Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-06
INEOR
....FOE,...
OWNERS AND L0CaT0RS
MI III Els i.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
| Register and Receiver they become . part OF
the record, and can neither be Withdrawn MOI
returned, but must be transmitted TO the Gen
crsl Land Once.
An application will be rejected when the de-
scription of the premises is erroneous or In
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 a
| new paper designated as published nesrestthe
claim.
Third-Record title wasffound 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 and dis
tinct portions Of q claim, application for
patent may be made by either for tbs portion
of 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 as
many placer locations as the local law admits,
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 q 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
u clause is ins erted Excepting aud excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
blocks. streets, alleys or other municipal Inn
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 q 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
frat and last insertions.
Where the Register d esignates the d ally Issue
of 0 newspaper for publication of notices Of
mining application for patent it 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 o salt spring on q tract Of
land withdrsws 1t from the operation OF th'
homestead and presumption laws. A hearing
| for the purpose of proving the Agriculture
| character OF such land IL not allowed. Lant
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate Ent
| distinct claim against each application which
1t Is alleged conflicts with the premises ownet
by such adverse claimant.
The papers IN an adverse claim, once hled
cannot be withdrawn, but becomes q part OF th'
record.
When an adverse claim has been filed It can
not be amended 30 as to embrace O larger por
ton OF the premise than that described in tht
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local Office
during the period Of publication Of the sppli'
cation for the patent to be effective.
1t is the duty OF the adverse claimant to
commence 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 commence suit be the result OF
the cor rup or dishonest action of his attorney,
the Interior 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 q compli
snce with the local laws in recording his claim
and in regard to expenditures. and shall nle
copy Of the original notice OF his location, anC
show the nature or extent OF the confic'
alleged.
An allegation Of parties to q sui. that the,
compose the company is sufficient, and the,
are not required to prove that they are thu
original ~locstors or the identical parties wht
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, if any value. for agri
cultural purposes, but 10 essential to tn
proper development Of mining claims, 4
should be disposed Of under the Mining Act.
Where lands containing valuable minera
deposits have been Included in an agriculture
entry, said entry will be cancelled at any tim,
prior to issuance of patent, upon satisfactor,
evidence Of the existence of such valuable de
posits.
Where valuable deposits OF mineral are dis
covered upon 3 tract sitter the Same ass beer
entered as agricultural, but before l Stent ha
been Issued, the parties claiming the min,
may make application for patent for same
and the agricultural entry will be cancelled h
that portion OF the land embraced by SAT-
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beel
Issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be re
ceived in payment for claims.
ALIENs.
A foreigner may make q mining location an
dispose Of 1t. provided he becomes q citizel
before disposing OF the mine. Proof that tn
party was not q citizen before disposlng OF hi
claim1nust be affirmstively shown.
Locators and intermediate owners. othe
than applicants, will not be presumed aliens
in the absence If allegation or objection prio
to issuance of patent.
The portion of q mining claim sold to a
alien cannot be patented while such owner 1
an alien; but on his declaration TO become
citizen his right dates back to his purchase
!ud he may thereupon secure United State
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersec
each other, priority Of title shall govern. an,
such prior location shall be entitled 10 ali or
or mineral contained within the space of inter
section. but the subsequent location shall hay
the right of way through the space of inter
section for the purpose of the convenien
working Of the mine. And where two or nor
veins unite the olde.t or prior location shal
take the vein below the point OF union. In
Guiding all the space Of intersection.
TUNNELS.
There Ia no authority of law for a tunne
i location 5000 by /, 500 feet. A proper Iocatio,