Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-07
MISCELLANEOUS.
INFOR NATION
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OWNERS AND lOCAT0RS
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MI M E :

" fAIENIs |
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the record, and can neither be withdrawn nor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 transmitted to the Gen
ersl Land Office.
IN application will be rejected when the de-
scr1ption OF the premises 10 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 q
newspaper designated as published nearest the
claim.
~Third-Record title was found defective,
and
Fourth--A previous application hsd been
made for the same premises, which was with
drawn pending @ 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.
tinct portions of 9 claim. application for
patent may be made by either for tn at portion
OF the claim owned by hun but where several
parties own undivided interests in . mining
patent.
A person or association nay purchase as
many placer locations ~ the local law admits,
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced in
one application for a 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 o. evidence.
In all patents for mining claims situated
within the interior boundaries of o town site
. clause is inherited 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 all rights necessary or proper TO the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made Ia 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 elapse between the
first and last insertions.
Where the Register designstes the daily issue
Of q newspaper for publication of notices OF Q
mining application for patent IL is not q COM
pliance with law TO change 10 the weekly edi-
tion OF the same paper without authority Of
thu Register.
The existence OF Q salt spring on q tract of
land withdrsws Ii from the operation of the
for the purpose of proving the agricultural
character OF such land ia 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
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in sn adverse claim. once filed.
cannot be Withdrawn but becomes . part OF the
record.
When an adverse claim has been filed II can.
not DO amended 80 AZ to embrace a larger por-
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local office
during the period of publication Of the app!i-
cation for the patent 10 be effective.
1t IL the duty OF the adverse claimant to
commence suit in proper form within the re-
quired time, and If 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 resalt OF
the cor tupt 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 evil
dence.
An adverse claimant should show 8 compli-
ance with the local laws In recording hts claim
copy Of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
Az allegation of parties TO a suit that they
compose the company 10 SUFFICIENT, aud they
| are not required TO prove that they are the
| 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 ia essential TO the
proper development OF mining claims, 1t
| 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 q, 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 . tract sitter the same has been
entered AZ agricultural, but before patent 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 or
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
Agricultural College scrip cannot be re-
cetved in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes Q citizen
before disposing of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afhrmativeIy shown.
Locstors 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 m
alien cannot be patented while such owner IL
an alien; but on his declaration to become Z
citizen his right dates back to his purchase
and he may thereupon secure United States
patent for his claim.
cRoss Lodges.
Revised Statutes. Section 1855:
Where two or more lodges CROSS or intersecl
each other, priority Of title shall govern, ant
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
working OF the mine. And where two or more
veins unite the S1dest or prior location shall
take the vein below the point Of union. In
Guiding all the space of Intersection.
TUNNELS.
There In no authority OF law for q tunne
location 5000 by 800 feet. A proper location
il the width Of the tunnel for 5000 feet.
There is no provision Of law for patentins
tunnel locations, but lodes discovered in run
ming a tunnel may be patented in like manner
az other lodes.
The right In qrantad TO tuuneI owners ;,