Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-01-08
INFOR NATION
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OWNERS AND L0CkT0RS
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m ES :
APPLICATION FOR PATENT.

Application ior ps'en' "a
cause:
First The notice was published without te
knowledge Of the Register.
~second-The notice was not published IN .
new psper designated % published neAres't inc
claim. ..
and
Fourth-A previous application had beef
made for the same premises, which was with
dawn pending o suit in Court commenced ps
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately denne shs
boundaries OF the claim
where the cisim was not located In accord
ance with law.
where several parties own separate and dis
tiuct portions Of Q claim, application foi
pateut may be made BY either for taat portion
| ~ the claim owned by him; but where several
| parties own undivided interests In . mining
| claim al should pin in an application for q
patent.
many placer locations ss the local law admits.
and embrace them all IN one application for q
patent.
Two or more lodes cannot be embraced In
| one sppicstiou for q patent except for placer
| claims embracing two or more iodes within
their boundaries.
Papers sworn to before any person purport-
| ing 70 act a. . deputy for the Register and Re
Il CslVEr Ct4QDt 10 CNoEGt =
| In all patents for mining claims situated
within the interior boundaries Of 3 town site
q clause is ins erted excepting and excluding
all town property, rights upon the surface,
aud all houses, buildings. structures, lots,
| blocks, streets, alleys or other municipal Inn
| provemsnts not belonging TO the grantee here
In, and ali rights necessary or proper TO The
| occu patton, possession and enjoyment OF the
same"
publication Of notice must be made in only
| ons newspaper for the period Of GO days.
Notice must be published 10 consecutive
newapspers 90 days mnss elApse between the
fret and last insertions.
Where the Register designstes the tally issue
Of q newspaper for publication Of notices Of o
mining application for patent 1t is not q COM
plisnee With law 10 change 10 the weekly edi-
zion Of the same paper without authority "
the Register,
The existence of 9 salt spring on 9 tract Of
land withdrsws 10 from the operation Of the
homestead and pre-emption 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 Ale 9 separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot Do Withdrawn. but becomes . part OF the
record.
when an adverse claim has been filed II can.
not be amended 50 a. 10 embrace q larger por.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made ont Id
proper form and hled in the proper local ON CO
during the period Of publication OF the sppli-
cation for the patent TO be effective.
1t 10 the duty of the adverse claimant TO
men suit in proper form within the re-
quired time. and II he trusts lhs 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 res IL Of
the cor rupt or dishonest sction OF his stterney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth ia de-
tail the facts upon which he bases his adverse
claim. A statement In general terms mbody.
Ing conclusions of Law, without stating the
facts specially, will not be considered In eyi.
dence.
An adverse claimant should show q compii-
ance with the local laws in recording hts claim
and In regard TO expenditures. aud shall nile 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 snit that they
44A AaEI
are not required to prove that they are thu
original ~locAtors or the identical parties who
present the adverse claim.
on MINERAL LANDS.
Where land 10 of little, n any value, for agri.
cultural purposes, but Is essential to the
proper development Of mining claims, IL
should be disposed Of under the Mining Act.
where lands containing valuable mineral
deposits have been included In an agricultural
enfrR asfH aptrv utlI tA e.ua.I.I :. -. A..
prior TO issuancs Of patent. upon satisfactory
evidence OF the existence of such valuable de-
posit.
Where valuable deposits Of mineral are dis.
covered upon . tract sfter the same has been
entered as agricultural, but before patent has
oeen Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled o.
mat portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
sgrieuitural lands after the patent has been
.ssaee 70 an AGRICULTURAL claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
eeaFeo In payment for claims.
ALIENS.
a foreigner may make a mining location and
dispose OF 1t. provided he becomes q citizen
before dispoaing of the mine. Proof that the
party wss not 9 citizen before disposing Of his
ol1iia must be affirmntively shown.
LocatorN and intermediate owners, other
NAY applicants. will not be presumed aliens,
: NJ absence Of allegation or objection prior
70 Issuance Of patent.
me portion Of Q mining claim sold to an
Ane1 cannot be patented while such owner IN
IN amen; but on his declaration 10 become a
oaszen MS right dates back TO his purchase,
~ ne may ~thereupon secure United States
psssnt Tor his claim.
CROSS LRDaEs.
revised btatutes, Section 2.330:
mnere two or more hedges cross or intersect
e.cn otner, priority Of title shall govern, ana
suen PRIOR location shall be entitled 20 all ore
- mineral cont ined within the space of inter.
ssouon. put the subsequent location shall have
the right Of way through the space Of inter.
..selon lot the purpose Of the convenient
ms.a'ng OF the NINE. And where two or more
Ihlnns unite the olde.t or prior location shall
= me vein below the point OF union, In
S'auihs all the space Of intersection.
NEE
inere ~ no authority OF law for a tunnel
- sion s,uU0 by 800 feet. A proper location
~ - wiath OF the tun mel for 1900 feet.
.ne.e 10 no pr0vision OF law for patentinR
.anoi iocauons, but iodes discovered In run.
~ other lodes.
ahe right 10 granted TO tunnel owners to
s,~v Ieet Of each blind lode. not previously
sh 1Swa 70 exist, which may be Uncovered In
mhen 9 lode 10 struck or discovered for the
ZINE IN running . tunne the tunnel
c,.Ho's nave the option Of recording their
~ oi 1000 feet all on one side Of the point
sida .SS"vsry or Intersection. or partly on one