Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-20
APPLICATION FOR PATENT.

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 q 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 N mining
claim all should join In an application for a
patent.
A person or association may purchase as
many placer locations as the local Law admits,
and embrace them all in one application for a
patent.
Two or more lodes cannot DO embraced in
one application for q patent except for placer
claims embracing two or more Iodes within
their boundaries
Papers sworn to before any person purport-
ing to act as a 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
O 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 q only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers co days must elspse between the
first and last insertions.
Where the Register designates the daily issue
of q newspaper for publication of notices of q
mining application for patent it is not q COM
pliance with law TO change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence Of a salt spring on q tract of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
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 ActR.
ADVERSE CLAIMS.
Adverse claimants must file 9 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 filed,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1t can.
not be amended so az TO embrace a larger per
tion OF the premises 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 Gppli-
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant o
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. Should
the failure to commence suit be tho result Of
the cortupto 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 Ia evil
dence.
An adverse claimant should show a compii.
ance with the local laws In recording his claim
and in regard to expenditures aud shall nile a
copy Of the original notice OF hts location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to a 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 OR MINERAL NJ
Where land is of little. If any value, for aRri.
cultural purposes, but is 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 ct any time
prior to Issuance of patent, upon satisfactory
evidence OF the existence of such valuable de-
posts.
Where valuable deposits Of mineral sre dis.
covered upon q tract after the same las been
entered as agricultural, but before I stent has
been Issued, the parties claiming the mine
may make application for patent for same,
.1@ sAe 80 AtE a. Oe ChQCelt0 tU
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
01HDOg6 of IL. nrOvfdoH ha harDy,aa . otktwa0
before disposing OF the mine. Proof that the
party was not Q citizen before disposing Of hts
claim must be afirmatively shown.
Locators and intermediate owners, other
than applicants, will not be presumed aliens,
In the absence of allegation or objection prior
10 Issuance OF patent.
The portion of a mining claim sold to an
alien cannot be patented while such owner is
an alien; bus on his declarations o become Q
citizen his right dates back to his purchase,
aud ne may thereupon secure United States
patent for his claim.
GROSS LEDoEs
Revised Statutes. Section 1886:
Wnere TWO or more lodges cross or intersect
each other, priority OF title shall govern. and
such prior location shall BIO entitled to all 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 Tor the purpose OF the convenient
working OF the mine. And where two or more
uHasp sAO olubhb or prlOf LOCATION bLHll |
take the vein below the point of union, in |
Guiding all the space of intersection.
TUNNELS. |
Tnere Is no authority of law for a unnel
location 1900 by 800 feet. A proper location
is the width of the tunnel for 5000 feet.
There is no provision OF law for patenting
tunnel locstions, but lodes discovered In run
ming q tunnel may be patented In like manner
as other lodes.
The right is granted to tunnel owners to
i,ooo Feet OF each blind lode, not previously
Known to exist, which may be discovered in
their tunnel.
When a lode Ia struck or discovered for the
nrst time In running q TUNE the tunnel
owners have the option of recording their
claim OF 800 feet all on one sido of the point
OF discovery or intersection. or partly on one
side thereof and partly ON the other.
prospecting for blind lodes is prohibited
The line of a located tunnel while the tunnel
IL In progress, but other parties are in no way
lnlArFad frnnn tNraaNao44uo Fn~ Hind IaAaa ~