Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-07
INFOR NATION
....FoB....
OWNERS AND L0CAT0RS
....OF....
MI M T. 9 .
APPLICATION FOR PATENT.

1 kA6 eAA NaN
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
ersl 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 notice was published without the
| knowledge of the Register.
| ~Second-The notice was not published in q
newspaper 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.
Where the claim was not located In accord
ance with law.
tinct portions Of q claim. application for
| patent may be made by either for TIT portion
VI the claim owned by him; but where several
parties own undivided interests in Q mining
claim all should join In an application for 9
patent.
A person or association may purchase %
many placer locations IS the local law admits,
and embrace them all In one application for Q
patent.
Two or more iodes cannot be embraced in
one application for 9 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 evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
Q clause is Inverted excepting and excluding
ell town property, rights upon the surface,
and al houses, buildings. structures. lots,
blocks, streets, alleys OK other municipal I'M
| provements not belonging to the grantee here
III, 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 a newspaper for publication Of notices of q
mining application for patent 1t is not q COM
pliance with law TO change to the weekly edi.
ZION of the same paper without authority Of
1 the Register.
The existence Of o salt spring on 9 tract OF
land withdrsws 1t from the operation Of the
for the purpose of proving the agricultural
character Of such land Ia not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
The papers in an adverse claim. once filed
csnhot be withdrawn, but becomes q part OF the
record.
When an adverse claim has been fled 1t can.
not be amended SO as to embrace q larger por-
ton 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
| =. Ar na.tNA 80 rnhIIn .ttnp, NJ kha appl{.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant TO
commence suit In proper form within the re-
CURED time, and If he trusts she 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 the result OF
the corrupt 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-
snce with the local laws in recording his claim
and in regard to expenditures. and shall ME q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to q suit that they
compose the company Is 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 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 st any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence OF such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon Q tract sitter the same ass been
entered as agricultural, but before ! stent has
been Issued, the parties claiming the mine
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.
agricultural lands after the patent has beer
issued to an agricultural claimant. thOy pssi
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
foreigner may make q mining location AMI
dispose Of 1t. provided he becomes O either
before disposing OF the mine. Proof that thu
party was not q citizen before disposing Of hi
claim must be affirmatively 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 q mining claim sold to ar
alien cannot be patented whilo such owner Il
an alien; but on his declaration to become
citizen his right dates back to his purchase
aud he may thereupon secure United Statel
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 2,336;
Where two or more lodges cross or intersec'
each other, priority of title shall govern. ant
such prior location shall be entitled 10 all orr
or mineral cont. insd 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 pors
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 Ia no authority OF law for q tunnel
location 1900 by 800 feet. A proper location
il the width of the tunnel for 5000 feet.
There ia no provision OF law for patentipo
tunnel locations. but lodes discovered In run,
mig a tunnel may be patented in like manner
as other lodes.