Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-09
INFOR
FOR
OWNERS AND L0CAT0RS
....OF....
MI M Els.
APPLICATION FOR PATENT.

Register ana RECOVER tLc1 - PoAs Va
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
ersl 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-
First The notice was published without the
knowledge Of the Register.
~Second-The notice was not published In q
newspaper designated as published earestthe
Third--Record title was ound defective,
and
Fourth--A previous application had beeu
made for the same premises, which was with
drawn pending a suit in COURT commenced by
the adverse
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
tlnct portions of o claim, application Tor
patent may be made by either for that portion
Of the claim owned by him;b but where several
parties own undivided interests in 9 mining
claim all should join in an application Tor q
patent.
A person or association may purchase "a
many placer locations 40 the local law admits,
and embrace them all in one application Tor .
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
Q clause ts ins erted 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 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 elspse between the
frat and last insertions.
Where the Register d esignates the daily issue
of o newspaper fer publication of notices of Q
mining application for patent 1t 10 not 3 com
pliance with law TO change to the weekly edi.
zion of the same paper without authority Of
the Register.
The existence Of q salt spring on q tract OF
land withdraws 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.
OVERS CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t 10 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 II 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
during the period Of publication OF the sppii-
cation for the patent to be effective.
1t Is the duty Of the adverse claimant to
commenced suit in proper form within the re-
quired time, and II 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 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-
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
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 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 is essential to the
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 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-
posts.
Where valuable deposits of mineral are dis
covered upon o tract sitter the same 1as beer
entered 90 agricultural, but before I stent hal
may make application for patent for same
and the agricultural entry will be Cancelled Il
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant. they pas
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location ani
dispose OF 1t. provided he becomes o citizeI
before disposing Of the mine. Proof that tn,
party was not q citizen before ~disposing Of hi
claim must be afhrmatively shown.
Locators and intermediate owners, othe,
than applicants. will not be presumed aliens
In the absence Of allegation or objection prioi
to issuance of patent.
The portion of a mining claim sold to al
alien cannot be patented while such owner Il
an alien; but ON his- declaration to become
citizen his right dates back to his purchase
sud he may thereupon secure United StateI
| patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1855:
Where two or more lodges cross or ~intersec
each other, priority Of title shall govern. AM
such prior location shall be entitled to all or,
or mineral confined within the space of inter
section. but the subsequent location shall hav,
the right Of way through the space Of inter
section for the purpose Of the convenient
working Of the mine. And where two or nor,
| veins unite the oldest or prior location sh al
take the vein below the point Of union. in
GLIDING all the space of intersection.
UNNELs.
There Ia no authority of law for q tunno,
location 5000 by / 900 feet. A proper Location
Is the width OF the tuonel for 5000 feet.
There 10 no provision Of law for pstentinl
tunnel locations, but lodes discovered in run.
ming q tunnel may be patented In like name,
as other lodes.
The right is granted to tunnel owners N