Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-23
INFOR NATION
....FOB....
OWNERS AND L0CAT0RS
....of....
MI L NES.
APPLICATIONS FOR PxTESr.

Register and Receiver they become d part Of
the record, and can neither be Withdrawn nor
returned, but must be to the Cen
ersl Land Once.
An 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-The notice was not published in q
new spsper designated As published nearestthe
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.
Whore the claim was not located in accord
snce with law.
Where several parties own separate and dis
tinct portions of 9 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 q
patent.
A person or association may purchase ss
many placer locations a. 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 q deputy for the Register and Re-
ceiver cannot be recorded AZ evidence.
In all patents for mining claims situated
within the interior boundaries of a town site
o clause is inherited excepting aud 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
frat and last insertions.
Where the Register designates the d ally issue
OF Q newspaper for publication OF notices Of Q
pliance with law to change to the weekly edi.
uon of the same paper without authority of
the Register.
The existence OF q salt spring on g 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 IL 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 agsinst each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed ii can.
not be amended 30 al 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 flied In the proper local ofice
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 proper form within the re-
CURED 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 suit be the result Of
the rrupt 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 In evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording hts 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 g suit that they
compose the company ia sufficient, and they
are not required to prove that they are the
original ~locators or the IDENTICAL parties who
present the adverse claim.
AeRIouLrURALso con MINERAL LANDS.
Where land ia of little, If any value. for agri
cultural purposes, but IL essential to the
proper development Of mining claims, II
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 Nc 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 Q tract after the same tas been
entered az agricultural. but before ! 5tent hal
been issued, the parties claiming the min
may make application for patent for same
and the agricultural entry will be cancelled &c
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered or
agricultural lands after the patent has beer
tssued to an AGRICULTURAL claimant. they pasi
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location and
dispose OF 1t. provided he becomes 9 either
before disposing OF the mine. Proof that tn,
party was NOT u CltZeu DeIOfo ulbpObIn ny OF oil
claim must be afirmatively shown.
Locators and intermediate owners. othel
than applicants. will not be presumed aliens
in the absence Of allegation or objection priol
to issuance of patent.
The portion of o mining claim sold TO al
alien cannot be patented while such owner II
an alien; but on hts declaration to become 4
citizen his right dates back to his purchase
sud he may thereupon secure United Ststel
patent for his claim.
CROSS LRDaEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersec,
each other, priority Of title shall govern, ant
such prior location shall be entitled TO all orr
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 olde.t or prior location shall
take the vein below the point OF union. in,
GLIDING all the space of intersection.
TUNNELS.
There is no authority Of law for a tunnel
location 5000 by 800 feet. A proper location
is the width of the tunnel for 5000 feet.
There 10 no provision OF law for patentinp
tunnel locations, but lodes discovered in run.
ming q tunnel may be patented In like manner
as other lodes.
Tha ~iohk % or.rtaA 40 @u.