Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-21
iNFOR NATION
~....FoR....
OWNERS AND LOCATORS
....OF....
MI i M E - .
APPLICATION FOR PATENT.

IVA
Where papers have once been fled with the
Register and Receiver they become q 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the record, and can neither be Withdrawn nor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 10 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 n
new p designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor 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 " separate and dis
tinct portions Of 9 claim, application for
patent may be made by either for tn 1t portion
Of the claim owned by him; but whers several
parties own undivided interests in q mining
claim all should join in an application for q
patent.
many placer locations as the local law admits,
and embrace them ell In one application for 9
patent.
Two or more lodes cannot be embraced in
one application for Q patent except for placer
claims embracing two or more loaes within
their boundaries
Papers sworn to before any person purport-
ing to act rs 9 deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries Of o town site
. clause 10 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
provements not belonging to the grantee here
In. and ali rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made q only
one newspaper for tue period Of 80 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and in daily
newspapers co days must eispse between the
| frat and last insertions.
Where the Register designstes the d ally issue
OF q newspaper for publication of notices of q
mining application for patent ii 10 not Q com.
plianoe with law TO change to the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF . salt spring on Q tract OF
land withdraws 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 bt
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale o separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim. once hIed
cannot be Withdrawn, but becom os q part OF the
record.
When an adverse claim has been hlod 1t can.
not be amended so as TO embrace a larger per
ton OF the premises than that described ia the
1 arfutna1 aduapaa aI.f.Ka
An adverse claim must be made out IN
proper form and fled in the proper local OIL CO
during the period OF publication Of the AppIi-
cation for the patent ~ be effective.
1t 10 the duty Of the adverse claimant c
commence suit in proper form within the re.
Quired time, aud IL he trusts the uncertain
medium Of the United States mail he must
abide she consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO suit be the result OF
the corfapto or dishonest sction Of his attorney.
the anterior 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, embody.
Ing conclusions OF law, without stating the
facts specially, Will not be considered In evi.
dence.
An adverse claimant should show 9 compii.
ance with the local laws in recording hts claim
and In regard TO expenditures, aud shall nile a
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 IL SUFFICIENT, and they
are not required to prove that they are tbs
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is of little. If any value, for agri.
cultural purposes, but 10 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 81 any time
prior to issuance of patent, upon satisfactory
evidence OF the existence Of such valuable de-
posts.
Where valuable deposits OF mineral are dis.
covered upon . tract after the SAME aas been
entered Us agricultural. but before I <tent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry win 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
Issued to an agricultural claimant, they pass
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 Q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposlng of hts
claim must be Rf1rmatively 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 sn
alien cannot be patented while such owner 10
an alien; bnt on his declsrationi o become .
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LRDoEs.
Revised Statutes. Section 2,336:
| 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 contsined within the space of inter-
section. but the subsequent location shall have