Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-18

Where several parties own separate and dis
ttnct portions of q claim. application for
patent may be made by either for nat portion
of the claim owned by him; but where several
parties own undivided interests in q mining
claim all should join in an application for a
patent.
many placer locations as the local law admits.
and embrace them all in one application for a
patent.
Two or more lodes cannot DO 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 q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of a town site
g 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 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 elapse between the
frat and last insertions.
Where the Register esignates the daily issue
of a newspaper fer publication of notices of q
mining application for patent it is not q COM
ptlhuIt 1 INV w ShuAkB W buo MCEhAt Coi
ZION of the same paper without authority OF
the Register.
The existence OF q salt spring on a 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.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim agAinst each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be Withdrawn, but becomes g part Of the
record.
When an adverse claim has been aled IL can.
not be amended so as TO embrace u larger per
ton of the premises than that described In the
| original adverse claim.
An adverse claim must be made ont in
| proper form and hled in the proper local Office
during the period of publication OF the appli.
cation for the patent to be effective.
1t Is the duty Of the adverse claimant 0
commence 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 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, ernbody.
ing conclusions Of law, without stating the
facts specially, Will not he considered Ia 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 hle 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 suft that they
1 HOfnnnaa thu CQmnanU IA Qnfaofant and &ho8
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 agri.
cultural purposes, but is 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 at any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable de.
posits.
Where valuable deposits of mineral are dis.
covered upon a tract after the same sas been
entered as agricultural, but before stent has
been Issued, the parties claiming tho mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
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 foreigner may make a mining location
dispose Of 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing Of hts
claim must be afirmatively shown.
| LOcAtOrg and iQtermadiata owpara othar
than 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 Ia
an alien; but on his declaration o become a
citizen his right dates back to his Purchase,
qua ne may thereupon secure United States
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 2.336:
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 contsined within the space of inter-
secuon. 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
Guiding all the space of intersection.
NNE
There is no authority of law for a tunnel
location 5000 by l 800 feet. A proper location
ID the width of the tunnel for 5000 feet.
There ts no provision OF law for patenting
tunnel locations, but lodes discovered in run
ming a tunnel may be patented In like manner
as other lodes. |
The right Is granted to tunnel owners to
i,o00 feet OF each blind lode. not previously
known to exist, which may be discovered in
their tunnel. |
When a LODI is struck or discovered for the
hrst 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 tunnel
is in progress, but other PARTIES are in no way