ao%RIoULTURAL OR LANDS.
Where land is of little. If any value. for sgrt
cultural purposes, but IL essential to the
proper development Of mining claims, 1t
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 at any time
prior to Issuance OF patent, upon satisfactory
evidence OF the existence of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon a tract after the sam ,as been
en- tered az agricultural, but before ! Aent has
been issued, the parties claiming the mine
may make application for patent for same,
aud the agricultural entry will be Cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered Oh
agricultural lands after the patent has been
Issued TO an Agriculture claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make q mining Location anu
dispose OF IL. provided he becomes q citiles
before disposing OF the mine. Proof that in
party WAS not q citizen before disposing Oh na
claim must be Affirmatively shown.
LocatoIs and intermediate owners, otha
than applicants, will not be presumed allels,
In the absence Of allegation or objection prior
to issuance Of patent.
The portion of a mining claim sold 70 81
alien csnnot be patented while such owner u
an alien; but on his declaration to become
| citizen his right dates back to his pnrcnAss,
aud no may t~hereupon secure United Siss'
patent for his claim.
cRoss LEDeEs.
Revised Statutes. Section 2,336:
Where two or more lodges cross or intefseV,
each other, priority Of title shall govern, Ana
such prior location shall be entitled TO gu
or mineral contsined within the space OF in.on
section, but the subsequent location snsiinss.
the right of way through the space OF in,ra
section for the purpose of the cohvenen
working of the mine. And where two or TioiYy
veins unite the oldest or prior loeanoh shn"
tax the vein below the point OF sunion' IN
Guiding all the space of intersection
TUNNELS