Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-01-28
INEOR NATION
.EoR....
OWNERS AND L0CAT0RS
....oF....
MI M Els
APPLICATION Fon PATENT.

First The notice was published withou''n
knowledge Of the Register.
Second-The notice was not published In .
new spaper 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 . suit in Court commenced Dy
the adverse claim
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
tlnct portions Of q claim, application for
on 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 may purchase as
many placer locations ~ the local law admits,
and embrace them all In one application Tor Q
patent.
Two or more lodes cannot be embraced IN
one application for a patent except for placer
claims embracing two or more loaes WITHIN
their boundaries.
Papers sworn to before any person purport-
ing TO act IS q deputy for the Register and he
ceiyer cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
. clause is ini erted "excepting and excluding
ali town property, rights upon the surface.
and ell houses. buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
proyements not belonging TO the grantee here
In, and sll rights necessary or roper 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.
4. ru,et 10 n-hI4aha1 IN .a-anrRt4oA
weeks in weekly newspapers, and In daily
60 days must elapse between the
first and last insertions.
Where the Register designates the daily issue
of q newspaper for publication Of notices OF q
mining application for patent IL 10 not . COM
lion Of the same paper without authority Of
the Register.
The existence Of Q salt spring on . tract of
land withdraws IL from the operation of the
Homestead snd presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land In not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants mus file 9 separate and
distinct claim against each application which
It is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be withdrawn, but become % q part Of the
record.
When an adverse claim has been filed IL can.
not be amended SO as to embrace q larger por-
ton Of the premises than that described in the
original adv erse claim.
An adverse claim must DO made out in
proper 4 I'm and filed In the proper local Off ee
during the period of publication OF the Appli-
cation for the patent to be effective.
II 10 the duty Of the adverse claimant TO
anti in OrQpar form within the re.
CURED time. and II he trusts The uncertain
medium Of the United States mail he must
abide the consequences, should the delay |
ensue, through misfortune or accident. Should |
toe failure to commence suit be the resnlt Of
the corrupt or dishonest action OF his attorney,
The Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
the fects upon which he bases his adverse
A statement in general terms, embody-
ing conclusions OF law, without stating the
,acis specially, will not be considered ia evi-
ience.
An adverse claimant should show . compli-
with the local laws In recording his claim
md In regard TO expenditures. and shall nile 4
Of the original notice Of his location, and
'how the nature or extent Of the conflict
An allegation Of parties 10 q suit that they
the compsny 10 sufficient, and they
Ire not required TO prove that they are the
~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 10 essential to the
proper development OF mining claims, 1t
should be disposed OF under the Mining Act.
Where lands containing valnAbl mineral
have been Included in an agriculture
entry, said entry will be Cancelled ~ any time
to issuance Of patent, upon satisfactory
evidence of the existence Of such valuable de-
Where valuable deposits Of mineral are dis
covered upon . 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 10
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued 10 an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
'eiyed In payment for claims.
ALIENS.
A foreigner may make Q mining location and
OF 1t. provided he becomes . citizen
before disposing OF the mine. Proof that the
party was not 9 citizen before disposlng Of his
lain must be afirmatively shown.
AONAtVfh euu lDtefmtuihto OWueEb, Otnef
nan applicants. will not be presumed aliens,
n the absence Of allegation or objection prior
issuance Of patent.
The portion Of q mining claim sold TO an
lien cannot be patented while such owner is
IN .iien; but on his declaration to become o
itizen his right dates back to his purchase,
ne may thereupon secure United States
patent for his clsim.
CROSS LEDGEs.
RAVtead Gfatka. dxoa4z- a noe.
Wnere Two or more led ges cross or intersect
each other, priority Of title shall govern, and
sucn prior location shall be entitled TO all ore
Of mineral contsined within the space of inter
section. but the s~ubsequent location shall have
.ne iignt OF way through the space Of inter
for the purpose of the convenient
workine OF the mine. And where two or more
unite the olde-t or prior location shall
saAs .ne VEIN below the point of union, In
al the space OF intersection.
I'M
There 10 no authority of law for . tunnel
~ ss.ion o,ooO 6y 1900 feet. A proper location
~ ~ ~ wiatn OF the tun mel for 5000 feet.
ano,o 10 no provision OF Law for patentlng
sunnei locations, but lodes discovered In run
as ~ : runner may be patented in like manner
Tne right is granted TO tunnel owners TO
1870 aeet Oh each blind lode. not previously
their tunnel. ""' III
"nen q lode Is struck or discovered for the
aWe IN running o tunne the tunnel
c,st~ lave the option of recording their
~ y i,oO Feet ell on one side OF the point
So overy or Intersection, or partly ON one
snereoi and partly on the other.