Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-11-14
APPLICATION FOR PATENT.

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 o claim, application for
patent may be made by either for that 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 a
pstent.
A person or association may purchase as
many placer locations az the local law admits,
and embrace them all in one application for o
patent.
Two or more lodes cannot be embraced in
one application for a patent except for placer
claims IL 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 Ms evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
q 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
provements not belonging TO the grantee here
In, and ell 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 GO days must elRpse between the
fret and last insertions.
Where the Register designstes the dAily issue
Of a newspaper fer publication Of notices of .
mining application for patent IL IL 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 q tract Of
land withdrsws II from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land is not allowed. Land
| containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale 9 separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
| by such adverse claimant.
The papers in an adverse claim, once hled
cannot be withdrawn. but becomes part of the
record.
When an adverse claim has been filed 1t can.
not be amended 80 AZ to embrace a 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 office
during the period of publication Of the sppli-
cation for the patent to be effective.
1t is the duty of the adverse claimant 0
suit in proper form within the re-
quired time, and II he trusts The uncertain
medium of the United States mail he must
abide the consequences. should the delay
ensne, through misfortune or accident should
the failure to suit be the result of
the orrupto or dishonest action OF his attorney.
N.O 80"
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 a compli-
ance with the local laws in recording hts claim
and in regard to expenditures, aud shall nle y
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to a suit that they
compose the company is 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 LAsDs.
Where land is of little. II any value, for agr,.
cultural purposes, but is essential TO the
proper development Of mining claims, 1t
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 81 any time
prior to issuance OF patent. upon satisfactory
evidence OF the existence OF such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon q tract after the SAINT ias been
entered as agricultural, but before I atent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered Oh
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose Of 1t. provided no becomes o citizen
before disposing OF the mine. Proof that the
/ marty Waa nnf "A Qftf1an hAfOpo 6faDoulnn 80 hta
claim must be afirmstively shown.
Locators ana 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 be patented while suoh owner 10
an allen; but on his declarationi o become a
aud he may thereupon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1855:
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
GLIDING all the space of intersection.
TUNNELS.
There is no authority OF law for a tunnel
location 5000 by 500 feet. A proper location
Is the width of the tunnel for 5000 feet.
There is no provision OF law for patentfng
tunnel 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 to
800 feet of each blind lode. not previously
known to exist, which may be discovered In |
their tunnel.
When a lod is struck or discovered for the
first time In running q tunnel the tunnel
owners have the option of recording their
claim Of 500 feet all on one side OF the point |
of discovery or intersection. or partly on one
side thereof and partly on the other.
Prospecting for blind lodes is prohibited
the line of a located tunnel while the tunnel
Is In progress. but otter parties are In no way
debarred from prospecting for blind lodes or
running tunnels. so long as they keep witho ut
the line of such tunnel. D16tf :