Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-17
lNFOR NATION
....FOR....
OWNERS AND L0CATORS
....oF....
MI II !.
APPLICATION FOR PATENT.

~ RAcaAoc ~ cIroucuub VI III
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 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 . 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 this claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions of = claim, application for
psteat may be made by either for tn at portion
Of the claim owned by him but where several
parties own undivided interests In q mining
claim all should join in an application for .
patent.
many placer locations a. 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 q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person p~urport-
ing to act rs q deputy for the Register and Re-
ceiver cannot be recorded rs evidences.
In all patents for mining claims situated
within the interior boundaries OF a 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 inn
provements not belonging 10 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
49, h. NhA uNr,nI ~ En H..
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
ewspape co days must elapse between the
fret and last insertions.
Where the Register designates thedaiiy issue
of a newspaper for publication of notices of q
mining application for patent ID is not q com
plisnce with law to change to the weekly edi-
tion OF the same paper without authority Of
the Register.
The existence Of q salt spring on q tract Of
land withdraws 1t from the operation of the
Homestead aud presumption laws. A hearing
for the purpose OF proving the agricultural
character OF zach land is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale 8 separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
by such adverse claimant.
The papers in en- adverse claim, once hled
cannot be withdrawn. but becomes q part of the
record.
When an adverse claim has been nied II can
not be amended so as to embrace q larger por-
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and hled In the proper local Office
during the period Of publication Of the april
cation for the patent to be effective.
1t Is the duty Of the adverse claimant TO
IL suit In proper form within the re-
oufr.t ttpae and AZ he tFlsafa aha nnrartalu
medium Of the United States mail he must
abide the consequence, should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be ths res.lt OF
the cor tupt 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 u rms, embody-
ing conclusions OF law, without stating the
facts specially, will not be considered in evil
dence.
An adverse claimant should show a compli.
ance with the local laws In recording his claim
and in regard TO expenditures. and shall ME q
copy Of the original notice of his location, and
show the nature or extent of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company. 10 sufficient, and they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh rsERA LANDS.
Where land is Of little, II any value, for agri.
cultural purposes, but lie essential 10 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-
posits.
Where valuable deposits OF mineral are dis
covered upon q tract after the same has been
en- lered AZ agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same.
ana 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 mine. 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 VI 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 .
citizen his right dates back TO his purchase.
and he may thereupon secure United States
patent for his claim.
CROSS LEDeEs.
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 all ore
or mineral conts 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 prior location shall
take the vein below the point OF union. in
Guiding all the space Of intersection.
TUNNELS.
There is no authority of law for a tunnel
location 1000 by 800 feet. A proper location
is the width of the tunnel for 5000 feet.
There Is no provision OF law for patenting
tunnel locations, but lodes discovered in run
ming 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.
When a lode 10 struck or discovered for the
frat time in running q tunnel the tunnel
owners have the option Of recording their
claim OF ] 800 feet all ON one side Of the point
~ - -. AaA