Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-10
MO NATION
....FOR....
OWNERS AND L0CAT0RS
...,OF....
MI l. M - .
APPLICATION FOR PATENT.

the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
eral Land Once.
| scription of the PREMISE 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
claim.
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
ance with law.
Where several parties W separate and dis
t.nct portions of q claim. application Tor
patent may be made by either for that portion
OF the claim owned by him; but where several
| parties own undivided interests in . 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
OhS ~ NV
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded ss evidence.
| In all patents for mining claims situated
within the interior boundaries of q town site
| q clause IL ins erted excepting and excluding
all tow 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
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, and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designates the d ally issue
of q newspaper fer publication Of notices VI y
mining application for patent 1t Is not q COM
pliance WITH law to change to the weekly edi'
ton Of the same paper without authority oi
the Register.
The existence Of o salt spring on q tract OF
land withdrAws 1t from the operation Of tht
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character of such land IL not sllowed Land
containing valuable deposits Of slate may bt
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse slain mt must Ale o separate and
distinct claim against each application which
1t is alleged conflicts With the premises owne
by such adverse
The papers In an adverse claim. once hled
cannot be withdrawn, but becomes q part Of thu
record.
When an adverse claim has been fled 1t can.
not be amended SO as to embrace a larger por.
ton of the premises than that described in the
| original adverse claim.
An adverse claim must be made out In
proper form and filed in the proper local office
during the period of public stion Of the appli'
cation for the patent to be effective.
1t Is the duty Of the adverse claimant TO
commence suit In proper form within the re-
CURED time, and II he trusts she uncertain
medium of the Uuited States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result of
the corrupto or dishonest action Of his stterney.
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 nle O
copy Of the original notice of his location, and
show the nature or extent OF the condic'
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are thu
original l~ocstors or the Identical parties whC
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land ia Of little, II any value, for agri
cultural purposes. but IL essential to ths
proper development of mining claims, II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
1 ~ have n I - H. - IA..-
entry, said entry will be cancelled ss 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 . tract sitter the same ias beer
entered as agricultural, but before l stent hal
been Issued, the parties claiming the min,
may make application for patent for same
and the agricultural entry viii be cancelled &
that portion Of the land embraced by SAID
mining claim.
Where mineral deposits are discovered OF
agricultural lands sitter the patent has beer
issued to an agricultural claimant. thoy pas
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
foreigner may make q mining location ant
dispose OF It,. provided he becomes q either
before disposiDg OF tine mine. Proof that tn
party was not a citizen before disposlng Of hi
claim must be afhrmatively shown.
Locators and intermediate owners, othe
than applicants, will not be presumed aliens
in the absence VI allegation or objection prio
to issuance Of patent.
TIL portion of q mining claim sold to ai
alien cannot be patented while such owner Il
an alien; but on his declaration 10 become
citizen his right dates back to his purchase
.ud he may thereupon secure United State
patent for his claim.
CROSS LEDGEs
Revised Statutes. Section 1885:
Where two or'more led ges cross or intersec
each other, priority of title shall govern. AM
such prior location shall be entitled TO ali or,
or mineral cont lined within the space of inter
section. but the subsequent location shall hsv,
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 oldett or prior location shal
take the vein below the point Of union. in
GLIDING all the space OF intersection.
Il TUNNELS.
There Is no authority of law for a tunne
location 5000 by 900 feet. A proper Location
is the width OF the tunnel for 5000 feet.
There is no provision OF law for patentinf
tunnel locstions, but lodes discovered in mn
ming a tunnel may be patented In like name,
as other lodes.
Tha rioht IA oranfad m fuppat o-.u-