Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-01
lNFOR NATION
....FoR....
OWNERS AND L0CATORS
MI ELS
APPLICATION FOR PATENT.

ADDitChtAVb "
cause: ort the
knowledge of the Register.
~Secoud-The notice was not published in q
wspsper designated as published nearest the
claim. foo.ua
Fourth-A previous application had been
made far the same premises, which was with
drawn pending 9 suit in Court commenced by
the adverse claimant. ,
when the survey does not accurately define the
boundaries OF the claim.
where the claim was not lccsted In accord
any Where several parties own separate and dis
tinct portions of Q claim. application for
nsteut may be made by either for that portion
Of the claim owned by him; but where several
nartfes own undivided interests in Q mining
claim all should join In an application Tor .
patent.
MANY placer locations a. 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 Q deputy for the Register and he
ceiyer cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries Of 9 tow ate
a clause ia inserted Excepting and excluding
ali town property. rights upon the surface,
and ali houses. buildings, structures. lots,
hloeks. streets, alleys or other municipal i'm
proyements not belonging TO the grantee here
in. and all rights necessary or proper TO the
occupation, possession and enjoyment OF the
publication of notice must be made In 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 elapse between the
fret and last insertions.
where the Register designstes the d ally issue
of a newspaper for publication of notices Of 9
mining application for patent IL Is not q COM
pliance With law to change to the weekly edi-
lion Of the same paper without authority Of
the Register.
The existence Of . salt spring on . tract of
land withdraw 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land is not allowed. Land
containing valuable deposits Of slate may DO
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file o separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such sdyerse claimant.
The papers In an adverse claim, once filed,
cannot be Withdrawn, but become s q part OF the
record.
When an adverse claim has been filed II can
not be amended so as to embrace a larger por-
lion OF the premises than that described in the
original adverse clsim.
An adverse claim must be made out in
proper firm and flied in the proper local Office
during the period Of publication OF the april
cation for the patent TO be effective.
II is the duty OF the adverse claimant TO
suit In proper form within the re-
quired time. and II he trusts ,hs uncertain
med:sn OF the United States mail he must
abide the consequences. should the delsy
ensue, through misfortune or accident. Should
tie failure TO suit be the res IL OF
the cor fupt or dishonest action OF his attorney.
the interior Department cannot redress the
wrong.
An adverse claim ant 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 la evil
dence.
An adverse claimant should show Q compli-
ance with the local laws In recording his claim
and in regard to expenditures. aud shall nle =
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 hat they
SOhiposc IL company ~ bulhttbhtf ~ thTy
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, II any value, for sgri-
cultural purposes, but 80 essential to the
proper development of mining claims. II
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 NJ 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 psrties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
mat 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.
foreigner may make a mining location and
dispose OF 1t. provided he becomes . citizen
peiore oisposing Of the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afirmstiveiy shown.
Locators and intermediate owners. other
nan applicants. will not be presumed aliens.
IN tne absence q allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold to an
aIien cannot be patented while such owner Is
al shen; out on his declaration to become .
cItzeh his right dates back to his purchase,
anu no may thereupon secure United States
patent Tor his claim.
CROSS LEDaEs.
revised Statutes. Section 1855:
"hoIe TWO or more lodges cross or intersect
eace otner, priority Of title shall govern, and
sucn prior location shall be entitled 10 all ore
~ mine,sI eontained within the space of inter.
sscuon, put the subsequent location shall have
: Ilsnt Of way through the space of inter-
soe'son iof the purpose Of the convenient
VII myrn'nk ~ me mine. And where two or more
s1lns unite the olde-t or prior location shall
tsKe the vein below the point Of union. In
'iuuihs si the space Of intersection.
UsNEL
aaere 10 no authority of law for q tunnel
~ ~ S,vVo Dy 800 feet. A proper location
r = wiath OF the tunnel for 5000 feet.
nne,S - no provision OF law for patenting
n unnei Locsions, but lodes discovered In run.
AZ y : sunnei may be patented In like manner
Jns right 10 granted 10 tunnel owners TO
t,ooo ieet OF each blind lode, not previously
their tunnel. ~
"hen . lode ia struck or discovered for the
60 nae IN running Q tunnel the tunnel
1871 lave the option Of recording their
~ y I,oOO feet ell on one side of the point
sids shsvsoly OF intersection. or partly on one