Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-21
INFOR NATION
.~...FoR....
OWNERS AND L0cATORs
....oF...
MI ES.
APPLICATION FOR pArrur

returned, but must be transmt,tad ~ .swn nor
erAl Land Once. '"e uen-
An application will be rejected ybsn ,b.
sutrptlon OF the premises Is erroneous or IN.
cause: A''es'eo De-
First The notice was published wi.hor,, a..
knowledge of the Register.
S~econd-The notice was not nubtshn,
claim. stthe
Third--Record title was found dsfse,,v.
aud NoieouVe,
Fourth-,A previous application had bse,
made Tor the same premises, which w.. ~
drawn pending q suit in Court commsnoas vs.
the adverse claimant. W
An application for patent will Ia xo;...
when the survey does not accurately des"s ~
boundaries OF the claim. ~
Where the claim was not iaestad tn -.
ancs with law. u'
Where several parties own separate and d,s.
tinct portions Of \ claim, spplication 80.
patent may be made by either for to at portion
VI the claim owned by him; but where sovs,.i
parties own undivided interests in ! ,nindna
claim all should join In an application for :
patent.
A person or association may purcb.sa.
many placer locations 80 the local law admits.
and embrace them all in one application for !
patent.
Two or more lodes cannot be embraced q,
one application for a patent except Tor place,
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person nnvno,t.
ing to act IS a deputy for the Register and ke.
ceiver cannot be recorded ~ evidences.
In all patents for mining claims SITUATED
within the interior boundaries OF a town sits
clause is in' erted excepting aud excluding
all town property, rights upon the surface
and ell houses, buildings, structures, lots
blocks. streets, alleys or other municipal i'm.
proyements not belonging to the grantee here.
in, and si rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice Iaust be made n only
one newspaper for the pesiod Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 90 days must elApse between the
frat and last insertions.
Where the Register designAtes the all issus
of . newspaper fer publication Of notices Of
mining application for patent IL Ia not q com.
pliance with law TO change to the weekly edi.
tion Of s..c same paper without suthority Of
| the Register.
The existence Of q salt spring on 3 tract Of
land withdrAws 1t from the operation Of tie
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 DO
entered under the mining Aots.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim hgAinst each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The ape In an adverse claim, once hled,
cannot be Withdrawn, but become 90 . part Of the
record.
When an adverse claim has been filed II can.
not be amended 80 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 ofic
during the period Of publication Of the Appli
cation for the patent to be effective.
1t is the duty Of the adverse claimant Il
suit In proper form within the re
quiret time. and II he trusts lhe uncertain
medium of the United States mail ae must
abide the consequences, should the delsy
ensue, through misfortune or accident. Should
the failure ~ suit be the result Of
the cor fupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In do.
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 10 eyi.
denee.
An adverse claimant should show 9 compli.
ance with tue local laws In recording his claim
and in regard to ex Expenditures. and shall file .
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 10 sufficient. aud they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
%ULT OR MINERAL Lands.
Where land is Of little, II any value. for sgri.
cultural purposes, but 10 essential to the
proper development OF mining clsims. 1t
should be disposed of under the Mining Act,
Where lands containing valuable mineral
depcsits 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 vslssble de-
posits.
Where valuable deposits OF mineral are dis
covered upon a tract sitter the same tss been
en- Tered AZ agricultural. but before ] aent has
been issued, the parties claiming the mine
may make application for patent for same,
aud the agricultural entry will be Cancelled t.
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 re.
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF II. provided he becomes Q citizen
before disposing OF the mine. Proof that the
II Ne1 ~ =
claim must be afirmatively shown.
Locstors and intermediate owners. other
tn an applicants. will not be presumed aliens.
in the absence of allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner 10
an alien; but on hts declaration to become .
citizen his right dates back to hts purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1855:
Where two or more led ges cross or intersec!t
each other, priority of title shall govern, ana
such prior location shall be entitled to ell orc
or mineral Confined within the space OF inter-
section. but the subsequent location shslihsse
the right of way through the space OF ihwI.
section for the purpose Of the conveniens
working of the mine. And where two or moIs
veins unite the Oldest or prior location shs'
take the vein below the point OF union' IN
GLIDING all the space Of intersection.
rUNNELs
There is no authority OF law for tunnei
location 5000 by 800 feet. A proper iocA"on
is the width OF the tunnel for 5,OUO ieet.
There IL no provision of law Tor ps.ensns
tunnel locations, bat lodes discovered III an
n ng Q tunnel may be patented In IKE mAnn''
"a other lodes.
The right is granted to tunnel owners y
/ 500 feet of each blind lode. not presiot21