Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-03
INFOR NATION
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OWNERS AND L0CAT0RS
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MI M E q .
APPLICATION FOR PATENT.

Wnef DuptrB HIVE OnC6 Ut6H HICU WIFI EHU
Register and Receiver they become a part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Ofice.
An application will be rejected Hnen the de-
scription of the premises is erroneous or in
sufficient.
Application for patent will be rejested 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 nearestthe
claim.
Third-Record title was found defective,
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 own separate and dis
t!nct portions of a claim. application for
pateut may be made by either for tn at portion
OF the claim owned by him; but where several
parties own undivided interests in o mining
claim all should join In an application for =
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.
lHO - Oi NhAhOt ~ % 80
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person pur2ort-
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 is In, erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal Inn
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 elapge between tht
fret and last insertions.
Where the Register designAtes the daily Issue
of a newspaper for publication Of notices Of
mining application for patent 1t is not q 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 a tract Of
land withdrsws it from the operation Of th'
homestead and presumption laws. A hearing
for the purpose of proving the agriculture
character Of such land 10 not allowed. Lant
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate ant
distinct claim against each application which
1t Ia alleged conflicts with the premises ownet
by such adverse laimRnt
The papers In an adverse claim, once filed
cannot be Withdrawn. but becomes 9 part of thu
record.
When an adverse claim has been fled It can
not be amended SO az to embrace 9 larger per
tion of the premises than that described in tht
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local oftic
during the period of publication Of the appi'
cation for the patent to be effective.
1t is the duty of the adverse claimant &c
commence suit in proper form within the re-
!. CURED time, and II 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 commence suit be the result Of
the corrupt or 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 hisadvers'
claim. A statement in general terms, embody
ing conclusions Of law, without stating tn
facts specially. will not be considered 10 eyi
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
copy Of the original notice OF his location, an
show the nature or extent OF the conhic
alleged.
An allegation of parties to a suit that the
= compose the company 10 sufficient, and the,
are not required to prove hat they are Tia
original ~locAtors or the identical parties VIII
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
D Where land is of little, If any value. for agri
cultural purposes, but Is essential to tn
proper development of mining claims, 1
n should be disposed OF under the Mining Act.
Where lands containing valuable minera
deposits have been included in an agriculture
entry, said entry will be Cancelled at any tim
prior to issuance Of patent, upon satisfsctor
evidence OF the existence of such valuable d.
posts.
Where valuable deposits of mineral are dill
covered upon q tract sitter the same ass bee
entered as agricultural, but before ] stent ha
"A been issued, the parties claiming the min
may make application for patent for ssm'
and the agricultural entry Will be Cancelled I
that portion of the land embraced by sal
mining claim.
Where mineral deposits are discovered o
agricultural lands after the patent has bee
Issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be r.
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location an
! dispose Of 1t. provided he becomes q citize
J, before disposing Of the mine. Proof that ii
parry wa uot Cltlzeu DeIOre ulBpOBI nB OF a
claim must be affirmatively shown.
Locators and intermediate owners, 9th,
T. than applicants, will not be presumed alien
in the absence of allegation or objection prit
o to issuance Of patent.
y The portion of q mining claim sold to q
alien cannot be patented while such owner
y an alien; but on his declaration to become
3 citizen his right dates back to his purchas
sud he may thereupon secure United STATE
~ patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1885:
Where two or more lodges cross or interse,
each other, priority Of title shall govern, an
such prior location shall be entitled to all O,
or mineral Confined within the space of int
section, but the subsequent location shall hs,
= the right Of way through the space Of int
Z section for the purpose Of the converter
working of the mine. And where two or no,
= veins unite the olde.t or prior location sha
take the vein below the point OF union. Il
Z Guiding all the space of intersection.
II NNE
III There is no authority of law for a tunn,
: location 5000 by 800 feet. A proper locatio
z is the width of the tunnel for 5000 feet.
There 10 no provision OF law for patentip
, tunnel locations, but lodes discovered In ruI
ming a tunnel may be patented In like mann