Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-25
MO
~....KOR....
OWNERS AND L0CAT0RS
....of....
MI u - .
APPLICATION FOR PATENT.

L IA 0LA Wv
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen.
ersl Land ONCE.
An application will be rejected when the de-
scription OF the premises is 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 g
Newspaper designated as published nearestth
claim.
Thlrd--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.
ance with law.
Where several parties own separate and dis
tinct portions of q claim application for
patent may be made by either for tn st portion
OF the claim owned by him. but where several
| parties own undivided interests in & mining
claim all should join In an application for 8
patent.
many placer locations as the local law admits.
aud 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 u deputy for the Register and Re-
ceiver cannot be recorded rs evidences.
In all patents for mining claims situated
within the interior boundaries of y town site
q clause is in erted excepting and excluding
all town property, rights upon the surface,
aud all houses, buildings, structures. lots,
| blocks, streets, alleys or other municipal i'm
| prouarnautn mt balancing In the urautaa hara-
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
publication Of notice must be made u only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
first and last insertions.
Where the Register d esignstes the daily issue
of a newspaper fer publication of notices of q
mining application for patent 1t Is not 8 com
pliance with law to change to the weekly edi'
ton Of the same paper without authority OF
| the Register.
The existence Of q salt spring on 8 tract OF
land withdraws 1t from the operation of the
homestead and pre-emption laws. A hearing
for the purpose of proving the agriculture
character Of such land is not Above Land
containing valuable deposits of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
ADVERSE clAlmhntb must nle . separate snC
distinct claim against each application which
1t Ia alleged conflicts with the premises owneC
by such adverse claimsnt.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes . part OF the
record.
When an adverse claim has been filed 1t can.
not be amended 30 as to embrace 9 larger per
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
1 Dronarf form and filed I'm the nrOnRr local OH &c
during the period of publication 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 she 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 evi.
dence.
An adverse claimant should show 8 compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall ME .
copy Of the original notice OF his location, and
show the nature or extent of the eonficI
alleged.
An allegation of parties to q suit that they
compose the company IL sufficient, and they
are not required to prove that they are thu
o~riginsl ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little. If any value. for agri
cultural purposes, but 10 essential to thu
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 agriculture
entry, said entry will be cancelled at 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 . tract after the same fAs beer
entered as agricultural, but before / stent hal
been issued, the parties claiming tho min'
may make application for patent for same
and the agricultural entry will be cancelled Il
that portion of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant, they pas
with the patent.
ceived In payment for claims.
ALIENS.
foreigner may make q mining location AM
dispose Of It.. provided he becomes q citizel
before disposing OF the mine. Proof that tn
party was not q citizen before disposlng of hi
claim must be afhrmatively 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 a mining claim sold TO Al
alien cannot be patented while such owner Il
an alien; but on his declaration to become
citizen his right dates back to his purchase
. aud he may th%ereupon secure United State
, patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2,336:
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
this 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 shsl
. take the vein below the point OF union. In
: Guiding all the space of intersection.
Il TUNNELS.
There lie no authority of law for q tunne
location 5000 by $500 feet. A proper Location
10 the width Of the tunnel for 5000 feet.
There ts no provision Of law for patentinl
tunnel locations, but lodes discovered in run
ming q tunnel may be patented In like name,
a. other lodes.