Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-05-24
MISCELLANEOUS.
INFOR
FOR.
OWNERS AND L0CAT0RS
....OF....
MI NES
APPLICATION FOR PATENT.

NeA1t IN klCy = 80
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
ersl Land ONCE.
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
new spsper designated as published nearestt the
claim.
T-hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pendtng . 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 9 claim, application for
patent may be made by either for tins portion
Of the claim owned by him: but where several
parties own undivided interests in 9 mining
claim all should join in an application for .
patent.
many placer locations - the local law admits,
and embrace them all in one application for .
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 Re
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of q Town site
Q clause 10 inserted excepting and excluding
all town property, rights upon the surface,
and all 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
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 designates the d ally issue
Of q newspaper fer publication of notices of 9
mining application for patent it is not q COM
pliance with law to change to the weekly edi-
uon Of the same paper without authority Of
the Register.
The existence Of 8 salt spring on 8 tract of
land withdrAws 1t from the operation Of the
homestead and presumption 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 file g separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled,
cannot be Withdrawn, but becomes = part Of the
record.
When an adverse claim has been filed Ii can
not be amended Sc 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 hled in the proper local office
during the period of publication Of the appli-
cation for the patent 10 be effective.
1t is the duty of the adverse claimant to
commence suit in proper form within the re-
quired time, and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident Shonld
the failure to suit be the res III Of
the corrupt or dishonest actton Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse laiman 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 Ia evil
dence.
An adverse aiman should show q compli-
ance with the local laws in recording his claim
and in regard 10 expenditures. aud shall hle a
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
1 All 8lleRhuOu VI pbrblcb u y SUIT tuht tlfy
compose the company IL sufhcient. and they
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, If 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.
Where lands containing valuable mineral
l danoafta haua haaO inclnhad in an urfculfa, Al
entry, said entry will be cancelled At 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 o tract sitter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
that 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
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make @ mining location and
dispose Of 1t. provided he becomes . either
before disposing of the mine. Proof that tho
party was not q citizen before disposing Of hi
/ al u Do hIuFLnAtlNClt SnOWu.
Locators and intermediate owners. othei
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 al
alien cannot be patented while such owner II
an alien; but on his declaration to become
citizen his right dates back to his purchase
and he may thereupon secure United Statei
patent for his claim.
i CROSS EDGES.
Revised Statutes. Section 2,336:
Where two or more led ges cross or intersec
each other. priority Of title shall govern, ant
such prior location shall be entitled TO all orr
or mineral cont ined within the space Of inter
section. but the subsequent location shall hav'
the right OF way through the space of inter
section for the purpose Of the convenien
working Of the mine. And where two or NOR
veins unite the oldest or prior location shall
take the vein below the point Of union. in
GLIDING all the space of Intersection.
TUNNELS.
There IL no authority of law for q TUNE
location 5000 by 800 feet. A proper Location
IL the width Of the tunnel for 5000 feet.
There 10 no provision OF law for pstentini
tunnel locstions, but lodes discovered In run
ming a tunnel may be patented in like manner
as other lodes.
The right il granted TO tunnel owners Il
1000 feet Of each blind lode. not previousl!