Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-09
INFOR
.~...FoR....
OWNERS AND L0CAT0RS
....OF....
MI m ES.
APPLICATION FOR PATENT.

tAC IolOAug ~ q No ~
returned, but must be transmitted to the 9
ersl Land Once.
An application will be rejected when the de-
scription of the premises 10 erroneous or in
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 q
newspaper designated as published nearestth 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
boundaries OF the claim.
Where the claim was not located in accord
Hnce with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for TIL at 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 q
patent.
A person or association may purchase as
many placer locations a. the local law admits,
and embrace them all in one application for 9
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 Re-
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 all houses, buildings, structures, lots.
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee here
tn and all ri0hfa naraaaaru mr. nrnnaF IN fha
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 d~esignates the Tally issue
of q newspaper fer publication of notices of
| mining application for patent 1t is not q com
pliance with law to change to the weekly edi
tion of the same paper without authority Of
the Register.
The existence of 8 salt spring on q tract o.
land wtthdrsws 1t from the operation Of tn
homestead and presumption laws. A hearing
for the purpose of proving the agriculture
character Of such land is not allowed. Lane
containing valuable deposits of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate snt
4 tIu bkaluGb chCA 1PPAlCutIOn WhAN
It Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
CANNOT be Withdrawn. but becomes q part of tn
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace u larger per
ton of the premises than that described in tn,
original adverse claim.
An adverse claim must be made out IL
proper form and filed in the proper local ofic
during the period Of publication Of the sppli
cation for the patent to be effective.
1t is the duty Of the adverse laiman tC
commence suit in proper form within the re
Quired time, and IL he trusts the uncertain
medium Of the United States mail he mus
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the cor rupt 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, embody
Ing conclusions OF law, without stating tn,
facts specially, Will not be considered in evi
dence.
An adverse claimant should show o compli
ance with the local laws in recording hts CLAIM
and in regard to expenditures. and shall fle
copy of the original notice Of his location, ant
show the nature or extent Of the confic
alleged.
An allegation of parties to q suit that the,
compose the company is SUFFICIENT. and the!
are not required to prove that they are tn
original ~locstors or the Identical parties VIII,
present the adverse claim.
AGRICULTURAL OR MINERAL LASDs.
Where land is of little. If any value, for agri
cultural purposes, but is essential to tn
proper development Of mining claims, 4
should be disposed Of under the Mining Act,
Where lands containing valuable minera
deposits have been included in an agriculture
entry, said entry will be cancelled at any TIM
prior to issuance of patent, upon satisfsctor,
evidence Of the existence of such valuable de
posts.
Where valuable deposits of mineral are dis
covered upon 9 tract sitter the same 1as beer
entered as agricultural, but before I stent haI
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 SAT-
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beef
issued to an agricultural claimant. they pas
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location an,
dispose Of 1t. provided he becomes Q citize
before disposing OF the mine. Proof that tn
party was not q citizen before disposing of hi
claim must be afhrmstively shown
Locators and intermediate owners, othe
than applicants. will not be presumed aliens
In the absence Of allegation or objection prio
to issuance of patent.
The portion of q mining claim sold to q
alien ann be patented while such owner /
an allen; but on his declaration TO become
citizen his right dates back to his purchase
sud he may thereupon secure United State
patent for his claim.
CROSS LEDGE
Revised Statutes. Section 1885:
Where two or more lodges cross or intersec
each other. priority Of title shall govern, an,
such prior location shall be entitled to all or
or mineral contained within the space of inter
section. but the subsequent location shall hay,
the right Of way through the space of inter
section for the purpose Of the convenien
working OF the mine. And where two or NOR,
veins unite the Oldest or prior location shsl
take the vein below the point Of union, In
cludipg all the space of intersection.
TUNNELS.
There ia no authority of law for q 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 patentina
TUNE locations. but lodes discovered In run.
ming a tunnel may be patented In like manner
as other lodes.
IA - 49,