Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-01

MI I M II O.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been lled with the
hegistcr and receiver they become q part OF
the record, and can neither DO Withdrawn nor
returned, but must be transmitted 10 the Gen
eral Land ONCE.
An application will be rejected when the
scriptton OF the premises Ii erroneous or
sufficient.
Application for patent will be rejected be.
cause:
First The notice was published without the
knowledge Of the Register.
~Second-Ihe notice was not published in a
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
MAuo ZOE tne same premises, which was with
drawn pending o 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 Tor
patent may be made by either for tn ut portion
OF the claim owned by him but where several
parties own undivided interests In a mining
claim all should join In an application for a
patent.
many placer locations as the local law admits.
aud embrace them all In one application for a
patent.
Two or more lodes cannot BIO embraced In
one application for a pstent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing TO act ss q deputy for the Register aud he
| ceiver. cannot be recorded ss evidence.
III all patents for mining claims situated
within the interior boundaries OF q town site
. clause ID Inserted excepting and excluding
all town property, rights upon the surface.
1 1nI oil haN,aA hpaIaSnna af~un4nzaa lxka
blocks, streets, alleys OF other municipal i'm
provements not belonging TO the grantee here
in, and all rights necessary OF proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period OF &C days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elApse between the
first and last insertions.
Where the Register designates the d. ily Issue
of g newspaper for publication of notices of Q
mining application for patent 1t Is not u COM
pliance WITH law TO change to the weekly edi-
uon Of the same paper without authority Of
the Register.
The existence of o salt spring on = tract of
land withdrAws II 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 msy be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle 3 separate and
distinct claim against each application which
II Is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled
cannot be Withdrawn. but becomes 9 part Of tbs
record.
When an adverse claim hts been fled It can
not be amended so AS TO embrace e larger per
ton OF the premises than that described in tht
original adverse elsim.
An adverse claim must be made out IL
proper form and hled in the proper local OH C,
during the period OF publication OF the appli
cation for the patent to be effective.
1t Is the duty Of the adverse claimant
commence suit Ia proper form within the re
quired time, and II he trusts the uncertain
medium of the United States mail he mus'
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result oil
the cor 'upt or dishonest action Of his attorney
the Interior Department cannot redress thu
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases his advers,
claim. A statement in general terms, embody
ing conclusions OF law, without stating thu
facts specially. will not be considered In evi
dence.
An adverse claimant should show 8 compli
anee with the local lave In recording hls CLAIM
and in regard to expenditures, and shall nle
copy Of the original notice Of his location, snC
show the nature or extent OF the eoufic
alleged.
An allegation OF parties to g suit that the,
compose the company 10 sufficient. and theI
are not required to prove that they are tn
original ~locstors or the identical parties WIFI
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land ia of little. II any value, for agri
cultural purposes, but Is essential to th'
proper development Of mining claims, Il
should be disposed OF under the Mining Act.
i. Where lands containing valuable mineral
deposits have been included In an agriculture
entry, said entry will be cancelled 81 any tim,
prior to issuance OF patent, upon satlsfactor,
evidence OF the existence of such valuable de
posits.
Where valuable deposits of mineral are dis
covered upon q tract sitter the same tas beer
entered as agricultural, but before I ltent haI
been issued, the parties claiming the min,
may make application for patent for same
and the agricultural entry will be cancelled Il
that portion OF the land embraced by sait
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant. they pas
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes a either
before disposing OF the mine. Proof that til,
party was not q citizen before disposing OF hi
claim must be afirmatively shown.
Locators and intermediate owners, othel
than applicants. will not be presumed aliens
In the absence Of allegation or objection priol
to issuance of patent.
The portion of Q mining claim sold TO OF
alien cannot be patented while suoh owner II
an alien; but on his declaration, o become
citizen HIS right dates back to his purchase
aud he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1850:
Where two or more lodges cross or intersect
each other. priority OF title shall govern, snd
such prior location shall be entitled to all ore
or mineral contsined 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