Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-12-11
INFOR
.~...FoR....
OWNERS AND LOCATORS
....oF....
M M ES.
APPLICATION FOR PATENT.


Application for patent will be rejected be-
Cause:
Fret = The notice was published without the
knowledge of the Register.
second-The notice was not published in a
new spsper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth-A previous application hsd been
made for the same premises, which was with
drawn pending . suit in Court mmen 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
tinet portions or 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 . mining
claim all should join In an application for .
patent.
A person or association nay purchase as
many placer locations a. the local law dmits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except Tor placer
claims embracing two or more loaes within
their boundaries.
Papers sworn TO before any person purport-
ing to act ~ . deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries Of 9 town site
aclAuse ts ins erted 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 10 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 60 days must elspse between the
first and last insertions.
Where the Register designates the daily Issue
Of 9 newspaper for publication Of notices of 9
mining application for pAteut IL IL not . COM
pliance with law TO change to tbs weekly edi-
ton Of the same paper without authority Of
the Register.
The existence of q salt spring on q tract OF
land withdrsws IL from the operation OF the
homestead and presumption laws. A hearing
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 9 separate and
distinct claim against each application which
IL Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hlsd
cannot be withdrawn, but becomes g part Of the
record.
When an adverse claim has been hled II can
not be amended so ~ 10 embrace . larger por-
ton OF the premises than that described in the
original adverse clsim.
An adverse claim mus. be made out in
proper form and hled In the proper local off CO
during the period OF publication OF the sppii-
cation for the patent TO be effective.
1t IL the duty OF the adverse claimant to
suit in proper form within the re-
.nAw.A sxrun 40 a. ~ e-ras. - w~ra-4os.
medium of the United States mail he must
abide the consequences. should the Delay
ensne. through misfortune OF accident. Should
the failure to commence suit be the resell Of
the cor rupt or dishonest action OF his aftsrney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which lie 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 clAiman, should show 8 compii-
ance with the local laws in recording his claim
and In regard TO expenditures. aud shall nile .
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 is sufficient, and they
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little, II any value, for agri-
cultural purposes, but IL 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 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
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 h
that portion Of the land embraced by said
mining claim.
where mineral deposits are discovered on
agricultural lands after the patent has been
issued 70 an agricultural claimant. they pass
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 9 citizen before disposing Of his
claim must be sfirmatively shown.
Locstors and intermediste owners, other
than applicants, will not be presumed aliens.
in the absence Of allegation or objection prior
to issuance Of patent.
PtNaVA VI = AAAutbH 1SAo ~ 81
alien cannot be patented while such owner IL
an alien; but on his declaration to become q
citizen his right datss back 10 his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 1856:
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 contained 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 q tunnel
location 5000 by l 800 feet. A proper location
is the width OF the tunnel for 5000 feet.
There 10 no provision OF Law for patenting
tunnel locations, but lodes discovered In run
ming q tunnel may be patented in like manner
as other lodes.
The right is granted to tunnel owners to
1900 feet of each blind lode, not previously
known to exist, which may be discovered In
their tunnel
When q lode Is struck or discovered for the
frst time In running o tunnel the tunnel
owners have the option Of recording their
claim OF 800 feet all on one side OF the point
OF discovery or Intersection, or partly on one
I ALL 49, An