Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-08
INFOR NATION
FOR.
OWNERS AND LOCATORS
....OF....
MI Z III e. 9.
APPLICATION ron PATENT.

APPLICATION FoE PATENT.
Where papers have once been fled 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the record, and can neither be Withdrawn nor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
ersl 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 q
new designated NJ puoiishedn 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 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 aud dis
tlnct portions of @ claim, application for
patent may be made by either for tn at 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.
i person or association may purchase as
many placer locations as the local law admits,
ohb OhAOAoNO thVA "a Al Ouc hPPAtChtiOu tOE .
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 boundaries
Papers sworn to before any person purport-
ing to act as & 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
a clause is inserted Excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provementsn not belonging 10 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 Go 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 daily issue
OF a newspaper for publication OF notices of q
mining application for patenti it Ia not a COM
pliance with law TO change to the weekly edi-
tton of the same paper without authority of
the l.egister.
The existence o, a salt spring on tract of
land withdrsws IT from the operation Of the
Homestead and presumption laws. A hearing
for 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 claimants must file q separate and
distinct claim against each application which
II IL alleged conflicts with tho premises owned
| by such adverse ctAimAnt.
Tie papers In an adverse claim, once hled,
cannot be withdraw, but becomes q part of tho
record.
when an adverse claim has been fled IL can,
not be amended SO ~ 10 embrace a larger per.
ton OF the premises than rhAt described In the
original adverse clSitn.
An adverse claim must be made out In
proper form and flied in the proper local otict
during the period OF publication OF the appli.
cation for the patent to be effective.
1t Is the duty of the adverse claimant c
suit In proper form within the re
quired time, and II he trusts the uncertain
medium OF the United States mail he mus
abide tho consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor ,upt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should SGT 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, VIII not be considered In evil
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and in regard to expenditures. aud shall nls q
copy Of the original notice of his location, and
show the nature or extent OF the oonfic
alleged.
An allegation OF parties to 3 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are ths
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LAsDs.
Where land is OF little. II any value, for agri.
cultural purposes, but Is essential to thu
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 agriculture
entry, said entry will be cancelled at 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 q tract sitter the same las been
entered a. agricultural, but before l sent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip oanno. be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
~ Az OCCOHbEs . CAtiLo
before disposing OF the mine. Proof that the
party was not . citizen before disposing OF hts
claim must be affirmatively 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 is
an alien; but on his declaration; o become o
citizen his right dstos back to HIS purchase,
aud he may t~hereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 2,336:
Where two or more lodges cross or intersect
eacn other, priority OF title shall govern. and
such prior location shall be entitled TO all ore
or mineral contsined within the space Of inter-
section, but tho subsequent location shall have
the right OF way through the space of inter
section for the purpose OF the convenient
working or the mine. And where two or more
veins unite the oldost or prior location shall
take the vein below the point Of union, In
Guiding all the space of intersection.
TUNNELS.
There 10 no authority OF law for 3 tunnel
location 5000 by 800 feet. A proper location
In tho UyAAfh ~ A. A.. p q nnn onk