Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-12-07
NFORMATIoN
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OWNERS AND L0cAT0RS
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MI L M - -
APPLICATION ron PATENT.

APPLICATION ron PATENT.
Where papers have once been filed with tho
Register and Receiver they become q part Of
the record, and can neither be- Withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected whom the
scription Of the premises IL erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
S~econd-The notice was not published in q
newspaper designated AZ published nearest 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 o suit Ia Court commenced by
the adverse claimant.
An application for patent will be rejected
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions OF . claim, application for
patent may be made by either for that portion
OF the claim owned by him; but where several
parties undivided interests in q mining
claim all should join In Gn application for q
patent.
A person or association may purchase Is
many placer location. as the local Law admits.
aud embrace them all In one application for =
patent.
1--WE or more lodos 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 set az q deputy for the Register and Re
ceiver cannot be recorded NJ evidences.
III sill patents for mining claims situated
within the interior boundaries Of = town site
. 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
provemonts 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 80 days.
Notice must be published 10 consecutive
weeks In weekly newspaper. and In daily
newspapers so days must elapse between the
hr-t and last insertions.
Where the Register deslgnates the daily issue
of y newspaper for publication of notices of .
mining application for patent IL 10 hot q COM
pliAnce with law 20 change TO the weekly edi.
tion OF the same paper without authority OF
the Register.
The existence Of o salt spring on . tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
character of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale O separate and
distinct claim against each application which
Il 10 alleged conflicts with The premises owned
by such adverse Claimant.
The papers IN an adverse claim, once hled.
canno. be withdrawn. but bscom % . part Of the
record.
When an adverse claim has been aled II can.
not be amended so ss to embrace o 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 filed In the proper local ofice
during the period OF public alton Of the appli.
cation for the patent " be effective.
1t ts the duty OF the adverse claimant c
suit in proper form within the re-
quired time, aid II he trasts ,he uncertain
medium OF tho United States mail he musi
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to III suit be the result OF
the cor tupt or dishonest action Of his attorney
the Interior Department cannot redress thu
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, ombody
ing conclusions Of law. without stating the
fActs specially. will NOS lie considered IN evil
dence.
An adverse claimant should show q compli.
ance with the local avs In recording his claim
and In regard to ex expenditures. and shall nile Z
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 IL sufficient. aud they
are not required to prove that they are the
original ~iocators or tue identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land IL OF little. II any value, for agri.
cultural purpose but IL essential TO the
proper development Of mining claims, "a
should be disposed Of under tho 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 vAlaable do.
posts.
Whore valuable deposits OF mineral are dis.
covered upon Q tract after the same mas been
entered as agricultural. but before I stent has
been issued, the parties claiming the mine
and the agricultural entry viii be cancelled Ia
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has boen
Issued to an Agricultural claimant, they pass
with tho patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A"AoABh'A Ihhy Mhac q MINING LOCATION
dispose of 1t. provided he becomes q citizen
before disposing OF tine mine. Proof that the
party was not . citizen before disposing OF hts
claim must bs afhrmatively shown.
Locators and intermediate owners, other
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 BIO patented while such owner 10
an alien; but on his declarationi o become Q
citizen hts right dates back to hts purchase,
aud he may thereupon secure United States
patent for his claim.
CRoss LRDaRs.
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 contained within the space Of inter.
section, but the subsequent location shall have
the right Of way through the space Of inter
section Tor 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.
~rUENELs
There is no authority OF law for q tunnel
location 5000 by 1900 feet. A proper location
tB the width of tha tunnai for 4 On0 faak-