Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-23
L
INEOR NATION
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OWNERS AND L0CATORS
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MI ES .
APPLICATION FOR PATENT.

Register and Receiver they become Q part Of
this record. and can neither be withdrawn nor
returned. but must be transmitted to the Gen
An application will be rejected whom the de-
scrtption 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.
T-hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which wss VIE.
drawn pending . suit in Court commenced by
the adverse claims IN
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 tn 1T portion
Of the claim owned by him.: but where several
parties own undivided interests in . mining
claim all should join in an application for .
patent.
A person or association may purchase a.
many placer locations 80 the local law admits,
and embrace them all In one application for Q
patent.
Two or more lodss cannot be embraced in
one application for q patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing to act Is q deputy for the Register and Re-
cefver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
. clause Is Inserted excepting and excluding
sl town property, rights upon the surface,
and sll houses. buildings. structures. lots.
blocks, streets, alleys or other municipal i'm
provements 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 In only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspaper GO days must elspse between the
frat and last insertions.
where the Register designstes the Tally issue
Of o newspaper fer publication of notices Of .
mining application for patent IL Is not o COM
pltance with Law 10 change 70 the weekly edi.
lion of the same paper without authority Of
the Register.
The existence of 3 salt spring on . tract Of
land withdrsws 1t from the operation VI the
homestead aud presumption laws. A hearing
character Of such land is not allowed. Land
containing valuable deposits Of slste may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 6 separate and
distinct claim against each application which
il 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In sn adverse claim, once hied
cannot be Withdrawn, but becom 90 q part Of the
record.
When an adverse claim has been hled IT can.
not be amended so ~ TO embrace q 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 hied In the proper local Office
during the period Of publication OF the appli-
cation for the patent TO be effective.
1t 10 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 suit be- the result Of
the corrupt OF 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 Ia evil
dence.
An adverse claimant should show q compii.
ance with the local laws in recording his claim
and in regard 10 expenditures. and shall hle q
copy Of the original notice Of his location. and
show the naturs or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original ~,ocAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL N
Where land is of little. n any value. for sgri-
cultural purposes, but 10 essential to the
proper development Of mining claims, IL
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-
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 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 9 mining location and
dispose OF II. provided he becomes . citizen
before disposing of the mine. Proof that the
party was mot 3 citizen before disposing of his
claim must be afirmatively shown.
Locatofs and intermediate owners, other
than spplicants, will not be presumed aliens.
in the absence Of allegation or objection prior
10 issuance Of patent.
The portion of . mining claim sold to IN
alien cannot be patented while such owner IL
an alien; but on his declaration TO become o
citizen his right dates back 10 his purchase.
and he may thereupon secure United States
patent for his claim.
cnoaa frnara-
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 10 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
Guiding all the space Of Intersection.
TUNNELS.
There 10 no authority Of law for 0 tunnel
location 5000 by 500 feet. A proper location
is the width Of the tunnel for 5000 feet.
There 10 no provision OF Law for patenting
tunnel ocations, but lodes discovered in run
ming . tunnel may be patented In like manner
% other lodes.
The right il granted 10 tunnel owners to
/ 500 feet of each blind lode, not previously
known to exist, which may be discovered In
their tunnel