Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-06-27
INFoR NATION
.~...FoR....
OWNERS AND L0cATOBs
s.
APPLICATION FOR pArrsr

Daa;P opols nave once been filed win A.
REGISTER ami Receiver, they become "nn The
the record, and can neither he witSs part Of
returned, but must be transmitted 10 ~ nor
eral Land Office. y the Gen.
An application will be rejected vban
scrlptlon Of the premises 10 erroneons
cause: W 'eJected b.
First The notice was published p,n.
knowledge of the Register. "i'noutthe
oecond-1he notice was not publ,oh.s
newspaper designated as published nes,oma
Third-Record title was found a.,..
Fourth-,A previous application had
made Tor the same premises. which ~ ~ oeen
drawn pending u suit in Court commsnss WIN
the adverse claim ant. enoed by
An appiicstion for patent will be reisc,.,
wnen the survey does not accurstelv dassyoetea
boundaries OF the claim, Uennet ne
where the claim was not located in .coo.,
ance with law. sccofd.
Where several parties own separate ma a..
tinct portions VI q claim, appilc.tinu US
patent may DC made by either for tn Al no,.ioa
OF the claim owned by him: but whera soaaNaoa
parties own undivided interests in : ro',elsi
claim sli should join in an applicatIon HauAs
patent. iW
A person or association may pprcb.s..
many placer locations ss the local law .Smua
and embrace them all in one application 70,
patent.
Two or more lodes cannot be- emhr.o.,
one Application for a patent except for plscs,
claims embracing two or more lodes vi,s,a
their boundaries. "u
Papers sworn to before any person pn,no,,.
ing 10 act "a q deputy Tor tho Register and RI.
ceiver cannot be recorded as evidence
In all patents for mining Claims sl,r,.,
within the interior boundaries of a town ~.
q clause Is ins erted excepting and ercinains
all town property, rights upon the su,fsss
and all houses, buildings. structures. los
blocks, streets. alleys or other municipal IA
p~rovements not belonging to the grantee hes
in, and all rights necessary or proper 10 m.
occupation, possession and enjoyment Of N,
same"
Publication Of notice must be made n o,,v
one newspaper for the period Of co DAYS,
Notice must be published 10 eonsecu,jva
weeks IN weekly newspapers, aud In dsilv
newspapers 60 days must elapse between ,bss
frat INT last insertions.
Where the Register designAtes thedIly issue
Of q newspaper for publication Of notices ~ a
mining application for patent ii is Lot a com.
pliance with law TO change 10 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 thu
homestead and presumption laws, A hearing
for the purpose Of proving the agricultural
character Of such land IL not allowed. Land
containing valusble deposits Of slate may b
entered under the mining Acts.
OVERS oLAIMs.
Adverse claimants must Ole & separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be Withdrawn. but become ed q part Of the
record.
When an adverse claim has been hled II can
not be amended so az to embrace a larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont Ia
proper form and flied in the proper local Office
during the period of publicA alton Of the sppli.
cation for the patent to be effective.
1t Is the duty Of the adverse claimant o
commence suit in proper form within the re-
CURED time, and If he trusts the uncersAin
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 orFupt or dishonest action of his attorney,
the Interior Department cannot redress tbs
wrong.
An adverse claimant should set forth In de-.
tail the facts upon which he bases his adverse
claim. A statement in general terms, emb0dy
ing conclusions Of law, without stating tue
facts specially, VIII not be considered In eyi.
dence.
An adverse claimant should show a oompl.
ance with the local laws in recording his claim
and in regard to expenditures, and shall ME 4
copy of the original notice OF his location, and
show the nature or extent OF the confie.
alleged.
An allegation of parties to a suit that tsey
compose the company is sufficient, and they
are not required TO prove that they are thu
original ~l0cators or the Identical parties who
present the adverse claim.
AGRICULTURAL OF MINERAL LANDS.
Where land is OF little, II any value, for serl'
cultural purposes, but is essential to the
proper development OF mining claims. 1t
should bs disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be Cancelled az any time
prior to issuance Of pstent. upon satisfactory
evidence Of the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dis
covered upon q tract otter the SAM tas been
en- ,ered as agricultural. but before ] stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 70
that portion OF the land embraced by sAa
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has Oeeh
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived in payment for claims.
ALIENS.
foreigner may make r mining location ana
dispose OF 1t. provided he becomes . eit'zsn
before disposing OF the mine. Proof thai tIe
party was not q citizen before disposing OF h'
claim N hi be afirmatively shown. -
Locators and intermediate owners, otnei
than applicants, will not be presumed aliehs,
In the absence of allegation or objection prior
to issuance OF pstent.
The portion of q mining claim sold TO ~
alien cannot be patented while such owner Is
an alien; but on his declaration 10 become :
citizen his right dates back to his purchase,
aud he may thereupon secure United s'S'S'
patent for hts claim.
Ros LEDoEs.
Revised statutes. Section 1886: i,
Where two or more lodges cross or intefse',
each other, priority Of title shall govern, Apa
such prior location shall be entitled to an os
or mineral contained within the space OF iva iva
section. but the subsequent location shsi. =
the right Of way through the space OF i n.r'
section for the purpose OF the oonse lava
working OF the mine. u where two or lrh.i,I
veins unite the Oldest or prior locsuon a..
take the vein below the point OF unlon' "
Guiding all the space OF intersection
N
There Is no authority Of law for . .ua aion
location 5000 by 1900 feet. A proper ioos"OA
is the width Of the tunnel for 5000 fee.. urs
There 10 no provision OF law for paten nm
tunnel locations, but lodes discovered lar
ming a tunnel may be patented III ike