Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-08
MISCELLANEOUS.
APPLICATION FOR PATENT.

utBlSbcE hlu hcCelfcT tucy become o DART OF
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Once.
An application will be rejected when the de-
scription of the premises Is erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-Ihe notice was not published in q
newspaper designated IS published nearest the
claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same promises, which wsD with
drawn pending o 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
ttnct portions of b claim, application for
OF the claim owned by him: but where several
parties own undivided interests in u mining
claim all should join in an application for q
patent.
A person or association rnGy purchase rs
many placer locations az 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 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 ne-
ceiver cannot be recorded ns evidence.
In all patents for mining claims situated
within the interior boundaries of n town site
q clause is inserted excepting and excluding
all town property, rights upon the surface,
aud all houses, buildings. structures. lots.
blocks, streets, alleys or other municipal I'M
,ax halnnufnn 20 Aha "a ba~a
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, aud in daily
newspapers 60 days must elapae between the
first and last insertions.
Where tho Register designates the dsily issue
of q newspaper for publication OF notices of q
| mining application for patent 1t 10 not q COM
| pliance With law 10 change to the weekly edi.
ton of the same paper without authority OF
the Register.
The existence Of a salt spring on Q 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 is not allowed. Land
| containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
1 Adverse ClRim ANTS must ME O 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 s a part OF the
record.
When an adverse claim has been filed 1t can.
not be amended 30 as to embrace u larger per.
ton OF the premises than that described In the
original adverse claim.
| An adverse claim must be made out In
proper form and flied in the proper local office
during the period Of publication OF the appii-
cation for the patent to be effective.
| 1t Is the duty OF the adverse claimant 10
commence suit In proper form within the re-
medium Of the United States mail he must
abide the consequences. should the del2y
ensue, through misfortune or accident Should
the failure to suit be the res 1T Of
the corrupt 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
dence.
An adverse claimant should show g compli.
ance with the local laws in recording his claim
and in regard to expenditures. aud shail nle a
copy OF the original notice of his location, and
show the nature or extent OF the conflict
alleged.
| AL ailtBstlOu OF parties 10 n Bult thht they
compose the company is 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 LANDS.
Where land is Of little. If any value. for agri.
cultural purposes, but is essential to the
proper development OF mining claims, IT
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 a tract after the same sas been
entered as agricultural, but before etent 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 thoy mass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose OF 1t. provided he becomes a citizen
Defore dtsposing OF the niue. Proof that the
party was not u citizen before disposing Of his
claim must be afirmativeiy shown.
Locstors and intermediate oaners. other
than applicants, will not DO presumed aliebs.
In the absence of allegation or objection prior
to issuance Of patent.
The portion of a mining claim sold to An
alien cannot be patented while such owner is
an alien; but on his declaration 10 become a
citizen his right dates back to his purchase.
Sud he may thereupon secure United States
patent for his claim.
CROSS LEDoEs.
Rev{sad 2tafufas uoo.... n
Where two or more lodges cross or intersect
each other, priority Of titie shall govern. ana
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 shsll
take the vein below the point Of union, In
Guiding all the space of intersection.
TUNNELS.
There Ia no authority of law for q tunnel
location 5000 by l 800 feet. A proper location |
is the width OF the tuu mel for 5000 feet.
There 10 no provision OF law for ~patentlng
tunnel locations. but lodes discovered in run
mig q tunnel may be- patented In like manner
as other lodes.
The right ia granted to tunnel owners to |
800 feet Of each blind lode, not previously
NOM IN A~fn -l1l - I