Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-04
INEOR
....FoR....
OWNERS AND L0CAT0RS
....oF,..-
MI L III T. . .
APPLICATION FOR PATENT.

49, hANJ
the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
eral Land Once.
An appncation will be rejected when the de.
scription Ut the premises IL 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 a
Newspaper designated rs 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.
dawn pending q suit in Court commenced by
the adverse
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
ance with law.
Where several parties own separate and dis
tinct portions of q claim. application for
patent may be made by either for tn 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 as the local law admits.
and embrace them all in one application for q
patent.
Two or more lodes cannot be embraced in
one application for a patent except for plscer
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 ia in erted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks. streets, alleys OF 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 he published 10 tonsecutiv,
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between tn,
first and last insertions.
Where the Registerdesignates the daily issu'
Of q newspaper for publication of notices of
mining application for patent 1T IL not a com
pliance with law to change to the weekly edi
tion of the same paper without authority O.
the Register.
The existence Of 9 salt spring on q tract o.
land withdrsws it from the operation of tn
homestead and presumption laws. A hearing
character OF such land Is not allowed. LAM
containing valuable deposits Of slate may b.
entered under the mining Acts.
| ADVERSE CLAIMS.
Adverse claimants must file q separate AM
| distinct claim against each application which
1t Is alleged conflicts with the premises owneC
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes y part OF tn
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace q larger per
ton OF the premises than that described in tn,
original adverse claim.
| An h6V4rRa claim mnHf hn made ont III
proper form and filed in the proper local offic
during the period of publication OF the sppli
cation for the patent to be effective.
1t ia the duty OF the adverse claimant &c
commence suit in proper form within the re
quired time, and If 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 resll oil
the corruption 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 thu
facts specially, will not be considered In evi
dence.
An adverse claimant shout show 8 compli
ance with the local laws In recording his CLAIM
and in regard to expenditures. and shall ME
copy of the original notice OF his location. ant
show the nature or extent of the confic
alleged.
An allegation of parties to a suit that the,
compose the company ts sufficient, and the,
are not required to prove that they are tn
original ~locators or the identical parties WHIT
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value. for agri
cultural purposes, but is essential to tn
proper development of mining claims, 4
| ah0ntd ha dfanaaad of 1ndar fha Mining lot
Where lands containing valuable minera
deposits have been included in an agriculture
entry, said entry will be Cancelled Ut any tim,
prior to issuance Of patent, upon satisfactor!
evidence OF the existence of such valuable de
posits.
Where valuable deposits of mineral are dis
covered upon u tract after the same mas beer
entered as agricultural, but before / ,tent hs
been issued, the parties claiming the min
may make application for patent for same
and the agricultural entry will be cancelled l.
that portion of the land embraced by sait
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beei
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 a mining location an,
dispose OF 1t. provided he becomes q citizel
before disposing OF the mine. Proof that tn
party was not y citizen before dispos.ng Of hi
claim must be afirmatively shown.
Locators and intermediate owners, othe
than applicants, will not be presumed aliens
In the absence Of allegation or objection prlo
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
sud he may thereupon secure United State
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1856:
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 confined within the space of inter
section. but the subsequent location shall hsy,
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 olde-t or prior location shsl
take the vein below the point Of union. In
| GLIDING all the space of intersection.
TUNNELS
There Ia no authority of law for a tunne,
location 5000 by / 500 feet. A proper Location
Is the width of the tunnel for 5000 feet.
There 10 no provision OF law for pstentinc
tuunel locations, but lodes discovered In run.
ming a tunnel may be patented In like manner
as other lodes.
The right is granted to tunnel owners 10
800 feet of each blind lode, not previously