Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-25

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 own undivided interests in . mining
claim all should join in an application for o
patent.
A person or association may purchase az
many placer locations az the local law admits,
and embrace them all IN one application for 0
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 . 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 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 60 days must elspse between the
| frat and last insertions.
Where the Register designates the dsily issue
of g newspaper for publication Of notices of 9
mining application for patent 1t is not 9 COM
plisnce with law to change to the weekly edi-
uon Of the same paper without authority Of
the Register.
The existence OF q salt spring on q tract of
land wtthdrAws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate and
distinct claim against zach application which
1t 10 alleged conflicts with the premises owned
by such adverse
The papers In an adverse claim, once hled,
cannot be Withdrawn, but become % Q part Of the
| record.
When an adverse claim has been filed it can.
not be amended 80 as to embrace . larger por.
ton Of the premises than that described In the
original adverse ciAim.
An adverse claim must be made out In
| proper form and filed in the proper local office
during the period of publication OF the applt-
cation for the patent TO be effective.
1t is the duty OF the adverse claimant o
m 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 misforiuneo or accident Should
the failure to suit be the result OF
the corTuptor 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 nle a
copy OF the original notice Of his location, and
1 ahOW the nAlnPA mr. ANtant of thA AnnHfQt
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 ~locstors or the identical parties who
present the adverse claim.
AaRrcuLruRAL Oh MINERAL LAxps.
Where land is of little, II any value. for agri.
cultural purposes. but 10 essential to the
proper development of mining claims, IL
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 % 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 after the SAM aas been
entered as agricultural, but before 7 stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
thst 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
cetved In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes 9 citizen
before disposing OF the mine. Proof that the
party was not o citizen before disposing OF hts
claim must be afirmatively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens,
N the absence OF allegation OF objection prior
TO issuance Of patent.
The portion Of a mining claim sold to an
Alien cannot be patented while such owner ia
an alien; but on his declsrstiont o become Q
citizen his right dates back TO his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS D
Revised Statutes. Section 1883:
Where two 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 for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest 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 Q tunnel
location 5000 by 800 feet. A proper location
is the width Of the tunnel for 5000 feet.
There 10 no provision of law for patenting
tunnel locations. but lodes discovered in run |
ming . tunnel may be patented in like manner
a. other lodes.
This right IL granted to tunnel owners to
1000 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
hrst time in running . tunnel the tunnel
owners have the option Of recording their
claim of l, 800 feet ali ON one side of the point |
Of discovery OF 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 tunnel
is in progress, but other parties are in no way
daharrad frnm nrnanacfinn for hind lodaa or L