Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-11-18
MISCELLANEOUS,
INFOR
OWNERS AND L0CAT0RS
....OF....
M III ES.
APPLICATION FOR PATENT.

NhOto ReBtAo aoNb OhtO bgOh hlEu WILL tUt I
and Receiver they become q part Of
the record, and can neither be withdrawn nor
but must be transmitted to the Gen
erAl Land Once.
An application will be rejected when the de-
scription of the premises IL erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
Of the Register.
~Second-The notice was not published in q
new psper 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 Q 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 g 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 a mining
claim all should join In an application for q
patent.
A person or association may purchase as
many placer locations as the local Law admits,
and embrace them all in one application for g
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 evidences.
In all patents for mining claims situated
within the interior boundaries OF 9 town site
. clause Is 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 70 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
frat and last insertions.
Where the Register designates the daily issue
Of q newspaper for publication of notices VI .
mining application for patent II is not Q com
pliAnce with Law 10 change 10 the weekly edi-
tion of the same paper without authority OF
the Register.
The existence OF q salt spring on a tract OF
land withdrsws 1t from the operation Of the
homestead and presumption laws, A hearing
for the purpose of proving the agricultural
character of such land ia 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
II Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim. once hled,
cannot be withdrawn, but becomes 9 part Of the
record.
When an adverse claim has been filed II can.
not be amended 80 az TO embrace g larger por-
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made ont In
prunar foam and hiaH In tbs pvouaF iocal OH ca
during the period Of publication OF the sppIf-
cation for the patent TO be effective.
1t is the duty of the adverse claimant TO
mme suit in proper form within the re-
quired time. and IL he trusts ths uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune OF accident. Should
the failure to suit be the resnlt Of
the corrupt or dishonest action OF his sttsrney.
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
dence.
An adverse claimant should show 3 compli-
ance with the local laws In recording his claim
and in regard to expenditures. aud shall ME a
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
AL uiltkhtlQA VI w = SUN hhat thtJ
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 on MINERAL N
Where land 10 of little, If any value. for agri-
cultural purposes, but IL 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 agricultural
entry, said entry will be cancelled ~ any time
prior to issuance of patent, upon satisfactory
posits.
Where valuable deposits of mineral are dis
covered upon q tract sitter 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 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.
dispose Of it. provided he becomes q citizen
before disposing of the mine. Proof that the
party was not o citizen before disposing Of his
claim must be affirmatively shown.
4Ocatofb kuu luteTLnoClkt5 oWueFbs Otuer
than applicants. will 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 q
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LFDGEs.
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 ell 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
GLIDING ell the space Of intersection.
TUNNELS.
There is no authority of law for q tunnel
location 5000 by 800 feet. A proper location
Is the width Of the tunnel for 5000 feet. q
There IL no provision Of law for patenting
tunnel locstions, but lodes discovered In rum
n'ng q tunnel may be patented in like manner
AZ other lodes.
The right IL granted TO tunnel owners TO
l.6OO feet OF each blind lode. not previously
-A.-a A. II. II -