Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-24
INFOR
....FOR....
OWNERS AND L0CAT0RS
....0F....
MI T. M u 9 /.
APPLICATIONS FoR PATENT.

Hut0clenL.
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. paper designated AZ published nearest the
claim.
T-hird-Record title was found defective.
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending q 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
snce with law.
Where several parties own 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 Q mining
claim all should join In an application for .
patent
A person or association may purchase as
many placer locations 90 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 moro lodes within
their bound aries.
Papers sworn to before any person purport-
ting to act as q 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 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 go days must elapse between the
fret and last insertions.
Where the Register designstes the Tally issue
of q newspaper for publication of notices of q
mining application for patent 1t is not 3 com.
| pliance with Law TO change to the weekly edi'
ton of the same paper without authority Of
the Register.
The existence OF 0 salt spring on q tract OF
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the Agricultural
character Of such land 10 not allowed. Land
containing alusble deposits Of slate may bt
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file O separate anc
| distinct claim agsinst each application which
| 1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes q part OF thu
record.
When an adverse claim has been filed it can
not be amended 30 as to embrace o larger por
ton OF the premises than that described in the
| original diverse claim.
An adverse claim must be made ont in
proper form and filed In the proper local otice
during the period of publication OF the appli.
cation for the patent to be effective.
1t is the duty Of the adverse claimant 10
commence suit in proper form within the re-
quired time, and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
tue failure to commence suit be the resalt OF
the corrupt or dishonest action Of his stterney,
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 evi
dence.
An adverse claimant should show o compli
ance with the local laws In recording his claim
and in regard TO expenditures. and shall hle
copy of the original notice of his location, anC
show the nature or extent Of the confic
alleged.
An allegation Of parties to o suit that the,
compose the company Ia sufficient. and the!
are not required to prove that they are tn
original ~loeators or the identical parties wht
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little, II any value, for agri
cultural purposes, but 10 essential to tn
proper development Of mining claims, 1
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 sstisfsctor!
evidence Of the existence Of such valuable de
posits.
Where valuable deposits Of mineral are dis
covered upon . tract after the same sas beer
entered as agricultural, but before I stent ha
been issued, the parties claiming the min
may make application fer patent for same
and the agricultural entry will be Cancelled t.
that portion of the land embraced by SAT-
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has bee
issued to an agricultural claimant. they pas
with the patent.
Agricultural College scrip cannot be re
cetved In payment for claims.
ALIENS.
foreigner may make q mining location an
dispose OF It,. provided he becomes q citize
before disposing OF tine mine. Proof that til
party was not . citizen before disposlng OF hi
claim must be aiirmativeiy 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 hiR right dates back to his purchase
aud he may thereupon secure United State
> patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1850:
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 contsined within the space of inter
section, but the subsequent location shall hav
the right Of way through the space of Inter
section for the purpose Of the convenien
working OF the mine. And where two or raor
veins unite the Oldest or prior location shsl
take the vein below the point Of union, IL
: GLIDING all the space OF intersection.
:. TUNNELS.
: There Ia no authority OF law for a tunne
location 5000 by l. 500 feet. A proper location
10 the width Of the tunnel for 5000 feet.
There 10 no provision OF law for patentip,
tunnel locations. but lodes discovered in run
ming a tunnel may be patented In like name
as other lodes.
The right is granted TO tunnel owners 1,
800 feet Of each blind lode. not preyiousl,
known to exist. which may be discovered ii
their tunnel.
when . lode 10 struck or discovered for III,
| first time IN ruQnfnQ A tunnai tha turoo