Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-30
MISCELLANEOUS.
INFOR
....FoR....
OWNERS AND LOCATORS
....OF....
i E

Af<AOA1Aon kOh kAThNTs
Where papers have once been hled 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the record, and can neither be Withdrawn nor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 Gen.
eral Land ONCE.
An application will be rejected when the de.
scription OF the premises is erroneous OF 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 @
newspaper designated IS published nearestt the
claim.
Third-Becord title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 9 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 o claim, application for
patent may be made by either for taat portion
OF the claim owned by him but where several
parties wi undivided interests in . mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations ss the local law admits.
and embrace them all In one application for Q
patent.
Two or more lodes cannot BIO embraced In
one application for o patent except for placer
elaine 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 Re-
ceiver canine be recorded as evidence.
In ali patents for mining claims situated
within the interior boundaries of g town site
q clause Is inserted 'excepting and excluding
ell tow 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
occupstion, possession and enjoyment OF the
same"
Publication Of notice must be made o only
ono newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
r~ewspapers 60 days must olspse between the
frat ana last insertions.
Where the Register designates the d ally issue
Of q newspaper for publication OF notices Of .
mining application for patent 1t 10 not q COM
pliance With law to change to the weekly edi-
zion of the same paper without authority of
the Register.
The existence of . salt spring on q tract Of
land withdraws 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 be
entered uuuef tue mining Acu.
| ADVERSE CLAIMS.
| Adverse claimants must Ale Q separate and
| distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, but become % . part Of the
record.
not DO amended 30 as to embrace . larger per.
tion of the premises than that described in the
original adverse claim.
An adverse claim must be made ont In
proper form and flied in the proper local Office
during the period OF publication OF the Appn-
cation for the patent 70 be effective.
1t 10 the duty OF the adverse claimant TO
suit in proper form within the re-
quired time. and II he trusts she 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 1T Of
the cor fupt or dishonest action OF his attorney,
the Interior Department csnnot redress the
wrong.
An adverse claimant should set forth In dc.
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 in owl
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and In regard to expenditures. and shall ME o
copy Of the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties 10 Q suit that they
compose the company 10 sufficient. and the
are not required TO prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land is of little. If 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 have been included In an agricultural
entry, said entry will be cancelled Is any time
prior to issuance OF patent. Upon satisfactory
evidence Of the existence Of such valaabie de.
posts.
Where valuable deposits Of mineral are dis
covered upon q tract after the Same mas been
entered IL as agricultural. but before l stent has
oeen Issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled to
that portion Of the land embraecd 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
. AG b0GOuuG8 y omen
before disposing Of the mine. Proof that the
party was not . citizen before disposing Of his
claim must be afhrmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens.
in tho absence Of allegation or objection prior
TO issuance Of patent.
The portion Of q mining claim sold to an
alien cannot be patented while such owner lie
an alien: but on his declaration TO become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LRDoRs.
Revised Statutes. Section 2.SS6:
Where two or moro lodges cross or interscct
each other, priority Of title shall govern. and
such prior location shall be entitled to ali ore
or mineral contained within the space Of inter.
section. but 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. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. in.
cluding all the space OF intersection.
TUNNELS.
There 10 no authority Of law for a tunnel
location 5000 By ]. 800 feet. A proper location |
Is the width OF the tunnel for 5000 feet.