Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-19
APPLICATION FOR PATENT.

q " A ohN RIpLulsbbt hlCh Who 10
drawn pending q 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 tn at 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 q
patent.
A person or association may purchase %
many placer locations as the local law admits,
and embrace them all In one application for 3
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 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
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 n 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 elspse between the
first and last insertions.
Where the Register d esignstes thedaily issue
of q newspaper fer publication of notices of Q
mining application for patent 1t Is not a 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 3 tract of
land withdrsws it from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land IL not SLOWED. 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
1t 10 alleged conflicts with The premises owned
by such adverse
The papers in an adverse claim, once filed,
cannot be withdrawn, but becomes 8 part Of the
record.
When an adverse claim has been filed II can.
not be amended so az to embrace q larger per-
ton of the promises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and filed in the proper local Office
during the period OF publication OF the appli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant to
commence suit in proper form within the re-
quired time, and II he trusts Ihe uncertain
medium of the United States mail he must
hDlub tuc CoEbtlutHCtht huOuiu tue ucikg
ensue. through misfortune or accident. should
the failure TO suit be the result Of
the cor supt or dishonest action OF his attorney,
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 be considered 10 evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording HIS claim
and in regard to expenditures, and shall nle q
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to a suit that they
compose the company is sufficient. and they
are not required TO prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of iittle. II any value, for agri.
cultural purposes, but ia 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 after the same has been
altered az 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 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 to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceiyed In payment for claims.
ALIENS.
A foreigner may make Q mining location and
dispose Of 1t. provided he becomes Q citizen
party was not Q citizen before disposing Of his
claim must be affrmstfvely shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens,
to issuance Of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner Is
an alien; but on his declaration to become .
citizen his right dates back to his purchase,
and he may thereupon secure United States
patent for his claim.
CROSS LFDeEs.
Revised Statutes. Section 1850:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, snd
such prior location shall be entitled to all ore
or mineral cont,ined 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
WOfAihe vi tuo mlue. anu Wutfo tWO " ~.
veins unite the olde.t or prior location shall
take the vein below the point of union, In
Guiding all the space OF intersection.
TUNNELS.
There is no authority OF law for Q tunnel
location 1900 by 1900 feet. A proper location
is the width of the tunnel for 5000 feet.
There is no provision of law for patenting
tunnel locations, but lodes discovered In run
ming 3 tunnel may be patented In like manner
as other lodes.
The right is granted to tunnel owners to
1900 feet Of each BLIND lode. not previously
known to exist, which may be discovered In
their tunnel.
when a lode is struck or discovered for the
frat time In running o tunnel the tunnel
owners have the option of recording their
claim Of 800 feet all on one side Of the point
OF discovery or intersection, or partly on one
side thereof and partly on the other.
Prospecting for blind lodes 10 prohibited on
the line of alocated tunnel while the tunnel
10 in progress, but other parties are In no wa
debarred from prospecting for blind lodes o
running tunnels. SO long a. they keep withou
the line Of such tunnel. n16n