Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-03
INFOR
....FOR....
OWNERS AND L0CAT0RS
....OF....
i III - /.
APPLICATION FOR PATENT,


sufficient.
application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in a
Newspaper designated as published nearestt the
claim.
Third-Record title WAS found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending a suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
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 that 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.
A person or association may purchase as
many placer locations AZ the local law admits,
and embrace them all in one application for a
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 He
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
q clause is ins erted excepting and excluding
all town property, rights upon the surface,
and sill 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, aud in daily
newspapers so days must elspse between the
frat and last insertions.
Where the Register designates the daily issue
Of a newspaper for publication of notices of Q
mining application for patent 1t Is not q COM
pliznce WITH law to change to the weekly edi-
ton of the same paper without authority Of
the Register.
The existence OF o salt spring on q tract of
land withdraws it from the operation Of the
homestead and presumption laws. A hearing
character of such land Ia not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file a separate and
distinct claim against each application which
1T is alleged conflicts with the premises owned
by such adverse claimant.
Ii RdpcIb j Ii all duFtTbo Clhlut OuCo Hltu,
cannotbe Withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed 1t can.
not be amended SO as'fo embrace a 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 flied in the proper local office
during the period of publication OF the sppli-
cation for the patent to be effective.
1t is the duty OF the adverse claimant TO
arn stNa am q anti In NM faaVn \ Nba 20
CURED time, and If he trusts the uncertain
medium of tho United States mail he must
abide the consequences, should the delay
ensne, through misfortuneo or accident. Should
the corrupto 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 nile d
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 is sufficient, and they
are not required to prove that they are the
w."
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, II
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 &C 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 same 1as beer
entered as agricultural, but before / itent hal
been Issued, the parties claiming the min
may make application for patent for same
and the agricultural entry will be Cancelled t.
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered OIL
agricultural lands after the patent has beer
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 ant
dispose OF 1t. provided he becomes q either
before disposing OF tine mine. Proof that thu
party was not q citizen before dispos!ng of hi
claim must be afrmstively shown.
Locstors and intermediate owners, othel
tAhh wa lot OC hlttIB
in the absence Of allegation or objection priol
to issuance Of patent.
The portion of a mining claim sold to al
alien cannot be patented while such owner II
an alien; but on his declaration to become
citizen his right dates back to his purchase
iud he may thereupon secure United StateI
patent for hts claim.
CROSS LEDaEs.
Revised Statutes. Section 2,336:
Where two or more led ges cross or intersec
each other, priority Of title shall govern. snt
such prior location shall be entitled to all or,
or mineral contained within the space OF inter
section, but tho subsequent location shall hsv,
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 shall
take the vein below the point OF union, in
GLIDING all the space of Intersection.
UNSELs
There 10 no authority OF law for a tunne]
location 5000 by / 800 feet. A proper location
is the width of the tunnel for 5000 feet,
There is no provision Of law for ~patentinp
tunnel locations, but lodes discovered in RIM,
ming a tunnel may be patented In like manner
as other lodes.
The right is granted to tunnel owners TO
| 800 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
first time in running q tunnel the tunnel
owners have the option of recording tba,r