Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-07
MISCELLANEOUS.
INFOR
Hon.
OWNERS AND L0CAT0RS
....oF....
MI M ELS.
APPLICATION FOR PATENT.

ntbAstcE u htCclNtE tucy DcCbnc . al -
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Cen
eral Land Office.
Al application will be rejected when the de-
scription of the premises 10 erroneous or In
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
~Second-Th notice was not published in Q
new paper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises which was with
drawn pending a suit in Court commenced by
the adverse laimant
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 q claim, application for
patent may DE made by either for tn at portion
Of the claim owned by him.: but where several
parties own undivided interests in q mining
claim all should Join In an application for 3
patent.
A person CT association may purchase as
many placer locations as 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 loaes within
their boundaries
Papers sworn to before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries Of q town site
Q clause is ins erted excepting and excluding
all town property, rights upon the surface,
and al houses, buildings, structures, lots,
blocks. streets, alleys or other municipal i'm
provements 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
| ore 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
first and last insertions.
Where the Register designAtes the daily issue
of q newspaper for publication Of notices of q
mining application for patent it is not . COM
pliance with law to change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence Of q salt spring on q tract of
land withdrAws it from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such lsnd 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
II 10 alleged conflicts with the premises owned
by such adverse claimant.
| The papers In an adverse claim, once filed,
cannot be Withdrawn, but becom % Q part OF the
| record.
NOT be amended 30 as to embrace Q larger per-
ton OF the premises than that described in the
| original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local office
| during the period Of publication Of the sppli-
| cation for the patent to be effective.
1t is the duty Of the adverse claimant TO
suit in prooer form within the re-
quired time, and II he trusts The 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 cor -upt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong
An adverse claimant should set forth in de-
tail the fscts upon which he bases his adverse
lain A statemen. in general terms, embody-
ing conclusions Of law, without stating the
facts specially, will mos be considered ia evil
dence.
An adverse claiman. should show q compli.
snce with the local laws In recording his claim
and in regard to expenditures. and shall hle 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 suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value, for agri-
cultural purposes, but 10 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 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 o tract sfter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application ior patent for same,
and the agricultural entry will be cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued 10 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 1t. provided he becomes 9 citizen
before disposiDg Of the mine. Proof that the
party was not . cltlZeu UeIOr6 ulbpOs1ng OF MS
claim must be afirmstiyely 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 q mining claim sold to an
allen 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 he may thereupon secure United States
patent for Ills claim.
| CROSS EDGES.
Revised Statutes. Section 2,336:
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 tonts ined within the space of inter-
SECTION, but the subsequent location shall have
tne right OF way through the space of inter
section Tor the purpose of the convenient
working OF the mine. And where two or more
VEINS unite the Oldest or prior location shall
axe the vein below the point Of union, in
Guiding all the space Of intersection.
TUNNELS. A-Sr
Tnere is no authority of law for q tunnel
location 5000 by ], 800 feet. A proper location
is the width OF the tunnel for 5000 feet.
mere 10 no provision OF law for p~atenting
tunnel locations. but lodes discovered In run
nlng q tunnel may be patented IN like manner
as other lodes.
Tne right is granted to tunnel owners to
l LOU leet OF each blind lode, not previously