Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-13
aWFOR NATION
.~...FOG....
OWNERS AND LGchTnRS
....OF....
MI L III - .:


APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become u part of
the record, and can neither be Withdrawn nor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
newspaper designated as published nearest the
claim.
Third-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 Goes 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 OWE undivided interests in n mining
claim all should join in an application for n
patent.
A person or association may purchase ss
many placer locations 81 the local law admits,
and embrace them all in one application for a
patent.
Two or more lodes cannot be embraced in
one application for a 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 Be
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
q clause is inserted excepting and excluding
all town property, rights upon the surface,
aud all hnr7QpQ hntlhfnDa QtrIctnFGd lntR
blocks, streets, alleys or other municipal i'm
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
fret and last insertions.
Where the Register designAtes thedailyi issue
of a newspaper for publication Of notices of o
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 OF
the Register.
The existence OF q salt spring on q tract Of
land withdrAws it from the operation of the
homestead and ~pre-emption laws. A hearing
for the purpose OF proving the Agriculture
character Of such land is not allowed. LAM
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE oLAIMs.
Adverse claimants must file q separate anc
distinct claim against each application which
II is alleged conflicts with the premises owned
by such adverse
The papers In an adverse claim, once fled
cannot be withdrawn, but becomes part Of thu
record.
When an adverse claim has been filed ii can
not be amended so as to embrace q larger per
ton OF the premises than that described in tn
! original adverse claim.
An adverse claim must be made ont ii
proper form and filed In the proper local ofie'
during the period of publication Of the sppli
L cation for the patent to be effective.
1t Is the duty OF the adverse claimant
] commence suit in proper form within the re
CURED time, and If he trusts The uncertain
. medium OF the UnIted States mail he mus
abide the consequences, should the delay
ensue,t through misfortune or accident. Shout,
the failure to commence suit be the result o.
the corrupt or dishonest actiono Of his attorney
the Interior Department cannot redress III
wrong.
An adverse claimant should set forth in dc
] tail the facts upon which he bases his advers,
claim. A statement In general terms, embody
. ing conclusions Of law, without stating tn
= facts specially. Will cot be considered Ia eyt
dence.
ance with the local laws in recording his CLAIM
and in regard to expenditures, aud shall nle
copy of the original notice OF HIS location, an
! show the nature or extent OF the oonflc
alleged.
u An allegation of parties TO a suit that the,
compose the company 10 sufficient, and the
are not required to prove that they are tn
original ~locstors or the identical parties witt
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little. If any value, for aeri
n cultural purposes, but is essential to III,
proper development of mining claims, Il
should be disposed Of under the Mining Act,
WHARF lAuda containing vaIuahla mtuaral
deposits have been included in an agriculture
= entry, said entry will be cancelled al any tim,
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 q tract after the same 'sas beer
entered as agricultural, but before / stent hal
been issued, the parties claiming the min,
may make application for patent for same
n and the agricultural entry will be cancelled &
4 that portion Of the land embraced by SAID
mining claim.
, Where mineral deposits are discovered on
agricultural lands after the patent has beer
issued to an agricultural claimant, they pass
with the patent.
q Agricultural College scrip cannot be
ceiVed in payment for claims.
ALIENS.
a A foreigner may make a mining location
dispose OF 1t. provided he becomes a citizen
before dispoeing OF the mine. Proof that the
party was not a citizen before disposlng of his
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 a mining claim sold to an
alien cannot be patented while such owner ia
an alien; but on his declarationj o become q
citizen his right dates back to his purchase,
aud be may thereupon secure United States
patent for his claim.
CROSS LEDGEg.
Revised Statutes. Section 2, 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 eontsined 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