Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-10
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OWNERS AND L0CAT0RS
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the record, and can neither De WITHDRAWN nor
returned, but must be 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 o
new paper designated 40 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 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 IL 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 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 9
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 q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as a deputy for the Register and Re-
oeiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of 9 town site
Q clause ts nferted 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 elspse between thu
frat and last insertions.
Where the Register designstes the d sily issu'
Of Q newspaper fer publication of notices of
mining application for patent 1t 10 not q com
pliance with law TO change to the weekly edi
tion of the same paper without authority o.
the Register.
The existence Of . salt spring on . tract O.
land withdrsws 1t from the operation of tn
homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
character OF such land 10 not allowed. Lam
containing valuable deposits of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate ant
distinct claim against each application whicl
1t 10 alleged conflicts with the premises own
by such adverse claimant.
The papers in q n adverse claim, once filed
cannot be Withdrawn, but becomes Q part OF tn
record.
When an adverse claim has been filed 1t can
not be amended 30 as to embrace q larger per
ton OF the premises than that described in tn,
original adverse claim.
An adverse claim must be made out IL
proper form and filed in the proper local otHc'
during the period Of publication OF the sppli
cation for the patent to be effective.
1t is the duty of the adverse claimant Il
commence suit in proper form within the re
4 quired time, and if he trusts the uncertain
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result o.
the cor tupt or dishonest action of his attorney
the Interior Department cannot redress thu
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 thu
facts specially. will not be considered in evi
dence.
An adverse claimant shoul show q compli
ance with the local laws in recording his CLAIM
and in regard to expenditures. and shall hle
copy Of the original notice Of his location, sn(
show the nature or extent Of the confic
alleged.
An allegation Of parties to Q suit that the,
compose the company 10 sufficient. and the!
are not required to prove that they are tn
original locators or the identical parties whit
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where lsnd ia of little. If any value, for sgri
cultural purposes, but 10 essential to tn,
proper development of mining claims, 4
should be disposed Of under the Mining Act.
Where lands containing slusble mtneral
deposits have been included In an agriculture
entry, said entry Will be Cancelled ~ any tim,
prior to issuance of patent, upon satisfsctor]
evidence Of the existence of such valuable de
posts.
Where valuable deposits Of mineral are dis
covered upon . tract sfter the same mas beer
entered as agricultural. but before / Jtent hal
been Issued, the parties claiming the min,
may make application for patent for same
and the agricultural entry will be cancelled Il
that portion Of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beef
issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be re
ceived In payment for elaine.
ALIENS.
A foreigner may make Q mining location Ant
| dispose OF 1t. provided he becomes . citizel
before dispooing OF the mine. Proof that tn
party was not q citizen before dispos!ng Of hi
claim must be afhrmAtively shown.
Locstors and intermediate owners, othe
than applicants, will not be presumed aliens
In the absence Of allegation or objection prio
to issuance OF patent.
The portion of a mining claim sold to al
alien cannot be patented while such owner 4
an alien; but on his declaration 70 become
citizen his right dates back to his purchase
sud he may thereupon secure United State
patent for his claim.
CROSS LEpGEs.
Revised Btstutes. Section 2,336:
Where two or more lodges cross or intersec
each other, priority OF title shall govern. spt
such prior location shall be entitled TO all or,
or mineral confined within the space of inter
section, but the subsequent location shsIlhay,
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
GLIDING all the space of Intersection.
NNE
There is no authority of law for a tupne]
location 5000 by l 500 feet. A proper location
10 the width OF the tuD mel for 5000 feet.
There 10 no provision OF law for pstentino
tunnel locations, but lodes discovered in run
ming q tunnel may be patented In like manner
40 other lodes.
The right IL granted TO tunnel owrars -