Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-25
'NFoR NATION
.~...FoR...
owNERS AND LOCATO8s
~..oR.
g
APPLICATION FOR PATENT.

Ine record, and can neither be withdr part Of
returned, but must be transmitted To Nv nor
eral Land Once. 'he Gen.
An application will be rejected when r..
sufficient. 0uoous Or in.
application for patent will be ~reiect4a :,
First The notice was published wi,hou..
knowledge of the Register. u'hs
~second-The notice was not nnb,,sh.
claim. neafesttAs
and ~ 'uNu ~oeiectiye,
Fourth-.A previous application had h..
nsue Tor the same premises, which wa Oesa
drawn pending q suit in Court commsa,Htta WIZ.
the adverse clainAnt. by
An application for patent will be ,o;...,
wneh ,he survey does hot accurately defns =
boundaries OF the claim. TIE
Where the claim was not lecatad
ance with law. accord.
Where several parties own separe.a ana,
tinct portions VI u claim, apphc.tiou as
patent may be made by either for tust na.,i tf
OF the claim owned by him. but whara solNoa
parties own undivided interests in ) sotefal
claim all mould Join in an application 1n mug
pa,ent. i0rs
A person or association may purcbs.o..
many placer locations as the local law .d,n,.a
patent.
Two or more lodes cannot be emhr.c.a-
one application Tor a patent except for nIs.s.
claims embracing two or more lodes w;,S ~
their boundaries. ""Hl
Papers sworn 20 before any person purpor,
ceiver cannot be recorded as evidence.
In all patents for mining claims sitr...s
within the interior boundaries OF a town 60
q clause Is ins erted excepting and ercIadiao
al Town properly, rights upon the surface
and sl houses, buildings, structures io,s
blocks, streets, alleys or other muuicin.l ;tss'
provements not belonging to the grantee bs,a
in, and all rights necessary or proper IN ~
occupation, possession and enjoyment Of The
same"
Publication Of notice must be made n oil.
one newspaper for the period OF co DAYS, '
Notice must be published 10 Consecntivs
weeks IN weekly newspapers. aud in daly
newspaper 60 days must elapse between M
fret and last insertions.
Where the Register designate the q ALL issra
of o newspaper for publication Of notices. of a
mining application for patent II is not a com.
pltance with law TO Change TO the weekly edi.
zion OF the same paper without authority Of
the Register.
The existence Of a salt spring on a tract Of
land withdrsws 1t from the operation OF the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land IL not SLOWED. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separste and
distinct claim against each application which
1t Is 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 the
record.
When an adverse claim has been fled IL can.
not be amended SO az TO embrace q larger Der.
ton OF the premises than that described in thg
originsl adverse claim.
An adverse claim must be made out in
proper ( rn and flied in the proper local Office
during the period of publication Of the sppli
cation for the patent TO be effective.
1t Is the duty Of the adverse claimant Il
commence suit in proper form within the re-
quired time. and If he trusts .he uLcortair
medium OF the United States mail he mus
abide the consequences, should the celay
ensue, through misfortune or accident. Shoult
tie failure to commence suit be the res al o.
TIE cor fupt or dishonest action Of his attorney
the interier Department cannot redress tht
wrong.
An adverse claimant shonld set forth In de
tail the facts upo which he bases his Rdyers
claim. A statementin general terms, embody
ing conclusions OF law, without stating tn
facts specially, VIII not be considered III evi
dence.
An adverse claimant should show a complt
aDce with the local laws in recording his clair
and In regard TO * expenditures. and shall hls
copy OF the original notice Of his location, an
show the nature or extent Of the confic
alleged.
An allegation Of parties to a suit that the
compose the company 10 sufficient, aud the,
are not required to prove that they are til
original l~ocators or the Identical parties VIII
present the adverse claim.
AGRICULTURAL oil MINERAL LANDS.
Where land is of little, If any value, for agt.
cultural purposes, but IL essential TO tue
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 ~ any time
prior to Issuance of patent. upon satisfactory
evidence of the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon a tract after the Same iss been
en- Tered as agricultural, but before ! stent has
been issued, the parties claiming the mine
may make application for patent for same,
aud tho agricultural entry will be Cancelled "a
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered Oh
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 ant
dispose OF it. provided he becomes q eitizei
before dlsposing OF the mine. Proof that I'M
party was not a citizen before disposlng of ht
claim must be afirmsiively shown.
Locators 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 u mining claim sold 10 81
alien cannot be patented while such owner Il
an slien; but on his declaration to become
citizen his right dates back to his purchase
Iud he may thereupon secure United siase'
patent for his claim.
CROSS Lodges.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersee'
each other, priority OF title shall govern. bna
such prior location SINH be entitled to all orc
or mineral cont,ined within the spsceoi in'e1
section, but the subsequent location shall nave
the right of way through the space OF inter
section for the purpose OF the convenient
working OF the mine. And where two OF riot,
veins unite the oldest or prior Location shsN
take the vein below the point OF unioh' III
Guiding all the space of intersection.
TUNNELS.
There 10 no authority OF law for Q tuhhei
location 5000 by l, 800 feet. A proper iooa"on
is the width of the tunnel for 5000 Feet.
There ia no provision OF law for patfuuns
tunnel locations. but lodes discovered III run.
ming a tunnel may be patented In Ike mS""
as other lodes.
M - a.. IN tynnal III ~