Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-13
MISCELLANEOUS
INFOR
....FoR....
OWNERS AND LOCATORS
....of....
M M II .
APPLICATION FOR PATENT.

E1aa w II . A. Az l
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 Q
newspaper designated as published nearest the
claim.
.Third-Record title was found 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 claim ant.
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 9 claim, application for
patent may be made by either for tn ct portion
OF the claim owned by him but whore several
parties own undivided interests in Q 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 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 set 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 a town site
Q clause is ins erted ~'excepting and excluding
ell town property, rights upon the surface,
and all houses. buildings, structures. lots,
blocks. streets, alleys or other municipal Inn
p~rovements 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 in 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
hrat and last insertions.
Where the Register designstes the daily issue
of 9 newspaper fer publication OF notices Of 3
mining application for patent 1T is pot g COM
pliance with law TO change 70 the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence of . salt spring on q tract Of
land withdrsws IL 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 be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1T Ia alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed.
cannot be withdrawn. but become rs Q part of the
record.
When an adverse claim has been flied IL can.
not be amended SO a. TO embrace a larger por-
ton OF the premises than thst described in the
original adverse claim.
An adverse claim must be made out in
proper form aud hled in the proper local ofie
during the period of publication Of the Applf-
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 If he trusts the uncertain
medium of the United States mail he must
abide tbs consequences, should the delay
ensne, through misfortune or accident. should
the failure TO commence suit be the result of
the cor rupt or dishonest action Of hts attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bsses his adverse
claim. A statement in general terms, embody-
Ing conclusions of law, without stating the
facts specially, will not be considered ia evil
dence.
An adverse claimant should show q compli-
ance with the local laws in recording hts claim
and in regard TO expenditures. aud shall ME q
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
Az allegation Of parties 10 q suit that they
compose the company is sufficient, and they
are not required to prove that they are the
original ~locAtors or the Identical parties who
present the adverse claim.
O1 "a
Where land is Of little, II any value, for agri-
cultural purposes, but 10 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 At 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
rovared unnn a tract altar the same haa hqQn
entered 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
with the patent.
Agricultural College scrip cannot be re-
ceived 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 niue. Proof that the
party was not Q citizen before disposing Of his
claim must be afirmstively 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 9 mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration 10 become Q
citizen his right dates back TO his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 2,33G:
Where two or more led es 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
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
Guiding all the space Of Intersection.
TUNNELS.
There 10 NO authority of law for a tunnel
location 5000 by 800 feet. A proper location
IL the width OF the tunnel for $500 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 10 granted to tunnel owners to
1900 feet Of each blind lode, not previously
known to exist, which may be discovered In
their tunnel
When q lode 10 struck or discovered for the
first time In running q tunnel the tunnel
owners have the option OF recording their
claim of 1 BOO feet all nm ma af1a ~ Aha uniut