Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-23
INFOR NATION
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OWNERS AND L0cATORS
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APPLICATION FOR PATENT.
Where papers have once been died with the
LEICESTER and Receiver they bee Jme . part of
the record, and can neither be Withdrawn nor
returned, bat must be transmitted 10 the Gen
ersl Land Once.
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~second-Then notice was not published in q
claim.
T~hird-Rscord title was found defective,
and
Foursh--A previous application had been
made for the same premises, which was with.
drawn penaing . 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 lscsted in scoord.
ance with law.
Where several parties own separate and dis
tInct portions Of Q claim. application for
patent may be made by either for to 1T portion
VI the claim owned by him: but where several
parties own undivided interests in = mining
claim all should join in an application for q
patent.
A person or association may purchase az
many placer locations IS the local law sdmits,
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their bound aries
Papers sworn to before any person purport-
ing 10 act as . deputy for the Register and He
ceiver cannot be recorded a. evidences.
In ali patents for mining claims stu ated
within the interior boundaries Of Q town site
6 clause is In, erted "eyeepting and excluding
n
and all houses. buildings, structures. lots,
blocks. streets, alleys or other municipal i'm
| proyementsn not belonging 20 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 a only
ono newspaper for tie period OF 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and IN daily
rewspspers co days must elapse between the
fret and last insertions.
whsre the Register dosignates the d ally Issue
Of o newspaper for publication of notices of .
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 8 tract OF
land vithdrsws It 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 be
4 bAG AAC IA USE
ADyERsK CLAIMS.
Adverse claimants must nle Q separate and
distinct claim sgAinst each application which
II IL alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In an adverse claim. once filed.
cannot be withdraw. but becomes . part OF the
record.
When an adverse claim has been fled IL 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 ont in
proper form and hied in the proper local OH ce
during the period Of publication OF the sppli-
cation for the patent TO be elective.
1t Is the duty Of the adverse claimant o
suit In proper form within the re.
CURED time, and IL be 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 u suit be the result OF
the cor fupt or dishonest action Of his afterney.
the Interior Departments 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.
denee.
An adverse claimant should show q compii.
Ance with the local laws In recording his claim
and in regard TO expenditures. and shall ole 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 SUFFICIENT, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LArps.
Where land is Of little, II any value, for sQri.
cultural purposes. but 10 essential to the
proper Development Of mining claims, IL
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 81 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 . tract sitter the same sas been
entered a. agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry win be cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued 10 an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF IL. provided he becomes . citizen
before disposing OF the mine. Proof that the
party was not o citizen before disposing Of his
claim must be sfirmstively shown.
Locators and Intermediate owners, other
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
10 issuance Of patent.
The portion Of Z mining claim sold to an
alien cannot be patented while suoh owner is
an alien; but on his declarationi o become .
citizen his right dates back 20 his purchase,
qua he may thereupon secure United States
patent for his claim.
CROSS LRDoKs
Revised Statutes. Section 1855:
where TWO or more lodges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled to oil ore
or mineral contained within the space of inter.
section. but the subsequent location shall have
tne right OF way through the space OF inter.
working OF the mine. And where two or more
veins unite the oldest or prior location shall