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

WAch II survey ODbH uOL ACCuIALGlX 0e0n0 me
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 W undivided interests in . mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations 80 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 o 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 az evidence.
In all patents for mining claims situated
within the interior boundaries Of a town site
q clause Ia 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 a 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 elapse between the
Il anu . tAnatI Oub
Where the Register designates the daily issue
of q newspaper fer publication of notices Of o
mining application for patent II is not q COM
pliance with law TO change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence Of o salt spring on q tract Of
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
character of ouch land 10 not allowed. Land
containing valuable deposits OF slate Inay be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owed
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, hut becomes 9 part Of the
record.
When an adverse claim has been fled 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 filed 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 0
suit in proper form within the re-
CURED 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 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 eompli.
ance with the local laws in recording his claim
and In regard TO expenditures. and shall hle q
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
original ~locstors or tho identical par ties who
present the adverse claim.
AGRICULTURAL OR MINERAL LAxDs.
Where land lie of little. if any value, for agri.
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.
posite.
Where valuable deposits Of mineral are dis.
covered upon q tract after the same las been
entered an agricultural, but before I Stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled e.
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 cannot be
ceived In payment for claims.
ALIENS.
A fop0t0pay n vn.kn
dispose Of 1t. provided he becomes Q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposinq 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
70 issuance of patent.
The portion of q mining claim sold to en-
alien cannot be patented while such owner Is
an allen; but on his declaration. o become q
citizen his right dates back to his purchase,
Sud he may thereupon secure United States
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 2.Sss;
Wnere or more lodges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be 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
VEINS unite the oidest or prior location shall
take the vein below the point Of union, In
Guiding all the space Of intersection.
TUNNELS.
There 10 no authority Of law for Q tunnel
location 5000 by l 800 feet. A proper location
Is the width OF the unn for 5000 feet.
fhere 10 no provision Of law for patenting
tunnel locations, but lodes discovered in run
ning q tunnel may be patented in like manner
The right is granted to tunnel owners to
] 800 feet Of each blind lode, not previously |
known to exist. which may be discovered In
their tunnel.
When q lode is struck or discovered for the
nrst time In running q tunnel the tunnel
owners have the option Of recording their
claim OF 800 feet all on one side 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 unnel |
Is in progress, but other parties are in no way |
debarred from prospecting for blind lodes or