Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-15
INFOR NATION
FOR.
OWNERS AND LOCATORS
~....0F....
MI Il III 81 S.s f.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must be to the Gen
ersl Land Once.
An Application will be rejected when the
scrlption 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.
S~econd-The notice was not published in q
newspaper 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 tho
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties W separate and dis
tinct portions of q claim, application for
patent may DO made by either for tn at 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 .
patent.
A person or association may purchase as
many placer locations rs the local law dmits,
and embrace them all in one application for o
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 a deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
q clause ia inserted excepting and excluding
II all fnwn nrnnaFfv rtuhta imam tho g1xfara
and all houses, buildings, structures, lots,
blocks. streets, alleys or other municipal i'm
provements not belonging to 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elspse between the
| first and last insertions.
Where the Register designates the daily issue
of q newspaper for publication of notices of Q
| mining application for patent IL Ia not O COM
pliance with Law to change to the weekly edi.
ton of the same paper without authority OF
the Register.
The existence o. o salt spring on a tract OF
land withdrsws 1t 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 uuuer tne mining Acta.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate and
distinct claim against each application which
II Is alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In an adverse claim, once filed
cannot be Withdrawn, but becomes q part Of tbs
record.
When an adverse claim has been fled IL can.
not be amended so as to embrace a larger per
1 f10n of tho nTgfntGGa III ia IllNl 1HGfTthad In n a
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local OIL O.
during the period of publication OF the appli.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant {
suit in proper form within the re
quired time, and IL he 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 ommences suit be the result OF
the corTupto or dishonest action Of his attorney
the Interior Department cannot redress tn,
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 he considered In eVi
dence.
An adverse claimant should show a compli,
ance with the local laws In recording his claim
and in regard 10 expenditures. aud shall Ale a
copy OF the original uOflce OF his location, AND
show the nature or extent Of the conhicI
alleged.
An allegation Of parties TO a suit that they
compose the company 10 sufficient. and they
are not required 10 prove that they are tbs
original ~locators OF the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little, If any value, for aQrl.
cultural purposes, but IL 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 Agriculture
entry, said entry will be cancelled al 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 a tract sitter the same sas been
entered as agricultural, but before ! aent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled T.
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 a citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposing of hts
claim must be afirmatively 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 q mining claim sold to an
alien cannot be patented while such owner is
an alien; but on his declaration O become q
citizen hts right dates back to HIS purchase,
aud no may theroupon secure United States
patent for HIS clsim.
GROSS Lodges.
Revised Statutes. Section {, 1886:
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