Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-27
MISCELLANEOUS.
INFOR
.~...FoR....
OWNERS AND LOCkTORS
....of....
ELS
APPLICATION ron PATENT.

the record, and can neither be withdrawn nor
returned. but must be transmitted to the Gen.
ersl 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 0
new spsper designated ss 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 pen ding . suit in Court commenced by
the adverse claim ant.
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 ct 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. Z
A person or association may purchase as
many placer locations 80 the local law admits,
and embrace them zl 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 lO06e WITHIN
their boundaries.
Papers sworn 10 before any person purport-
ing to act as q deputy for the Register and Re-
ceiyer 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
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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers GO days must elapse between the
frat and last insertions.
Whore the Register designktes the daily Issue
of . newspaper for publication of notices Of .
mining application for patent IL is not . COM
pliance 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 . tract Of
land withdraws ii 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 hle Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once filed,
cannot be withdrawn, but become 90 9 part OF the
record.
When an adverse claim has been hled IL can
not be amended SO AZ to embrace q larger por-
ton OF the premises than that described In the
original adverse claim.
An adverse clsim must be made ont in
proper form and filed In the proper local ON CO
during the period Of publication Of the appli-
cation for the patent TO be effective.
II Is 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
sbide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure 10 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, viii 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 expenditures. aud shall nle q
copy OF the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
HEt uON EfQulfc4 W pEUFd tHat tucy HE0 tAE
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL ON MINERAL LANDS.
Where land IL Of little, II any value, for agri-
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 81 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
ntered Is 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 sre discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be re-
cetved In payment for claims.
ALIENS.
A foreigner may make 9 mining location and
dispose OF 1t. provided he becomes . citizen
before disposiDg of the mine. Proof that the
party was not q citizen before disposing of his
claim must be afirmAtiveiy shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens.
III ~ ao11nSo VI oAADSntiOA " q oDjctGon REiof
to issuance Of patent.
The portion of q mining claim sold 10 an
alien cannot be patented while such owner Is
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 hts claim.
CROSS LEDaEs.
Revised Statutes. Section 1886:
Where two or more ledg es cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined 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 OF more
veins unite the oldest or prior location shall
take the vein below the point Of union, In
GLIDING ali the space Of intersection.
TUNNELS.
There IL no authority of law for q tunnel
location 5000 by / 500 feet, A proper location |
il the width of the tunnel for 1000 feet.
There 10 ~ provision Of Law for patenting
tunnel locations, but lodes discovered in run
ming a tunnel may be patented In like manner
Is other lodes.
The right Is granted TO tunnel owners to
500 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