Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-19
fNFOR NATION
....Foz....
OWNERS AND L0cAT0RS
....OT....
M ..
APPLIcAT1ox YoB PATEST.

r. nster and heceiver they become = part Of
the record, and Gao neither be witndrsSn nor
retained, bnt must be TO The Gen.
eral Land Office
An Application will be rejected when the de-
seription Of the premises 10 erroneous or in
Application for patent will be rejected be-
Fir.t The notice was published without. the
knowledge of the Register.
~second-The notice was not published in .
new Paper designated ss published nearesttne
~Tnlrd-Record title was found defective.
and
FOurth-A previous application had been
made for the same premises, which WAS with
drawn peneing q suit in Court commenced By
tie adverse CLAIM ant.
An application for patent will be rejected
when the survey Goes not accurately define the
boundaries of the claim.
where the claim Was not leceted in sccord-
ance with law.
Where several parties own separate and dis
tact portions Of 8 elsim. spplIcstion for
patent may be made by either for that portion
u 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 IS
many placer locations % the local Law admits,
and embrsee them all in one application for .
patent.
~ VI AA1AE "a CeA4OA OC 80
one Application for 8 patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before any person purport-
ing TO act ss { 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
9 clause is Ia. cried excepting and excluding
all town property, rights upon the surface,
aud all houses, buildings, structures, lots,
blocks, stree Is, alleys or other municipal i'm
proyements not belonging TO the grantee here
in, and all rights necessary or proper to the
oecupstioD, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must he published 10 consecutive
weeks in weekly newspapers, and IN daily
newspapers 60 days must elspse between the
irst and last insertions.
Where the Register designAtes the ally Issue
Of . newspaper for publication OF notices Of .
mining application for patent 1t is not q com
pliAnce with law 10 change to the weekly edi-
Ton Of the same paper without authority OF
the Register.
The existence Of 9 salt spring on 9 tract OF
land vithdrAvs II from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the sgricultursl
character OF such land IL not allowed. Land
containing valuable deposits Of slate may b
entered under the mining Acts.
ADy1RsE CLAIMS.
Adverse claimants must file q separate knd
distinct claim against each application which
10 10 alleged conflicts with the premises owned
By such adverse claimant.
TIL papers in an adverse claim, once fled
csnno be withdrawn, but becomes 9 part Of tbs
record.
When an adverse claim has been filed ii can.
no! be amended SO So to embrace 8 larger per
ton OF the premises than that described in the
original adverse claim.
An sdyerze claim muEf be mkdA ont in
proper firm and flied in the proper local ofac
during the period Of publication OF the sppli'
cation for the patent 10 be effective.
1t Is the duty OF the adverse clsimsnt to
commence suit in proper form within the re.
quired time, and IL he trusts The uncertain
medium OF the United States mail he mus
abide the consequences, should the delay
ensue, through misfortune or accident. Should
tie failure to commence suit be the result OF
the corrupto or dishonest action Of his attorney
the interier Department cannot redress tbs
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 tn,
facts specially, will not be considered in evi
dence.
An adverse claimant should show a compli
snce with the local laws in recording his CLAIM
and in regard to expenditures. and shall nle
copy of the original notice of his location, anC
show the nature or extent Of the oonhic
alleged.
An allegation of parties to q suit that the,
compose the company 10 sufficient. and the.
are not required TO prove that they are tn
original ~locstors or the identical parties VIII
present the adverse claim.
AGRICULTURAL OR MINERAL mi
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.
Where lands containing valuable miners
deposits have been included in an agriculture
entry, said entry will be cancelled 81 any tim
prior to Issuance of patent, upon satisfsctor,
evidence Of the existence of such valuable de
posts.
Where valusble deposits of mineral are dis
covered upon 3 tract sitter the same iss beef
entered ss agricultural, but before l 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 sal
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
eeiyed In payment for claims.
ALIENS.
A foreigner may make q mining location an
dispose OF it.. provided he becomes q citize
CIV uirpoelbS VI w mine. XEoOI dhH I'll
party was not q citizen before disposlng OF hi
, claim must be afirmAtively shown.
LocAtors and intermediate owners, othe
than applicants. will not be presumed alieni
in the absence u allegation or objection prio
; to issuance of patent.
; The portion Of a mining claim sold to a
alien cannot be patented while such owner 1
an alien; but on his declaration to become
citizen his right dates back to HIS purchase
aud he may thereupon secure United State
: patent for his claim.
CROSS LEDoEs.
Revised statutes. Section 2,356:
Where two or more lodges cross or iptersec
each other. priority Of title shall govern. an
such prior location shall be entitled 10 ali or
or mineral confined within the space of inte,
! section, hut 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 rlor
veins unite the olde,t or prior location shsl
take the vein below the point Of union. In
Guiding all the space of intersection.
II "
There Is no authority Of law for a tnnne
location 5000 by !. 800 feet. A proper locntio,
Is the width of the tunnel for 5000 feet.
There Is no provision OF law for latentin,
tunnel ocatioDs, but lodes discovered in rnn
n'ng a tunnel may be patented In like manne,