Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-24
MISCELLANEOUS.
INFOR NATION
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OWNERS AND LOcATORS
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MI ELS +.
APPLICATION FOR PATENT.

Register and Receiver they become o part OF
the record, and can neither be withdrawn nor
returned, but must be to the Gen
eral Land Once.
An application will be rejected when the de-
scription 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 a
newspaper designated ~ published nearest the
claim.
T-hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 9 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 Q claim, application for
patent may be made by either for that portion
of the claim owned by him but where several
parties own undivided interests in 9 mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations IS the local Law admits,
and embrace them ali in ous application for 9
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two OF more iodes 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 as evidences.
In all patents for mining claims situated
within the interior boundaries OF Q town site
Q 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 i'm
nroyamaHfa mot balancing 10 the oFautAa hara.
in, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made 10 only
one newspaper for the period OF go 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 =
mining application for patent Ii is not q COM
pliance with law TO change TO the weekly edi-
tion of the same paper without authority Of
the Register.
The existence Of salt spring on q tract of
land wtthdrsws Ii from the operation of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land In not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle g separate and
distinct claim against each application which
It 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled.
cannot be Withdrawn. but become s Q part OF the
record.
When an adverse claim has been filed II can.
not be amended 30 az 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 filed In the proper local offi ce
during the period Of publication Of the appii-
cation for the patent 10 be effective.
1t ia the duty Of the adverse claimant TO
suit In proper form within the re-
CURED time, and If he trusts she 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 res 1t OF
the cor rupt 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 10 evil
dence.
An adverse claimant should show q compli-
ance with the local laws in recording hts claim
and in regard 10 expenditures. and shall nle =
copy Of the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to 4 suit that they
compose the company 10 sufficient, and they
are not required TO prove that they are the
original ~locators OF 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 10 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
autru uefA antrv will ha aauealad NJ any fifua
prior TO Issuance OF patent. upon satisfactory
evidence Of the existence OF such valuable de-
posits.
Where valuable deposits of mineral are dis
c1vered upon q tract after 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 slid
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 IT. 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 Automatically 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 Q mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declaration to 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 2,336:
Where two or more led ges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled to ell ore
or mineral cont. ined 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 Irior location shall
take the vein below the point Of union. In.
GLIDING all the space Of intersection.
TUNNRLs.
There 10 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 IL no provision of law for patenting
tunnel locations, but lodes discovered In run
ming q tunnel may be patented in like manner
o. other lodes.
The right Is granted to tunnel owners to
l 800 feet Of each blind lode, not previously
known TO exist. which may DO discovered In