Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-24
INFoR NATION
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AND L0CAToBs
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EG
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
"nelc papers have once been filed win a.
n.elster and Receiver they become , me
...e.o,u, ana can neither be withdrawn..
ersl Land ONCE. 'he Gen.
a. application will be rejected vhsn a..
pslon OF the premises Is erroneous q, "
Application for patent will be reisc,., :
First The notice wss published w,,.u.
knowledge OF the Register. ''ne
coha-I notice WIS not published
designated AS published nesrsstIt,ss
Third-Record title was found ,.,..
and Nouno directive,
Fourth--A previous application h,d 49,.
Inaue Tor the same premises. which -. ooen
drawn pending y suit in Court commen.sa Us
the adverse claim ant. ~
An .Ppiieation for patent will be re,sc,.a
"hen the survey does not accuratelv dasra
boundaries of the claim, '"ue' ne
where the claim was not located In scco,a
snce with law. scoofd-
Where several parties own separate and A.
tinct portions OF q claim. application IA,
OF the claim owned by him but whs,s Poa r v
parties own undivided interesfa in = ,n',a ~
claim all should join In an application 1 Ting
patent. Nts
A person or association NAV pnrch..a.
"y ptaSel tvoa'ions rs the local Law admits
and embrace them all In one application fo,.,
patent.
Two or more lodes cannot be embraced 4,
one application for q patent EXCEPT for nJso.a
claims embracing two or more lodes witS,a
their bound aries. "'a
Papers sworn to before any peraop nnxno.
ing TO act as Q deputy for the Register and ~
ceiver cannot he recorded a. evidences.
In all patents for mining claims aitu.taa
within the interior boundaries Of a town si,s
. clsuse is ins erted excepting and exeInsins
All town property. rights upon the surface
and ali houses, buildings, structures. lo,,
blocks, streets, alleys or other muuicipsI An,
provements not belonging TO the grantee hs,a
In, and all rights necessary or proper to ~
occupation, possession and enjoyment Of The
same"
Publication Of notice must be- made n o,,v
one newspaper for the period OF co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in dsiIv
newspapers go days must elspse between ~
frat and last insertions.
where the Register d esignstes thedstly issue
Of q newspaper for publication Of notices Of 4
mining application for patent II IL not a com.
pliance witE law to change TO the weekly edi.
non OF the same paper without authority Of
the Register.
The existence OF 3 salt spring on q tract Il
land withdrsws IL from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
IL Is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed.
canno be ~withdrawn.b but becomes . psrtof the
record.
When an adverse claim has been filed It can.
not be amended so as to embrace q larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and hied In the proper local off 60
during the period Of publication OF the sppli.
cation for the patent to be effective.
1t is the duty OF the adverse claimant 10
suit in proper form within the re-
quired time, and IL he trusts ,ho 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 result Of
the corfupto or dishoneBt action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse clAiman should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms,e mbody.
ing conclusions of law. without stating the
facts specially. Will not be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and In regard 10 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 q suit that they
compose the company IL suficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on LANDS.
Where land is Of little. II any value. for agri.
cultural purposes, but IL essential to the
proper development Of mining claims, IL
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 81 any tint
prior TO issuance of patent, upon satisfactory
OF the existence OF sueh valuable de-
posts.
covered upon a tract sitter the SAINT ass oeen
entered as agricultural, but before ! xent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 70
portion OF the land embraced BY SAID
mining claim.
Where mineral deposits are discovered on
lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannon DC re-
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location aud
dispose of 1t. provided he becomes Q citizen
disposing OF the mine. Proof that the
party was not g citizen before disposing OF hts
claim must BIO afirmAtively shown.
Locators and intermediate owners. other
ian applicants. will not be presumed aliens,
the absence Of allegation or objection prior
to issuance OF patent.
The portion of @ mining claim sold to an
alien cannot be patented while such owner IL
an alien: but on his declaration to become Q
his right dates back to his purchase,
he may thereupon secure United States
patent for his claim.
CROSS LEDOEs.
Revised Statutes. Section 2,336:
Where two OF more lodges cross or ~interseet
each other, priority OF title shall govern, ana
,uch prior location shall be entitled to all ore
mineral confined within the space OF inter
but the subsequent location shsilhsYe
he right Of way through the space OF inMl,
for the purpose OF the conyenIens
OF the mine. And where two or porv
seins unite the oldest or prior location shai
AXE the vein below the point OF union' III
,ludiDg all the space Of intersection.
There is no authority of law for q thinner