Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-11
r
....FoR....
OWNERS AND L0CAI0RS
s...0F....
MI M T. 9 =
APPLICATION FOR PATENT.

i ButncleDt,
| Application for patent Will Dc feJecteu Oe-
First The notice was published without the
knowledge of the Register.
~Second-The notice was not published in a
new ,psper designated as published nearestth 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 o 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.
Where several parties wi separate and dis
tinct portions Of q claim, appiicstton for
| patent may be made by either for that portion
OF the claim owned by him; but where several
| parties own undivided interests in o mining
claim all should join III an application for =
patent.
A person or association may purchase as
many placer locations 81 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 a 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
o clause ts ins erted 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 u 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 elspse between the
frat and last insertions.
Where the Register designstes the d ally issue
of a newspaper for publication of notices of o
mining application for patent it is not a COM
pliance with law to change to the weekly edi.
ton of the same paper without authority OF
the Register.
The existence Of q 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 Acts.
DIVERSE CLAIMS,
Adverse claimants must Ale @ separate and
distinct claim against each application which
II Is alleged conflicts with the remises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but become ed q part Of the
record.
When an adverse claim has been filed 1t can.
not be amended 30 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
during the period of public alton OF the sppli-
cation for the patent TO be effective.
1t is the duty OF the adverse claimant to
commences suit in proper form within the re-
Il
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 cor upt 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 evi.
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and In regard TO expenditures. and shall nile q
copy Of the original notice Of his location, and
show the nature or extent OF the confic1
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 tn,
original ~locators or the identical parties who
pfCocAt eAC SAAiA
AGRICULTURAL OR MINERAL LANDS.
Where land Ia of little, If any value, for agri
cultural purposes, but Is essential to til,
proper development Of mining claims, 4
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agriculture
entry, said entry will be cancelled at any tim,
prior to issuance of patent, upon satlsfsctor,
evidence OF the existence of such valuable de
posts.
Where valuable deposits of mineral are dis
covered upon q tract after the same 'ias beer
entered as agricultural, but before I stent ha
boen issued, the parties claiming tho min
may make application for patent for same
and the agricultural entry will be cancelled t.
that portion OF the land embraced by SAT-
mining claim.
Where mineral deposits are discovered o,
agricultural lands after the patent has beef
issued to an AGRICULTURAL claimant, th0y pas
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
foreigner may make a mining location an,
dispose OF it. provided he becomes a citizeI
before disposing OF the mine. Proof that tn
party was not a citizen before disposlng of hi
claim must be afirmativeIy shown.
LocatOrs and intermediate owners, othe
than applicants, will NOE be presumed aliens
IN the hOseuce OF hlleBRtion or objection prtQ
to issuance Of patent. \
The portion of a mining claim sold 10 Al
alien cannot be patented while such owner /
an alien; but on hts declaration to become
citizen his right dates back to his purchase
aud he may %thereupon secure United State
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1885:
Where two or more lodges cross or ~intersec
each other, priority Of title shall govern. an,
such prior location shall be entitled to all or
or mineral confined within the space of inter
section. but the subsequent location shall hay
the right of way through the space of inter
section for the purpose OF the convenien
working of the mine. And where two or NOR
veins unite the oldest or prior location shal
take the vein below the point Of union. IN
Guiding all the space of intersection.
TUNNELS.
There Is no authority of law for a tunne
location 1000 by l 800 feet. A proper locatio,
is the width OF the tunnel for 5000 feet.
There Is no provision Of law for patentipl
unnel locations, but lodes discovered in run
mig a tunnel may be patented in like name
as other lodes.
The right 10 granted to tunnel owners q
/ 800 feet of each blind lode, not preyiousI,
known to exist, which may be discovered Ii
their tunnel
when q lode Is struck or discovered for IN,
first time In running Q tunnel the TUNE