Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-10
INFOR NATION
.~...RoR....
OWNERS AND L0cATORS
~....of....
MI L m r. !.
APPLICATION FOR PATENT.

of the premises Is erroneous OF in
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
designated as published nearest the
claim.
Third--Record title was found defective,
and
Fourth-A previous application had been
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. |
Where several parties own separate and dis
tinct portions Of . claim, application for
patent may be made by either for hat 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 .
patent.
Eve 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 IS evidences.
In all patents for mining claims situ Eted
within the interior boundaries of 9 town site
. 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 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 ia oniy
a.a rauuaH.na~ fAr the nartad 81 an dsva
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers co days must elApse between the
fret and last insertions.
Where the Register designstes the daily issue
of a newspaper for publication of notices Of .
mining application for patent II is not q com
pliance with law TO change 10 the weekly edi-
lion 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 IL 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 Ia alleged conflicts with the premises owned
by such adverse claimant.
The pspers In an adverse claim, once hled.
eAAS
record.
when an adverse claim has been filed II can
not be amended 30 as to embrace o 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 nled in the proper local cniee
during the period Of publication OF the sppii-
cation for the patent TO be effective.
1t is the duty OF the adverse claimant TO
suit in proper form within the re-
quired time, and II 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 N suit be the reselt Of
the corrupt or dishonest Actiono of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which be bases his adverse
claim. A statement in general terms, eInbody-
ing conclusions Of law, without stating the
facts specially, will not be considered In evil
dence.
An adverse claimant should show q compli-
anee with the local laws In recording his claim
and In regard 10 expenditures. and shall ME 5
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to g suit that they
compose the company is sufficient. and they
are not required to prove that they are the
original ~loeators OF the Identical parties who
present the adverse claim.
AbAi1lLiRhA6 Oa AthNA 1aNb1
Where land lie Of little, II any value, for agri-
! cultural purposes, but Is 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 ~ any time
prior to issuance of patent. upon satisfactory
evidence Of the existence Of such valuable de-
| posts.
l co.ta~ad .p0n q fraer altar thu aama has beaD
| en- tered as 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 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
Agricultural College scrip cannot be re-
| ceived in payment for claims.
ALIENS.
A foreigner may make . mining location and
dispose OF IL. provided he becomes Q citizen
before disposing Of the mine. Proof that the
| party was not O citizen before dfsposing Of his
claim must be sfirmstively 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 an
alien cannot be patented while such owner 10
en- alien: but on his declaration TO become Q
citizen his right dates back TO his purchase.
and he may Ihereapoa Secure United States
| patent for his claim.
CROSS Lodges.
| Revised Statutes. Section 2,336:
Where two or more led ges cross or intersect
| each other, priority OF title shall govern, and
such prior location shall be entitled to all ore
or mineral contained 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 oldest or prior location shall
take the vein below the point Of union. in
cluding all the space Of Intersection.
TUNNELS.
There is no authority of law for a tunnel
location 5000 by 500 feet. A proper location
10 the width of the tunnel for 5000 feet.
There 10 no provision OF law for ~patenting
tunnel locations, but lodes discovered In run
ming q tunnel may be patented in like manner
as other lodes.
The right IL granted to tunnel owners to
! 500 feet of each blind lode, not previously
known to exist. which may be discovered in
their unnel.
When a lode 10 struck or discovered for the
hrst time in running Q tunnel the tunnel
owners have the option Of recording their
claim Of 800 feet all on one side Of the point
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