Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-11-29
MIS- ELLANEOU
INFOR
....FoR...
OWNERS AND L0ckT0RS
~....oF....
MI M ES.
APPLICATION FOR PATENT,

Where papers have once been fled with the
Register and Receiver they become q part of
the record, and can neither be withdrawn nor
returned. but must be transmitted to the Gep-
An application will be rejected when the de.
scription OF the premises is erroneous or in
sufficient.
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
newspaper designated AZ published nearest the
claim.
T~hird-Record title was found defective,
and
Fourth-A previous application had been
made for tho same premises, which WAS with
drawn pending q suit in Court commenced 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 and dis
tinct portions of . claim, application for
patent may be made by either for tn at portion
OF the claim owned by hun; but where several
parties own undivided interests In q mining
claim all should Join In an application for q
patent.
A person or association may purchase as
many placer locations 10 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 q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing 10 act as q deputy for the Register and Be
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
@ clause IS inserted Excepting and excluding
sll town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal I'm
! provemenss 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 elapse between the
frat and last insertions.
Where the Register d esignAtea the daiiy issue
of . newspaper for publication Of notices Of .
mining application for patent 10 is not o COM
pliance With Law to change 10 the weekly edi.
tion OF the same paper without authority Of
tho Register.
The existence of . salt spring on Q tract Of
land withdraws IL from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the Agricultural
character OF such land Ia 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
It Is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot DO Withdrawn, but becomes Q part of the
record.
When an adverse claim has been flod II can.
not be amended so 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 filed IN tho proper local Off CO
during the period Of publication Of the sppli.
cation for the patent 10 be effective.
II ID tho duty OF the adverse claimant TO
suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide tho consequences. should the delay
ensGe, through misfortune or accident. Should
the failure TO suit be the result Of
the cor ruptor dishonest action Of hts attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bazes his adverse
claim. A statements 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 o compli.
ance with tho local laws In recording his claim
and In regard to expenditures. and shall nile q
copy OF the original notice OF his location, and
snow the nature or extent OF the conflict
alleged.
An allegation OF parties 10 q suit that they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse clsim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little. II any value, for agri.
cultural purposes, but is essential TO the
proper development Of mining claims, II
should be disposed Of under the Mining Act.
1 WhNFA lanAa n0ntatnfna Ualn.hlA .a.~--r
deposits have been included In an agricultural
entry. said entry will be cancelled at 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 9 tract sfter the same aas been
entered as agricultural. but before l tent 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.
Whore mineral deposits are discovered on
Agricultural lands sitter ths patent has been
Issued to an Agricultural claimant, thoy pass
with the patent.
Agricultural College scrip cannot DO re.
ceived In payment for claims.
ALIENS.
A foreigner may make 9 mining location and
dispose OF 1t. provided he becomes a citizen
before disposing of the mine. Proof that the
RAsS =" " va OcAtIo QI1DOHiQR Oh dis
claim must be athrmatively shown.
Locators and ntermediste owners, other
than applicants. win not be presumed aliens.
IN the absence Of allegation or objection prior
to issuance Of patent.
TIL portion Of q mining claim sold 10 An
alien cannot be patented while such owner lie
an alien; but on HIS declaration to become q
citizen his right dates back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 2,336:
Whore two or more ledg es cross or intersect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral eontsined within the space of inter.
section, hnt 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. n 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.
TUNNELS.
There is no authority of law for q tunnel |
location 5000 by 800 feet. A proper location
ts the width OF the tunnel for 5000 feet.
There 10 no provision Of law for patenting |