Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-25
MISCELLANEOUS.
INFOR NATION
.~...FoR....
OWNERS AND L0CkT0kS
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MI M ES.
APPLICATION FOR PATENT.

the record, and can neither be withdrawn nor
returned. but must be transmitted to the Gen.
eral Land Once.
An application will be rejected when the de-
scription of the premises is erroneous or in
Application for patent will be rejected be-
Cause:
First t notice was published without the
knowledge Of the Register.
Second-The notice was not published in 4
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
Fourth-A previous application had been
made for the same premises, which was with
drawn pending . suit In Court commencedb 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 sepsrste and dis
tinct portions Of . claim, application for
patent may be made by either for tn at 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 9
patent.
Two or more lodes cannot be embraced In
one application for a patent except for placer
claims embracing two or more iodes within
their boundaries.
Papers sworn to before any person Durpors-
ing to act as q deputy for the Register and Re
ceiyer cannot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries of . own site
. clause Is inserted Excepting and excluding
sill town property, rights upon the surface.
and all houses, buildings. structures, lots.
blocks. streets, alleys or other municipal i'm
prSvsrnents not belonging to the grantee here
In. and Ell 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 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
ewspapers6 60 days must elapse between the
frat and last Insertions.
Where the Register designstes the daily issue
Of q newspaper for publication Of notices of .
mining application for patent IL 10 not 9 COM
pliance with law TO change 10 the weekly edi-
lion Of the same paper without authority Of
the Register.
The existence Of Q salt spring on Q tract Of
land withdraws IL 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 vaiusble 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
IL IL alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once filed
cannot be withdrawn. but become o. Q part OF the
record.
When an adverse claim has been filed IL cam
not be amended so ~ TO embrace q larger por-
ton OF the premises than that described in the
original adv erse claim.
An adverse claim must be made ont in
proper form and nled In the proper local Office
during the period Of publication Of the sppii-
cation for the patent 70 be effective.
II IL the duty Of the adverse claimant 10
commence suit in proper form within the re-
quired time, and IL he trusts the uncertain
medium Of the United States mail be must
abide the consequences. should the delay
ensue, through misfortune or accident. should
the failure TO suit be the result Of
the corrupto 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
and In regard to expenditures. and shall ale 9
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to . suit that they
compose the company 10 sufficient, and 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 In Of little, II any value, for agri.
cultural purposes, but is 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
80 ala aperu wuflt ha eanaalaA = "a Wn1 efuaa
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 Q tract sitter the same has been
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 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands sitter 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 mako . mining location and
dispose OF 1t. provided he becomes 3 citizen
before disposing Of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afirmatively shown.
hOCbtDIH onQ iutCEA1cuAHtU OH4pAbt tuo
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 10 an
alien cannot be patented while such owne is
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 LEpGEs.
Revised Statutes. Section 2,336:
Where two or more ledg 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 spaceo 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 sll the space Of intersection.
mi
There 10 no authority OF law for q tunnel
location 5000 by ! 800 feet. A proper location
IL the width of the TUNE for 5000 feet.
There 10 no provision OF law for patsnting
locations, but lodes discovered In run
ming q tunnsl may be patented in like manner
~ other lodes.
The right 10 granted 10 tunnel owners TO
! 500 feet of each blind lode. not previously
known 10 exist, which may be discovered In
their tunnel.