Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-05-31
MISCELLANEOUS.
INFOR
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OWNERS AND L0CAT0RS
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MI Els.
APPLICATION ToR PGrKSr.

r gistsr and Aeeeiyer they become 9 part Of
ths record, and c=a neither be vithdrswn nor
retained, but must Be 70 the Ge1-
e-sl Land Once.
An application will be rejected when the de-
scription Of the prenises IL erroneous or In
sufficient
Application for patent will be rejected be-
cause:
Fret The notice was published without the
knowledge Of the Register.
notice Was not published In .
nev paper designated So published neArestthe
T~hira-geeOrd title vas found defective.
and
Fourth-A Previous application hsd been
made for the same premises, which was with
dawn pen ing . suit IN Court commenced BY
the adverse elsiEant.
An application for patent will be rejected
VIXEN the survey does nos sccUrstely denne the
bourdxries Of the claim.
where the cain Was not located in accord
ante with l2v.
Where several parties own separate and dis
trcs portions Ct . claim, application for
patent may be made By either for tn st portion
Of the claim owned BY him: but where several
parties own undivided interests III 9 mining
claim all should join in an application for .
patent.
A person or association may purchase a.
many placer locations IS the loesl law admits.
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more l0aes within
their boundaries.
Papers sworn to before any person purport-
ing 70 act As q deputy for the Register and Be
eeiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries Of . own site
Q clause 10 in erted excepting and excluding
ell own 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
ne newspapers 60 days must elApse between the
hrst and last insertions.
Where the Register designates the q ally issue
Of 3 newspaper fer publication Of notices of o
mining application for patent il Is not o COM
plianoe with law to change to the weekly edi-
uon Of the same paper without authority Of
the Register.
The existence Of q salt spring on 3 tract Of
land vithdraws 1t from the operation Of the
Homestead and presumption laws. A bearing
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.
Adverse claimants must file 9 separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse
The papers in an adverse claim, once fled,
cannot be Withdrawn, but becomes 9 part Of the
record.
when an adverse claim has been hled it can
not be amended 80 as to embrace q 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 fled in the proper local Office
during the period Of publication Of the sppli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant to
commence suit in proper form within the re-
CURED time, and if he trusts the uncertain
medium of the United States mail be must
sbide tue consequences, should the Delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result 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 Ia evil
dence.
An adverse claimant should show q compli.
ahce with the local laws in recording hts claim
and in regard TO expenditures. aud shall hle 9
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
compose the company 10 sufficient, and they
are not required to prove that they are the
original locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little, II any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits rave been included In an agricultural
entry, said entry will be cancelled a, 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 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 viii 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-
ceiyed In payment for claims.
ALIENS.
A foreigner may make a mining location and
NtoPOsc ~ ltE PTONtuou no OtCOLucH y CltlItu
before disposiDg Of the mine. Proof that the
party was not 9 citizen before disposing Of his
claim must be afhrmatively shown.
Locstors and intermediate owners. other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion of . mining claim sold TO an
alien cannot be patented while such owner is
an alien; but on his declaration to become .
citizen his right dates back to his purchase.
and he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1856:
Where 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
or mineral confirmed within the space of inter
section, but the subsequent location shsii hsve
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
Guiding all the space Of intersection.
I'M
There 10 no authority of law for q tunnel
location 1000 by / 500 feet. A proper location
is the width OF the TUNE for 5000 feet.
There 10 nc provision OF law for patenting
tunnel locstions, but lodes discovered in run
nlng q tunnel may be patented in like manner
as other lodes.
The right 10 granted TO tunnel owners to