Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-11-15
MO MATIOW
.~...FOR....
OWNERS AND L0CAT0RS
....OF....
APPLICATION For PATENT.

ii EoCOidN ~ vi w "
returned, but must be transmitted to the Cen
eral Land once.
An application will be rejected when the de-
seription of the promises Is erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
First TIL notice was published without the
knowledge of the Register.
S~econd-The notice was not published in 9
new spaper designated IS 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 a 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 par ties 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; bnt where 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 rs 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 act as a deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF O town site
a 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
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 re published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register desi gnAtes the daily issue
of a newspaper for publication of notices of q
mining application for patent it Is not a COM
tion of the same paper without authority Of
the Register.
The axis tence of q salt spring on q tract of
land withdrAws ii from the operation of the
homestead and presumption laws. A bearing
for the purpose of proving the agricultural
character Of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 0 separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed II can.
not be amended SO as to embrace a 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 hled in the proper local office
during the period Of publication OF the appli-
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 the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
tho corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
Az 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 q compli.
ance with the local laws In recording his claim
and in regard to expenditur, 3. and shall nle q
copy of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An oAAtBo'hOh VI N w a bhl thht tutl
compose the company 10 sufic ent, and they
are not required to prove that they are the
original locstors or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, if 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 agric ultursl
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
covered upon q tract sfter the same has been
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
with the patent.
Agricultural College scrip cannot be re-
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose OF it. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposing of his
claim must be affirmatively shown.
Locators and intermediate oeners, other
than applicants, win 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 is
an alien; but on his declaration TO become a
citizen his right dates back to his purchase.
and he may thereupon secure United States
patent for his claim.
CROSS LFDGEs.
Revised Statutes. Section 1885:
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 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
work 'nR 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
GLIDING all the space Of intersection.
NNE
There La no authority of law for a tunnel
location 1000 by !, 500 feet. A proper location
is the width Of the TUNE for 5000 feet.
There fs no provision OF law for patentinQ
tunnel loo stions, but lodes discovered In run.
n!ng a tunnel may be patented In like manner
as other lodes.
The right is granted TO tunnel owners TO
/ 800 feet Of each blind lode, not previously
known to exist, which may be discovered in |
their tunnel.