Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-08
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....F0R....
OWNERS AND L0CAT0RS
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MI II M r. . =
APPLICATION FOR PATENT.

Register ana receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Office.
An application will be rejected when 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
new spsper designated as published nearestth
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 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
tinct portions of q claim, application for
patent may be made by either for tlat portion
Of the claim owned by him: but where several
parties own undivided interests in q mining
claim all should join In an application for q
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.
WI 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 o town site
q clause is ins erted excepting and excluding
all town property, rights upon the surface.
and all houses. buildings, structures. lots.
blocks, streets, alleys or other municipal Inn
provements 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 u only
one Newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Registerdesignate the daily issue
| of o n newspaper for publication OF notices of q
mining application for patent 1t is not q com
pliance with law to change to the weekly edi
ton OF the same paper without authority o.
the Register.
The existence of q salt spring on q tract OF
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
character of such land Ia not allowed. Lane
containing valuable deposits of slate may bt
| entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate ant
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
annot be withdrawn, but become s q part of the
| record.
When an adverse claim has been filed 1t can
not be amended 30 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 filed In the proper local off, CO
during the period of publication Of the appli'
cation for the patent to be effective.
1t Is the duty Of the adverse claimant 10
suit in proper form within the re.
CURED time, and II he trusts the uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the res lit OF
the cor rupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
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 a compli,
ance with the local laws in recording hts claim
and In regard to expenditures. and shall nile q
copy OF the original notice of his location, and
show the nature or extent of the confict
alleged.
An allegation of parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are ths
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Where land is of little. If any value. for sgri
cultural purposes, but is essential to the
proper development of mining claims, 4,
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 tint
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 sitter the same mas beer
entered as agricultural, but before l Jtent hal
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled Il
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
Issued to an agricultural claimant. they pasi
with the patent.
Agricultural College scrip cannot be re
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes q either
UoiOkc uibpobluS u tu0 mine. IrOOt LnhL tDi
party was not q citizen before disposing of hi
claim must be afirmatively shown.
Locstors and intermediate owners, othe,
than applicants, will not be presumed aliens
in the absence Of allegation or objection priol
to issuance of patent.
The portion of a mining claim sold to al
alien cannot be patented while such owner II
an alien; but on hts declaration to become
citizen his right dates back to his purchase
sud he may thereupon secure United Statel
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1885:
Where two or more lodges Cross or intersec
each other, priority OF title shall govern, ant
such prior location shall be entitled to all or.
or mineral contained within the space of inter
section. but the subsequent location shall hav.
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 halOY the nOint of union In,