Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-09-23
lNFoR NATION
.~'..FoR....
OWNERS AND LOcATORs
....oF....
MI ZINES.
APPLICATION FOR pArryr

the rerord Seel'er they become a no.,
eral Land Once. ni''ed to the Gen
An application will be reiectea Oh,
sc.ap.ion OF the premises is errona en she
Application for patent will be ,e,so,.,
First The notice was published with.
Anowiedee Of the Register. "''uoutthe
Soeono-ihe notice was not pubI,shaa
cissmp designated ss published nsare. ~ ! :
and ah'ra-hso0rd title was found defective.
Fourth--A previous application -,
made for the same premises. whjch nad been
ufsWn penang u suit in Court comr"as with
the adverse claimant, "enced by
an application for patent will ba ro,
wnen the survey does not accurately d as!ye
boundaries OF the claim, ueuhe the
Where the claim was NOT lac..o
ance with law. u accord.
where several parties own separs,o
sihct portions VI = claim, sppI,e.su's us
pateut may De made by either for tas. ior
ot the claim owned by him; but vhsr PORTION
parties W undivided interesta in several
patent. Auon Tor q
A person or association NAV nr-o
many placer locations as the local law sS~ 80"
and embrace them all in one application Ia.l'
patent. iu
Two or more lodes cannot be embr,,.,, :.
one application for q patent except for nS = : -
their boundaries. ""ia
Papers sworn to before any person nn,r,..
ing to act as q deputy for the Register sns ~
ceiver cannot be recorded as evidence
In all patents for mining claims si,u.,.,
within the interior boundaries OF a town 49,
q clsnsei 10 inherited excepting and ersIns,n,
ali town property, rights upon the surfses
and all houses, buildings, Structures io,s'
blocks. streets, alleys or other municinsl az
provements not belonging to the grantee bs,a.
In. and all rights necessary or prone, 10 ~
occupation, possession and enjoyment Of ths
sAme.'S "o
publication OF notice must be made a oply
one newspaper for the period OF 60 days.
Notice must be published 10 consscutivs
weeks in weekly newspapers, and in dsuv
newspapers 90 days must slapse between NJ
fret and last Insertions.
Where the Register d esignates thedsllyissps
OF q newspaper for publication of notices Of !
mining application for patent IL is not A com.
plisnce with law 10 change TO the weekly sdl.
ton OF the same paper without authority o.
the Register.
The existence Of o salt spring on q tract NJ
land withdrsws 1t from the operation u 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 bs
entered under the mining Acts.
ADVERSE oLAIas.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
Tit papers In an adverse claim, once hled.
cannot be withdrawn, but becomes = part Of the
record.
When an adverse claim has been fled 1t can.
not be amended 80 as to embrace a larger pr.
ton OF the promises than that described in the
original adverse claim.
An adverse claim must be made out Ia
proper form and hied in the proper local oace
during the period of publication Of tie sDpIL
cation for the patent TO be effective.
1t is the duty Of the adverse claimant
commence suit in proper form within lie 10
quired time, and IL he trusts lhe uscsftlB
mediam of the United States mail b. must
abide the consequences. should The deg
ensue, through misfortune or accident Should
toe failure to commence suit be the ressid
the cor rupt or dishonest action of his sttsrnsy,
the interior Department cannot redress TIE
wrong.
An adverse claimant should set forth ID d..
tail the facts upon which he bases his adyerse
clsim. A statement in general terms, embOdy.
ing conclusions Of law, without stating the
facts specially, will not be considered 10 eh.
dence.
An adverse claimant should show q comph.
ance with the local laws IN recording his clsm
and In regard to expenditures. and shall nls.
copy of the original notice Of hts location, and
show the nature or extent OF the eona.a
alleged.
An allegation Of parties to q suit that trey
compose the company 10 sufficient, aud ihtJ
are not required to prove that they are tas
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL DR. MINERAL LANDS.
Where land is Of little, If any value, for agrl.
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 viii be Cancelled atany ume
prior to issuance Of patent. upon satisfactory
posts. -
Where valuable deposits of mineral are ds.
covered upon a tract after the same is pesn
en- tered as agricultural. but before J sen' ~
been issued, the parties claiming the MIN
may make application for patent for sams,
and the agricultural entry will be cancelea
thai portion Of the Ian embraced oy sa
mining claim.
Where mineral deposits are discoverea On
agricultural and after the patent mas pesa
issued TO an Agricultural claimant, they p"'
with the patent.
Agricultural College scrip cannot DO
ceived In payment for claims.
ALIENS.
foreigner may make 6 mining location
dispose OF 1t. provided he becomes . CIV.
before disposing of the mine. PROOF thmrr
party was not q citizen before disposinB "
claim must be Afiirmatively shown. AM,
LQcators and intermediate owners' w. ~
han applicants, will not be presumed ai La,
In the absence Of allegation or obJecuoh ""
to issuance Of patent. NAN
The portion of a mining claim solu n
alien cannot be patented while suoh ownei
an alien; but on his declarattoni o Deeom
citizen his right dates back to his pu'o oas,s,
aud he may thereupon secure United 0""'
patent for his claim.
CROSS EDGES.
Revived Statutes. Section 1885: -..,,
Where two or more lodges Cross or in'o.na
each other, priority Of title shall eovornii are
such prior location shall be entitled 70 ntsr.
or mineral cont. ined within the spaceoi s.va
section, but the subsequent location SnsN in,sr.
the right Of way through the space anient
section for the purpose Oh the ~ more
veins unite the Oldest or prior locauon' IN.
take the vein below the point OF uni0"'
Guiding ell the space Of tntersectfon'
TUNNELS.
There Ia no authority of law ior = s..,on
5000 by j, 800 feet. A paoPea
IN the width of the tunnel for s,oVo snting
There 10 no provision OF law III in run.
tunnel loo ations, but lodes discos NJ manner
n a tunnel may be patcn'eo
~ Utner i1us e. or.nted TO tunnsl owners