Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-27
iNTCR NATION
HON.
OWNERS AND L0CkT0RS
....OF....
III Z III u - i.
APPLICATION roE pArEyr.

APPLICATION FOR PATENT.
Where pspers have once been fled with the
Re gtster and receiver they become . part of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land Office.
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 noticewas published without the
knowledge Of the Register.
Second-The notice was not published in q
new paper designated as published nearestthe
claim.
Third--Record title was found defective,
Fourth--A previous application had been
made for the same premises, which was with
drawn pending a 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.
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 = 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 Q
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 Be-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of O town site
. clause Is In erted excepting Knd excluding
all town property, rights upon the surface.
and all houses, buildings, structures. lots.
blocks. streets, alleys or other municipal Inn
provernents 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 go days must elspse between the
frat and last insertions.
Where the Register designAtes tn dsily issut
Of q newspaper for publication of notices Of q
mining application for patent ii is not q COM
pliance with law TO change to the weekly edi'
t1on Of the same paper without authority oi
the Register.
The existence Of Q salt spring on . tract OF
land withdraws it from the operation CT tbs
homestead and presumption laws. A hearing
for the purpose OF proving the sgriculturs
1 CudE = " ! Bull hLu 1t II u AA1N
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate snd
distinct clsim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once filed
csnno, be- withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed 1t can.
not be amended 50 az to embrace . larger per.
ton OF the premises than that described in the
| original adverse claim.
An adverse claim must be made out In
proper firm and filed In the proper local OH ce
during the period Of public Etion 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-
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 suit be the result of
the corruption dishonest action of his attsruey.
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 a compli.
/ aHSc WIN TIC luthi lhNh III ToCOEuluk us Clhlm
and in regard to expenditures. and shall hle a
copy Of the original notice Of his location, and
show the nature or extent n the conflict
alleged.
An allegation Of parties to q 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 LANDS.
Where land is of little. If any value. for sgri'
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
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 q tract sitter the same sss been
entered as agricultural, but before / dent has
been issued, the parties claiming the mine
may make application for patent for same,
aud 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 csnnot be re
ceived In payment for claims.
ALIENS,
A foreigner may make q mining location and
dispose OF 1t. provided he becomes O either
before disposing Of the mine. Proof that the
party was not a citizen before dispos. ng of his
claim must be aihrmatively shown.
Locators and Intermediate owners, Other
than applicants, will not be1presumed aliens
In the absence of allegation or objection prior
to issuance of patent.
The portion Of a mining claim sold to on
alien cannot be patented while such owner Ia
an alien; but on hts declaration TO become q
citizen his right dates back to his purchase,
sud he may therenpon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1886;
Where two or more lodges cross or ~interseci
escu other, priority OF title shall govern, and
such prior location shall be entitled to all ore
or mineral confined 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 convenien,
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 l 800 feet. A proper location
Ia thu width nj the tunnei for O00 foot