Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-15
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...FOR....
OWNERS AND L0CAT0RS
....oF....
L III E . .
APPLICATION FOR PATENT.

the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
erzl 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 notfVe was not published in q
new paper designated Is published 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 claim an.
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.
Where several parties own separate and dis
tinct portions Of q claim, application for
patent may be made by either for IN lat portion
OF the claim owned by him: but where several
parties own undivided interests in u mining
claim al should Join In AL application for n
patent.
A person or association may purchase "a
many placer locations as the local law admits.
aud embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for Q patent except tor placer
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 evidences.
In all patents for mining claims situated
within the interior boundaries OF q town site
q clause IL in. erted excepting aud excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks. streets, alleys or other municipal Inn
| 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 n onlE
one newspaper for the period of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elspse between the
frat and last insertions.
Where the Register designates the d ally issue
of q newspaper for publication of notices Of q
mining application for patent it is not a com
plisnce WITH law to change to the weekly edi-
tion of the same paper without authority Of
the Register.
The existence OF q salt spring on q tract of
land withdrsws It 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 Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
diBtinct claim against each application which
1t Is 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 it can
not be amended SO as 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 Office
during the period of publication Of the sppli-
cation for the patent TO be effective.
1t is the duty OF the adverse claimant to
commence 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
ensne, through misfortune or accident. Should
the failure 20 suit be the result of
the cor rupt 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-
Gnce with the local laws In recording his claim
and in regard to expenditures. aud shall nle n
copy of the original notice Of his location, and
show the nature Or extent of the conflict
alleged.
An allegation of parties to a suit that they
compose the company is sufficient, and they
are not required to prove that they are the
| OTlEluhI iOCbIDIb OE Lub lQtuLlChl DAKLlcb 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, 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 st any time
prior to issuance of patent, upon satisfactory
I aUfdannn n fhn AxtafAnon IF n-ah 1aa n n
posits.
Where valuable deposits Of mineral are dis
covered upon 9 tract after the same las been
entered as agricultural. but before l Jtent has
been issued, the parties claiming the mine
may make application for patent for same,
and 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. thoy pass
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 q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposi ny Of hts
claim must be afhrmatively shown.
Locstors and intermediate owners. other
than applicants. will not be presumed aliens,
50 49, Va VI
to issuance Of patent.
The portion of u mining claim sold to an
alien cannot be patented while such owner IL
an alien; but on his declaration to become 9
citizen his right dates back to his purchase,
lud he May thereupon secure United States
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 2,336:
Where two or more led ges cross or intersect
each other, priority OF title shall govern. and
such prior location shall be entitled to all ore
or mineral cont.ined within the space of inter.
section. but the subsequent ~locatioo shall have
the right Of way through the space of inter
section for the purpose Of the convenient
working Of the mine. And whore two or more
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 sutherity of law for a tunnel
location 5000 by l 800 feet. A proper location
is the width of the tunnel for 5000 feet.
There IL no provision OF law for patenting
tunnel locations, but lodes discovered in run.
ming a tunnel may be patented In like manner
as other lodes.
H1.u -4-hA d 49, A. --