Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-14
MISCELLANEOUS.
INFOR NATION
....FOR....
OWNERS AND LOcAT0RS
~....oF....
MI L III T. . =

Register and Receiver they become q part OF
the record, and can neither DO withdrawn nor
returned, but must be transmitted to the Gen.
eral Land ONCE.
An application will be rejected when the do
scription of the premises IL erroneous or in
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without tho
knowledge of the Register.
S~econd-rhe notice was not published in q
new spaper designated al published nearestth
claim.
T-hird-Record title was found defective.
and
Fourth--A previous application had been
made for the same promises. which was with.
drawn pending a suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tho
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 Tor
patent may be mado by either for that portion
of the claim owned by him; but where several
parties own undivided interests in q mining
claim all should join In an application for u
patent.
A person or association may purchase as
many placer locations SO 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 O patent except for placer
claims embracing two or more lodes within
their bound aries.
Papers sworn TO before any person purport-
ing to act as a deputy for the Register and Re
ceiyer cannot BIO recorded az evidence.
In all patents fos mining claims situated
within the interior boundaries OF q town site
o clause Is inf erted "excepting and excluding
all town property. rights upon the surface.
and all houses, buildings, structures, lots,
blocks, streets, alleys Or other municipal i'm
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 u 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 oispse between the
| frat and last insertions.
Where the Register designates thedsily Issue
of o newspaper for publication of notices OF q
mining application for patent Ii Is not u COM
| pliance WITH law 10 change to the weekly edi-
zion of the same paper without authority Of
| the Register.
The existence OF o 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 IL not allowed. Land
containing valuable deposits OF aiate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
by such adverse clsimsnt.
The papers In an adverse claim, once hled
cannot be withdrawn. but becomes q part OF the
| record.
not be amended 30 as to embrace a larger per
tion OF the premises than that described in the
| original adverse claim.
An adverse claim must be made cut In
A-N III - la,AN Af ..
during the period Of publication OF the app!i.
| cation for the patent to DO effective.
1t Is the duty OF the adverse claimant Ia
In suit In proper form within the re-
| quired time, and II he trusts Ihe Uncertain
medium OF the United States mall he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the resalt OF
the cor upt or dishonest action OF his Atterney.
| the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in dc.
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 evi.
dence.
An adverse claimant should show u compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall hie a
copy Of the original notice OF his location, and
show the nature or extent Of tho coDhict
alleged.
An allegation of parties to a snit that tley
compose the company Ia sufficient, aud they
are not required to prove that they arc til
original l~ocators or the identical ps;ties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of little. If any value. for Agri.
| cultural purposes, but Is essential to the
proper development of mining claims, 1t
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
Il 6Annaita haVah aan inrluAQ1 In N IN anr{ar.IN.a.al
entry, said entry Will be Cancelled az any time
prior to issuance of patent, upon satisfactory
evidence Of the existence OF such valuable de-
| posits.
Where valuable deposits of mineral arc dis.
covered upon q tract after the same ,ss been
on tered az agricultural. bat before l tent has
been Issued, tho parties claiming tbs mine
may make application for patent for same,
and the agricultural entry will be cancelled t.
that portion Of the land embraced by said
mining claim.
Where IMMORAL deposits are discovered on
agricultural lanes 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.
A foreigner may make a mining location and
dispose OF 1t. provided no becomes q citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposIng Of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aiiens,
in tho absence Of allegation or objection prior
to issuance Of patent.
TIT portion of q mining claim sold TO en-
alien cannot be patented while such owner IL
an alien; but on hts declaration to become Q
citizen his right dates back to his purchase,
sud he may thereupon secure Unitcd Ststes
patent for his claim.
CROSS LEDGRs.
Revised statutes. Section 1888:
Where two or more lodges cross or intorsect
each other, priority OF title shall govern, and
such prior location shall be entitled TO all ore
or mineral cont ined 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 oide-t or prior location shall
take the vein below the point Of union, IN
GLIDING all the space of intersection.
TUNNELS.
There Ia no authority of law for q tnnnel
location 5000 by 300 feet. A proper location
IL the width OF the tunnel for 5000 feet.
There 10 no provision OF law for putsnting
tunnel locations. but lodes discovered In run
ming u tunnel may DO patented In like manner
as other lodes.
The right Is granted 10 tunnel owners to
l 800 feet of elch blind lode. not previously