Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-22
MFoR NATION
.~...FoR....
owNERS AND L0cATORs
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MI Il M ES
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
Where papers have once been 6lad
n'gister and Receiver they become tne
the record, and can neither be witbd part Of
returned, but must be transmftted 10 ~ nor
eral Land ONCE. "o uen.
An application will be rejected vber
scrlption Of the premises is erroneous nsas.
sufficient. or 10.
Application for patent will be reioo,.,
cause: 1e'ecsed DO.
First = The notice was published with.
knowledge Of the Register, u'the
second-The notice was not published IN
claim. Hearestthe
Ihird-Record title was found defective
Fourth--A previous application h.a
made tor the same premises, which was Wy Ueu
drawn pending q suit in Court Commence y
the adverse claimant. ny
An application for patent will be reisc,.,
when the survey does not accurately defra
boundaries OF the claim. sne
Where the claim was not located in acco,s
ance with law. se0ofd.
Where several parties own separate and A.
tinct portions VI q claim, appllratio, n
patent may be made by either for IN AT nn.,i nf
OF the claim owned by hun but where sovs.a
parties own undivided interests in : ,ninauA
claim all should join in an application fo,ss
patent. "
A person or association NAV nnrch....
many placer locations as the local law sSm,,a
and embrace them all in one application for,
patent.
Two or more lodes cannot be embraced :,
one Application Tor q patent except for place,
claims embracing Two or more lodes witbin
their boundaries.
Papers sworn to before any person purport.
ing to act as q deputy for the Register ana r..
ceiver cannot be recorded as evidence.
In all patents for mining claims situ.,.a
within the interior boundaries OF a town ~
o clause Is inserted excepting and exoludins
all town property. rights upon the surfscs
and all houses, buildings, structures. Jots
blocks, streets, alleys or other municipsl im'
provements not belonging TO the grantee ba,a
In, and all rights necessary or proper 10 tbs
occupation, possession and enjoyment Of ths
same"
Publication of notice must be made n on,v
one newspaper for the period OF 90 days,
Notice must be published 10 consecutive
weeks in weekly newspapers. and In dsily
newspapers 60 days must elapse between m.
fret and last insertions.
Where the Register designstes the sily isspe
Of q newspaper fer publication Of notices Of a
mining application for patents IL Is not a com.
pliAnce with law to change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence OF o salt spring on a tract O,
land withdraw 1T from the operation Of the
homestead and presumption laws. A hearing
fer the purpose OF proving the agricultural
character of such land is not allowed. Land
containing valuable deposits OF slate may BE-
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claim ants must file Q separate and
distinct claim against each application which
1t IL alleged conflicts with the premises ownsd
by such adverse claimant.
The papers in an adverse claim, once fled,
cannot be Withdrawn. but becomes 9 part Of the
record.
when an adverse claim has been fled II can.
I -AA H. 49,.
ton OF the premises than that described in tbs
original adverse claim.
An adverse claim must be made out in
proper form and flied In the proper local Office
during the period Of publication Of the spplt
cation for the patent to be effective.
1t is the duty of the adverse claimant ID
commence suit in proper form within the re
CURED time. and If he trusts the uncertaiI
medium Of the United States mail he mus
abide the consequences, should the celay
ensue, through misfortune or accident. shoult
the failure TO commence suit be the resIlt Of
the corfupt 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, eInbody.
ing conclusions of law, without stating the
facts specially, Will not be considered Ia eEt.
dence.
An adverse claimant should show a compli.
ance with the local laws In recording his claim
and in regard TO expenditures. and shall hle 8
copy of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to a snit that they
compose the company IL sufficient. and they
are not required to prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
~oUL 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. II
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 st any time
prior to Issuance of patent. upon satisfactory
evidence OF the existence OF such valuable DE-
posits.
Where valuable deposits Of mineral sre dis
covered upon q tract sitter the same is been
en- tered az agr, cultural, but before J Sent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry Will be Cancelled 20
that portion of the Lar 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 re-
ceiyed in payment for claims.
ALIENS.
A foreigner may make a mining Location anu
dispose OF it. provided he becomes q citizen
before disposing OF the mine Proof that me
party was not q citizen before disposing OF MS
claim must be afirinstively shown.
Locators and intermediate owners. othef
than applicants, will not he presumed aliens,
in the absence Of allegation or objection prior
to issuance of patent.
The portion of q mining claim SOLD 10 ~
alien cannot be patented while such owner u
an alien; but on hts declaration to become .
citizen his right dates back to his purchase,
lud he may thereupon secure United o'A'''
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1856:
Where two or more lodges cross or in'erses,
each other, priority OF title shall govern, ~
such prior location shall be entitled to All
or mineral contained within the space OF ihsa.
section, but the subsequent location shslinss.
the right Of way through the space OF ln' m !
section for the purpose of the convense.s
working of the mine. And where two OF ~" Iii
veins unite the Oldest OF prior Location sp =.
take the vein below the point OF union' +"
Guiding all the space of intersection
N
t-. fnr a tunnel