Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-18
'HFoR NATION
.~...FoR....
uWAERS AND LOCATOR,
OF.
MI ES
APPLICATION ron p,-rx-

APPLICATION roR PArrxr
Who're papers have once bsan
a,eBister and Receiver they hsconlea With As
tns record, aud can neither H. SrsM = Part u
ersl Land Office. i'ted to the e.,
An application will be rejeeted o.,
sngpptoh Vi the premises is erronsou sasde
Application for patent will bs
knowledge of the Register withoutA,
S~econd-Thc notice was no, ru,
designated as published asas soi ~,
and "AS round defective /
r9ufth-A previous application h.,
msoe ior the same premises. which ~ oeen
uiswn pehding . suit in Court commsassitA WIN.
the adverse claimant. menced By
An sppilcation for patent will h.
hannasrea" ~, Goes NOT accurately de6ps \. -
Where the cain was mot iao.
ance with law. A'o3 IN sccord.
where several parties own separsta 49,.
tinct portions of h claim. snnI,s.uuas US
patent may De made by either for Il. ,noui~
Oh the claim owned by him: but whars polaoa
PaLuos oHn n.uiVided interests in 4 m,a,aa
patent. A"on iofs
A person or association NAV nnrch.
many placer locations 80 the local Law .ss~se
and embrace them all In one applics,,ara sl
patent. s1on Tor
Two or more lodes cannot be smh,.,.,,
one appiIes.ion ior a patent except for pl.es,
their boundaries. 1s siihn
Papers sworn TO before any person p,,,o..
ing TO act as q deputy for the Register ~ ~
ceiver cannot be recorded ~ evidence ne
In all patents for mining claims si,r.,.,
WITHIN the interior boundaries of A tovs -.
Sisuse is inserted excepting and exelualrs
all town property, rights upon tbe sns.as
and all houses, buildings, Structures ~. ~
blocks. streets, alleys or other munir,r.i ~ ~
provements not belonging TO the grant, ~
in, and ell rights necessary or uruns, ~ \.
occupation, possession and enjoyment Of ia
same"
Publication OF notice must be m.as n al.
one newspaper for the period OF Co dsy. '
Notice must be published 10 Consents,
weeks In weekly newspapers, and IN ID,
newspapers 90 days must elapse be.vaen a.
fret and last insertions. y"
Where the Register designates the s,Iv t,.rs
OF q newspaper for publicstion Of notices OF
mining application for pAtenfi ii Is not . com.
pliance with law TO change TO tie weekly IA.
ton of the same paper without suthority Of
the Register.
The existence OF o salt spring on a ,,,et n,
land withdrsws IT from the operation Of the
Homestead aud presumption laws. A hearing
for the purpose OF proving the agricultural
character OF such land Is not allowed. Land
containing valuable deposits Of slste may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nls . separate md
distinct claim against each application which
IL 10 sllegod conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled.
cannos be Withdrawn. but becomes part Of The
record.
When IN adverse claim has been filed 1t can.
not be amended 80 az 10 embrace 9 larger Pei.
tion OF the premises than that described In tie
original sdserse claim.
An adverse claim must be made out In
proper form and filed In the proper local oaes
during the period Of publication Of the spph.
cation for the patent TO be effective.
II is the duty OF the adverse claimants
commence suit In proper form within the n
quired time. and II he trusts The uncertsa
medium Of the United States mail he ms
abide the consequences. should the delg
ensue. through misfortune or accident. 6holt
the failure 10 commence suit be the resalt d
the corrupt or dishonest seton Of his sttsrng
the interior Department cannot redress TIL
wrong.
Al adverse claimant should set forth In do
tail the facts upon which he bases his adverse
claim. A statement in general terms, emhody
ing conclusions OF law, without stating The
facts specially, will not be considered 10 eSi
dence.
An adverse claimant should how . compli
snce with the local law in recording hts clsiH
and In regard TO expenditures. and shall ns
copy OF the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to 8 suit thst they
a. "a - 81 NJ
are not required to prove that they are III
original ~locAtors or the Identical parties vA'
present the adverse claim.
on LANDS.
Where land is Of little, IL any value, for ayr
cultural purposes, but IS essential to ID
proper development Of mining claims. II
| should be disposed OF unde the MiHingAct
Where lands containing valuable mineral
deposits have been included in 81 AGRICULTURAL
entry, said entry will be canceled o. any ume
prior 10 issuance Of patent. upon satisfactory
evidence OF the existence of such valuable ae'
posits. ~.
Where valuable deposits Of mineral ne dis
covered upon a tract sitter the samt Aas oeen
on tered as agricultural, but before aen' mas
been issued, the parties claiming the mine
may make application for patent Tor ssMe
and the agricultural entry will be canceieo y
that portion Of the land embraced Dy sAo
mining claim. :,
Where mineral deposits are discovered o.
agricultural lands after the patent mas PEE.
issued TO an agricultural claimant, fhsy pas
with the patent.
Agricultural College scrip cannot Do ~
| ceived in payment for claims.
ATKINS.
| A foreigner may make q mining location ~
dispose OF 1t. provided he becomes . ~ ~
before disposing OF the mine. Proof 'nat =.
party was not a citizen before disposing OF ~
claim must be afirmstively shown. "a.
Locators and intermediate owners o.n.
| than applicants, will not be presumed aiieu'
In the absence Of allegation or objection PR"
to issuance Of patent. d
d portion of q mining claim sou " a
alien cannot be patented while sueh OWL :
an alien: but ON his declaration TO pecohe
citizen hts right dates back to his puIsnsss
sud no may therenpon secure uni'eu o''"'
| patent for his claim.
CROSS LRDaEs
Revised Statutes. Section 1850: .,.,t
Where two or more lodges cross OF in' e "A
! each other, priority OF title shall govern, s
| such prior location shall be entitled msn
| or mineral contsined within the spAceoi ~ We
section, but tho subsequent location shs' n.s,.
the right of way through the space o. m.o
section for the purpose of the eohs mor,
working OF the mine. And where two VI ~
veins unite the oidest or prior loeAuVn In
take the vein below the point OF union' -"
Guiding all the space of intersection