Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-07-03
INFOR NATION
.~...FoR....
OWNERS AND LOCAT0RS
....OF....
MI u III g
APPLICATION FOR PATENT.

~ AhNoO hCO OOCh ~ ~ tuo
register and Receiver they become 9 part Of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Office.
An application will be rejected when the
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
oocond-Ihe notice was not published in q
ne"spaper designated IS published nearestthe
~Third-Record title was found defective,
fourth--A previous application had been
insoe Tor the same premises, which was with
the adverse claims ant
An application for patent will be rejected
when tne survey does not accurately define the
boundaries OF the claim.
Where the claim was not Iac.tad In sccord-
ance with law.
Where several parties own separate and dis
sinct poruohs oi q claim, application for
pateht may De maze 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 .
patent.
A person or association may purchase as
many placer locations as the local Law sdmits,
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced In
Oilc nppllChliOn hOT u patent except Tor placer
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 10 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 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 GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elBpse between the
first and last insertions.
Where the Register esignAtes the daiIy issue
Of Q newspaper fer publication Of notices of q
mining application for patent 1T 10 not q COM
pEance with law to change to the weekly edi-
tion of the same paper without authority of
the Register.
The existence OF q salt spring on q tract of
land withdrsws it 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 file q separate and
/ ulsUuct Claim against eacn 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 o part Of the
| record.
When an adverse claim has been filed 1t cam
not be amended so as 10 embrace q larger per-
tion OF the premises than that described In the
| original adverse claim.
An adverse claim must be made out in
proper form and hled In the proper local office
during the period Of publication OF the appli-
cation for the patent TO be effective.
1t is the duty of the adverse claimant o
commence 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
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 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 file 9
copy OF the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation OF parties to q suit that they
compose the company Is sufficient, and they
are not required to provo that they are the
original locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is of little, II any value, for Agri.
cultural purposes, but is essential 10 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 will be cancelled at any time
| DriOr to tRauanCa of patpnt nnnn aattafaNtnvv
evidence OF the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dis
covered upon q tract sitter the same aas been
entered as agricultural, but before I stent 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 on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re-
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose Of it. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing of hts
claim must be afirmativeiy shown.
1 L0cators and 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 such owner 10
an alien; but on his declaration to become 9
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 2,336:
Where two or moro 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 for 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
Guiding all the space Of Intersection.
TUNNELS.
There is no authority of law for q tunnel
location 5000 by 800 feet. A proper location
10 the width Of the tunnel for 5000 feet.
There 10 no provision OF law for patenting
tunnel locations, but lodes discovered In run
ming a tunnel may be patented In hke manner
as other lodes.