Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-14
INEOR NATION
....FOR....
OWNERS AND L0CAT0RS
....oF....
MI E . .
APPLICATION FOR PATENT.

Application for patent Will be rejected be-
cause:
knowledge of the Register.
~second-The notice was not published in a
new paper designated IS published earestthe
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
tinct portions OF q claim, application for
patent msy be made by either for lat 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
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.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing to act as o deputy for the Register and Re
ceiyer cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF o Town slto
q c. use ia in, erted excepting and excluding
all town property, rights upon the surface,
and sill 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 GU days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
| fret and last insertions.
Where the Register d esignates thedsily issue
of o newspaper for publication OF notices Of u
mining application for patent it isfnot u COM
pliance with law TO change to the weekly edI-
ton of tue same paper without authority VI
the Register.
Thu existence Of q salt spring on 8 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
distinct claim against each application which
it 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once hled,
cannot be withdrawn. but becomes q part Of the
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace a larger per-
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local office
during the period Of public stion Of the sppli-
cation for the patent to be effective.
1t Is the duty of the adverse claimant to
commence suit in proper form within the re-
quired time, and if he trusts the uncertain
medium of the United States nail 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 Ia 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 die a
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 OR MINERAL LANDS.
} Where land is of little, If any value, for agri.
cultural purposes, but ia 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 at any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable dc.
, posts.
wherS Valuable deposits of mineral are din.
I covered upon q tract after the same ias been
entered as agricultural, but before ! stent has
] been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry win be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered OIL
agricultural lands after the patent has beer
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be re
ceived in payment for claims.
ALIENS.
foreigner may make a mining location and
dispose OF IT.. provided he becomes a either
, before disposing OF the mine. Proof that thu
party was not q citizen before disposing of hi
. claim must be afirmAtively shown.
q Locators and intermediate owners, othel
: than applicants, will not be presumed aliens
= In the absence Of allegation or objection pr1ol
> to issuance of patent.
i. The portion of q mining claim sold to al
alien cannot be patented while such owner fl
an alien; but on his declaration 10 become
citizen his right dates back to his purchase
. aud he may t~hereupon secure United Statei
Z patent for his claim. %
CROSS LEDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intersec
each other, priority Of title shall govern, ant
such prior location shall be entitled to all or,
or mineral Confined 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 convenient
working Of the mine. And where two or nor,
J veins unite the oldest or prior location shsl
Q take the vein fellow the point Of union, in
Guiding all the space of intersection.
: TUNNELS.
= There 10 no authority Of law for a tunpe,
location 5000 by !, 800 feet:. A proper Location
Is the width Of the tunnel for 5000 feet.
i, There Is no provision of law for patentinf
, tunnel locations, but lodes discovered in run,
ming a tunnel may be patented In like name,
az other lodes.
The right Is granted to tunnel owners tc
800 feet of each blind lode, not previously
known to exist, which may be discovered IN
their tunnel.
When q lode is struck or discovered for the
first time in running = unne the tunnel