Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-19

Where the claim was not located in accord
Ince with law.
Where several parties own separate and dis
inct portions OF q claim, application for
ostent may be mad by either for IN at portion
the claim owned by him but where several
PARTIES w undivided interests in o mining
all should join in an application for a
)atent.
A person or association may purchase as
many placer locations a. the local law admits,
Ind embrace them all in one application for q
patent.
Two or more lodes cannot be embraced in
,ne application for a patent except for placer
claims embracing two or more lodes within
heir boundaries
Papers sworn to before any person purport-
Ing to act as O deputy for the Register and Re
,eiver cannot be recorded as evidences.
In all patents for mining claims situated
the interior boundaries of q town site
b clause Is inserted 'excepting and excluding
sl town property, rights upon the surface, |
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
not belonging 10 the grantee here
and all rights necessary or proper to the
possession and enjoyment OF the
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. and in daily
60 days must elapse between the
fret and last insertions.
Where the Register d esignAtes the d sily issue
Of a newspaper fer publication of notices of q
mining application for patent Ii Is not q COM
pliance with law to change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence OF q salt spring on 3 tract of
land withdrsws II from the operation Of the
homestead and prescription laws. A hearing
for the purpose Of proving the agricultural
character of ouch land IS not slowed. land
valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once Gled.
cannot be withdrawn, but becomes = part OF the
record.
When an adverse claim has been fled II can.
not be amended SO as to embrace q 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 hled In the proper local Off e
during the period Of publication 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-
Quired 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 suit be the result OF
the cor rupt or dishonest action OF his attorney.
the lnterier 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 Ia evil
dence.
An adverse claimant should show q compli.
ance with the local laws IN recording his clsim
and in regard to expenditures. and shall nile 8
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, and they
are not required to prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land ia of little. II any value, for sRri.
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 at any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence of such valuable de-
posits.
Whore valuable deposits of mineral are dis
covered upon a tract sitter the same ias been
en- tered as agricultural, but before I stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled "a
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
ceiyed In payment for claims.
ALIENS.
A foreigner may make q mining location
- " xkA 10
before disposing Of the mine. Proof that the
party was not q citizen before disposing of his
claim must be afirmstively 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 a mining claim sold to On |
alien cannot be patented whilo suoh owner Is
an alien; but on his declarations o become @
citizen his right dates back to his purchase, |
aud be may thereupon secure United States |
patent for his claim. |
CROSS LEDaEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersect
zach other, priority OF title shall govern, and
such prior location shall be entitled to all ore
or mineral contained within the space OF inter.
lection, but the subsequent location shall have
me right OF way through the space of inter-
'ection for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
AXE the vein below the point of union. In.
'luding all the space of intersection.
NNE
There is no authority of law for q tunnel
ocation 5000 by l 500 feet. A proper location
8 the width of the tunnel for 5000 feet.
Tnere 10 no provision Of law for patenting
unnel locations, but lodes discovered in run
ing a tunnel may be patented in like manner
IS other lodes.
The right is granted to tunnel owners to
900 feet of each blind lode, not previously
to exist, which may be discovered In
heir tunnel.
When a lode Is struck or discovered for the
rst time in running q tunnel the tunnel
wners have the option of recording their
lain OF 800 feet all ON one side Of the point
I discovery or intersection, or partly on one
lde thereof and partly on the other.
Prospecting for blind lodes IL prohibited
no line of a located tunnel while the tunnel
in progress, but other parties are In no way
from prospecting for blind lodes or
inning tunnels. SO long o. they keep without