Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-06
MISCELLANEOUS.
INFOR NATION
.s..foR....
OWNERS AND ~LOCcAATTORRSS
....of....
MI M E q !.
APPLICATION FOR PATENT.

Register and Receiver they become a part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Office.
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 -The notice was published without the
knowledge Of the Register.
Second-The notice was not published in a
newspaper designated as 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 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 tina 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 q
patent.
A person or association may purchase as
many placer locations a. 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 lodes 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 ss evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
. clause 10 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 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 so days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must eispse between the
first and last insertions.
Where the Register designAtes the daily issue
Of O newspaper for publication of notices of q
mining application for patent 1t is not q COM
pliance with law TO change TO the weekly edi-
ton OF the same paper without authority OF
the Register.
The existence OF Q salt spring on . tract of
land withdrswa 1T from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ME 0 separate and
distinct claim sgainst each application which
80 is alleged conflicts with the premises owned
by such adverse
The papers In sn adverse claim, once fled
cannot be Withdrawn. but becom o. . part OF the
record.
When an adverse claim has been fled ii can
not be amended 80 as to embrace q larger por-
tion OF the premises than that described in tho
original adverse claim.
An adverse claim must be made ont in
nrOner form ara NtcA in the UrODer local Qf1 ca
during the period Of publication Of the appli-
cation for the patent to be effective.
1t Is the duty OF the adverse claimant TO
M suit in proper form within the re-
medium OF the United States mail he must
abide the consequences. should the delay
ensne, through misfortuneo or accident. Should
the failure TO commence suit be the res IL OF
the cor rupto 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
denee.
An adverse claimant should show q compli-
ance with the local laws In recording his claim
and In regard TO expenditures. and shall nle q
copy Of the original notice OF his location, and
show the nature or extent of the conflict
alleged.
Al blltkutlpu VI pbItltn w = suit lhab tuty
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 or MINERAL lands.
Where land Is Of little. If any value. for sgri.
cultural purposes, but 10 essential TO the
proper development OF mining claims. 1t
Where lands containing valuable mineral
| deposits have been included in an agricultural
entry, said entry will be cancelled 81 any time
prior 10 issuance of patent. upon satisfactory
e9.csune of the existence of such valuable de.
posts.
Where valuable deposits of mineral are dis.
| covered upon q tract sfter 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 t.
| that portion Of the land embraced by said
| mining claim.
| 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 IL. provided no becomes @ citizen
before disposing Of the mine. Proof that the
party was not Q citizen before disposing Of his
claim must be sffirmatiyely shown.
| LocAtore 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 a mining claim sold 10 an
alien cannot be patented while such owner Is
an alien; but on his declaration to become 9
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 2 1886:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled TO all ore
or mineral contsined within thu 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
GLIDING all the space of intersection.
TUNNELS.
There IL no authority OF law for q tunnel
location 5000 by l 900 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 q tunnel may be patented in nke 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