Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-29
MISCELLANEOUS.
INFORM NATION
..FOR..
OWNERS AND LOcATORS
....OP...
MI lin T. - +.

11 eSNo&aO -
the record, and can neither be Withdrawn nor
but must be transmitted to the Gen.
ersl Land Once.
An application will be rejected when tho de-
scriptton OF the premises 10 erroneous or In
Application for patent WILL be rejected be-
cause:
First : The notice was published without the
knowledge Of the Register.
second-The notice was not published in q
new spspsr designated as published nesrestthe
claim.
Tbird-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 commences 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 gnd dis
tinct portions of q claim, application for
patent may be made by either for mat portion
Of the claim owned by him but where several
parties wi undivided interests in y mining
claim all should join IN All application for =
patent.
A person or association may purchase as
many placer locations Is the local law admits.
and embrace them ell In one application for 9
patent.
Two or more lodss cannot be embraced In
Ohc bPRllSbtAOb y RbsChb G4SCpb " PAeAta
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 Re
ceiver cannot be recorded ~ evidence.
In ell patents for mining claims Situated
within the interior boundaries OF q town site
0 clause 10 ins sorted 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 q only
one newspaper for the period OF GO days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 60 days must ciapse between the
fret and last insertions.
where the Register d ssIgnates the j aily issue
Of Q newspaper for publication Of notices Of 3
mining application for patent 1t IL not . COM
plianoe with Law 70 change 10 the weekly edi-
ton OF the same paper without authority VI
the Register.
The existence Of Q salt spring on . tract Of
land withdraws 10 from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
| character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
| ADvERsg CLAIMS.
Adverse claimants must flo Q separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
| The papers In an adverse claim, onco fled.
cannot be- withdrawn. but becomes a part Of the
record.
When sn adverse claim has been fled 1t can
not be amended 30 as to embrace q larger pr
ton OF the promises than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed In the proper local Office
during the period Of publication VI the Appii-
cation for the patent to be effective.
1t 10 the duty u ths adverse claimant 10
commences suit In proper form within the rs-
CURED time. and II he trusts ,hs uncertain
medium OF the United States mall he must
abide the consequences Ahould the delay
ensue, through misfortune or accident. should
the failure to commence suit be tho res..lt Of
the corrupto or dishonest action Of his Attsrnty.
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 evi.
dence.
An adverse claimant should show Q compli.
ance with the local laws IN recording his claim
and In regard to expenditures. and shall ME q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to Q suit that they
compose tho company IL sufficient. aud they
are not required to prove that they ars the
originni ~locstors 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 10 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 81 any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon . tract sitter the SAINT sss been
entered as agricultural, but before 1 ytent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled /
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 70.
ceiyed In payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF II. provided no becomes A citizen
before disposing Of the mine. Proof that the
party wss not . citizen before disposing OF his
claim must be shirmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
In the sossnce of allegation or objection prior
to issuance Of patent.
The portion of Q mining claim sold 10 an
alien cannot be patented while such owner ts
an alien; but on hts declaration to become a
citizen his right dates back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised StatuteS. Section 1885:
Where two or more lodges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral eont.ined within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space of inter |
section Tor 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
ciuding all the space Of intersection.
TUHNELs.
There is no authority Of law for q tunnel
location 5000 by 800 feet. A proper location |
10 the width OF the tunne for 5000 feet.
There 10 no provision OF law for patsnting |
tunnel locations. but lodes discovered In run
ning a tunnel may be patented In like manner
IS other lodes.
The right 10 granted to tunnel owners to
100 feet OF each blind lode, not previously |
known tn Ayfa4 Whtn1. - ...-A - /