Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-05
INFOR
....FOR....
OWNERS AND L0CATORS
....oF....
MI m E . .
APPLICATION FOR PATENT.

| the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen-
eral Land Ofice.
scription of the premises 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
new spaper designated as published nearestth the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending o 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 wi separate and dis
tinct portions of q claim, application for
| patent may be made by either for tina 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 a
patent.
A person or association may purchase ss
many placer locations as the local law admits,
| and embrace them all In one application for o
patent.
Two or more lodes cannot be embraced in
Ouo nppAiChtiOh hPhtcut O2OcPb vi PteS
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 is Inserted 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 n only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 80 days must elapse between tbs
first and last insertions.
Where the Registerdesignates the d ally ISSUE
of a newspaper for publication of notices of
mining application for patent 1t Ia not q com
pliance 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 o tract Of
land withdrsws 1t from the operation of thu
homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character Of such land is not allowed. LANE
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
ADVERSE CIhlmhntb must ME D separate ant
distinct claim sgainst each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers IN en- adverse claim, once filed
cannot be withdrawn, but becomes g part of thu
record.
When an adverse claim has been filed 1t can
not be amended 80 as to embrace q larger per
ton of the premises than that described in the
original adverse claim.
An adverse claim must be made ont in
l rnnar f.rrn and AIa1 In Nhn rara local nf1 RI
during the period Of publicst ion Of the sppli'
cation for the patent to be effective.
1t is the duty Of the adverse lsfman to
commence suit in proper form within the re-
quired time, and IL 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
snce with the local laws in recording his claim
and in regard to expenditures. and shall nle
cory Of the original notice of his location, anC
show the nature or extent Of the oonfic'
alleged.
An allegation Of parties to a suit that the,
compose the company 10 sufficient, and the!
are not required to prove that they are thu
original ~locators or the identical parties whs
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of little, If any value. for agri
cultural purposes, but Is essential to tn
proper development Of mining claims, 4
should be disposed Of under the Mining Act,
/ Whara tanha containing vnluah1a TntnnRa
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 de
posts.
Where valuable deposits of mineral are dis
covered upon Q tract after the same aas beer
entered as agricultural, but before I stent ha
been issued, the parties claiming the min
may make application for patent for same
and the agricultural entry will be cancelled I,
that portion Of the land embraced by ssit
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beef
issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be re
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location an
dispose of 1t. provided he becomes a citize
before disposing OF the mine. Proof that tn
party WAS not q citizen before disposing Of hi
claim must be afhrmatively shown.
Locstors and intermediate owners, othe
than applicants. will not be presumed aliens
In the absence Of allegation or objection prio
to issuance of patent.
The portion Of q mining claim sold to q
alien cannot be patented while such owner 1
an alien; but on his declaration to become
citizen his right dates back to his purchase
sud he may t~hereupon secure United State
patent for his claim.
CROSS LrDGEs.
Revised statutes. Section 1885:
Where two or more lodges cross or intersec
each other, priority OF title shall govern. an
such prior location shall be entitled to all or
or mineral contained 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 oldest or prior location sbs,
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 / 800 feet. A proper locatio,
Is the width OF the tunnel for 5000 feet.
There is no provision OF law for patentip,
tunnel locations, but lodes discovered In nm
ming q tunnel may be patented In like name
as other lodes.
The wfnhk Aa nrankaA a. p -