Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-11

ance with law.
Where several parties own separate and dis
tinct portions of 9 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 in . mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations rs 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 a deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
O clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
p~rovements 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
newspapers 60 days must elGpse between the
frat and last insertions.
Where the RegisterdesignAtes thedaily issue
VI D DtWbpbpcE y puDllChUOu OF DOtlceS OF q
mining application for patent ii is not q COM
plisnce witt law to change to the weekly edi-
tion OF the same paper without authority of
the Register.
The existence Of . salt spring on q tract of
land withdrsws 1t from the operation Of the
homestead and pre-emption 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.
Adverse claimants must file q separate and
distinct claim against each application which
1t ia alleged conflicts with the premises owned
by such adverse claimant.
The papers In MI adverse claim, once fled,
cannot be Withdrawn, but becomes o part Of the
record.
When an adverse claim has been filed it can
not be amended so as to embrace a larger per-
tton of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local Off ce
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-
quired time, and If he trusts ihe uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result of
the corruption dishonest action of his attorney,
tht OCphE tIlout GhnlOb FcOItns "a
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bsses 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 g compli-
ance with the local laws in recording his claim
and in regard TO expenditures. and shall nle q
copy Of the original notice of his location, and
anOW the nAfnFa 0R aNtAnI of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
sss not required to prove that they are thu
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh 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
deposits have been included in al agricultural
entry, said entry will be Cancelled &c 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 3 tract after 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 t }
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-
ceiVed in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF II. provided he becomes Q citizen
haf0Ra - H. a. - a
party was not q citizen before disposing OF his
claim must BIO sfirmatively shown.
Locators 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 9 mining claim sold to an
alien cannot be patented while such owner is
an alien; but on his declaration to become 0
citizen his right dates back to his purchase,
ana ne may thereupon secure United States
patent for his claim.
CROSS LEDeEs.
Revised Statutes. Section I, 1885.
Where two or more lodges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled TO all ore
or mineral confined within the space of inter-
sscuon, out 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
Veihs unite the Oldest or prior location shall
.sAe the VEN teloW the point OF union, In
e!uaing all the space OF intersection.
TUNNELS.
There is no authority of law for q tunnel
location 5000 by l 500 feet. A proper location
Is the width of the tunnel for 5000 feet.
Ihere Is no provision OF law for ~patenting
tunnel locations. but lodes discovered in run
ning q tunnel may be patented in like manner
as other lodes.
The right is granted TO tunnel owners TO |
i'oOo feet OF each blind lode, not previously
known to exist, which may be discovered in
their tunnel.
when a lode is struck or discovered for the
hrst time in running g tunnel the tunnel
owners have the option Of recording their
claim OF ] 800 feet all on one side Of the point
Of discovery or intersection, or partly on one
side thereof and partly on the other.
prospecting for blin lodes IL prohibited on
me line of a located tunnel while the tunnel
IN progress, but otf err parties are in no wa
FROM prospecting for blind lodes o
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