Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-12-05
MISCELLANEOUS.
INFOR
~....FoR....
OWNERS AND L0cAT0RS
~....oF...
MI M ES .
APPLICATION FOR PATENT,

6Aoe - " bAty OCOolub y QhEt VI /
the record, and can neither be Withdrawn nor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 10 erroneous or in
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
designated IS published nearestt the
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending . suit in Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately define the
OF the claim.
Where the claim was not located In accord.
ance with law.
Where several parties own separate and dis
tlnct portions Of 3 claim, application for
patent may be made by either for that portion
OF the claim owned by him: but where several
parties own undivided interests In . mining
claim all should join In an application for =
patent.
A person or association may purchase as
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 q patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn to before any person purport-
ing to act US o deputy for the Register and he
ceiver cannot be recorded ss evidence.
In all patents for mining claims situsted
within the interior boundaries Of o town site
Q clause Is 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
- A. AkA .A-AA hA.A
In. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made u only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must eiApse between the
frat and last insertions.
Where the Register designAtes the daily issue
of a newspaper for publication OF notices Of q
mining application for patent 1t 10 not . COM
pliance with law TO change TO the weekly edi.
tion of the same paper without authority Of
the Register.
The existence of q salt spring on . 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 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale . 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 become % . part Of the
record.
When an adverse claim has been nled 1t can
not be amended 30 as to embrace q larger per-
ton OF the premises than that described In the
original adverse claim.
An adverse clsim must be made out In
-. - Ea2l a.. 80 va -.
during the period of publication OF the sppli-
cation for the patent to DO effective.
II Is 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
ensao, through misfortune or accident. Should
the failure to commence suit be the resalt OF
the corrupt or dishonest action Of his Atterney.
the Interior Department cannot redress the
wrong.
An adverse claimant 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 he considered in 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 q
copy Of the original notice Of his location, aud
show the nature or extent OF the conflict
alleged.
An allegation Of parties to O 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 Oh 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.
Where lands containing valuable mineral
A-4aAA4 h--- 49, - a.. -
entry. said entry will be cancelled Ai any ime
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 . tract sitter the same tas been
entered as agricultural, but before I stent has
been 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 embraced by said
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 g mining location and
dispose OF II. provided he becomes Q citizen
before disposing of the mine. Proof that the
party was not a citizen before disposing Of his
claim must Dc afirmatively 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
alien cannot be patented while such owner IL
an alien; but on HIS declaration to become q
citizen HIS right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGRs.
Revised Statutes. Section 1885;
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled 10 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
Guiding 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 tun mel for 5000 feet.
There Ii no provision OF law for ~patenting
tunnel locations, but lodes discovered In run.
ming = tunnel may be patented In like manner
40 other lodes.
The right is granted to tunnel owners to
L hh YAAH ~ AARh IA.A 4