Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-04
iNFoR NATION
...FoR....
OWNERS AND LOcA1Oss
....oF....
MI ES.
APPLICATION FOR PAryyr

snfsctan ING premises IL erroneous ! :
cause: U rejected be.
first The notice was published witbou,u
knowledge of the Register. "'nou'the
notice was not pubash.,
designated as published nesrss ~
Third--Record title was found a.,.
and i0unu defective,
fourth--A previous application h.a
made Tor the same premises, which w. oeeh
u ~ penaine q suit in Court Commences I.
the adverse claimant. eeo oy
An application for patent will hs
when the survey does not accursteIy dasJee.ed
boundaries OF the claim. UeAhe the
Where the claim was not located in scco,a
ance with law. secofa-
Where several parties own separate and a..
tinct portions Of q claim, apnltcstiao
patent may be made by either for r. -. ir
OF the claim owned by him: but wbs,s s wy "
parties own undivided interests in = soreln
claim all should join in al application S o.ss
patent. iofa
4 person or association may purchase :.
many placer locations Is the local law sdr0,.s
and embrace them all in one application for.
patent. WI
Two or more lodes cannot be embraced :,
one application for a patent except 70, nIaoa
claims embracing two or more loaes withtn
their boundaries. n
eRSA sWOAA W OtltI hu1 DEF90n nnppn.4
Ing to act as u deputy for the Register an 3.
cetyer cannot be recorded AZ evidence.
In all patents for mining claims s,tr...,
within the interior boundaries of a TOWN ~.
8 clause Is inserted Excepting and erolndipe
all town property, rights upon the surfsre
and all houses, buildings. structures lo,.'
blocks, streets, alleys or other municip.l ~
proyements not belonging to the grantee he.
in, and all rights necessary or proper IN n.
occupation, possession and enjoyment OF ths
same"
Publication OF notice must be made n o,,v
one newspaper for the period Of 60 sys.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between no
frat and last insertions.
Where the Register designates thedaily issua
Of a newspaper for publication Of notices Of a
mining application for patent ii IL not a con.
pliance with law to change to the weekly Ell.
ZION of the same paper without authority Il
the Register.
The existence Of . salt spring on a tract q
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 is not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADvKRsE CLAIMS.
Adverse claimants must hle q separate and
distinct claim against each application which
II IL alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once fled,
cannot be Withdrawn, but becomes q part Of the
record.
when an adverse claim has been filed 1t esn.
not be amended SO as to embrace q larger por.
ton OF the premises than that described IL the
original adverse claim.
An adverse claim must be made out in
proper form and hled in the proper local Office
fnEfng Nha NaaVtaA ~ f4hIs.~sgg ~ - aAxf4
cation for the patent 10 be effective.
1t Is the duty OF the adverse claimant ID
commence suit in proper form within the re-
CURED time, and If he trusts the uncertain
medium Of the United States mail be must
abide the consequences, should the delay
ensue, through misfortune or accident Should
the failure to commence suit be the result O
the cor u or dishonest sction 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 eyi.
dence.
An adverse claimant should show a eompli.
Ance with the local laws in recording his claim
and in regard TO expenditures, and shall nls d
copy of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company Is sufficient, and they
are not required ~ prove that they se the
original locAtors or the identical parties who
present the adverse claim.
OR MINERAL LANDS.
Where land is of little, If any value, for agri.
cultural purposes, but Is essential to the
proper development of mining claims, II
should be- disposed Of under the Mining Act
uyN.-. IArIa CAAAFYs-. na1,ak1 fui0qFaI
deposits have been included in an agricultural
entry, said entry Will be cancelled IS any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de-
posts.
Where valuable deposits of mineral are dis
covered upon a tract sitter the SAINT is peen
en- tered as agricultural, but before J slsnt mas
been issued, the parties claiming the mihe
may make application for patent for same,
aud the agricultural entry Will be Cancelled 70
that portion of tho land embraced by sAa
mining claim.
where mineral deposits are discovered on
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 an
OlHlOEt III = pIONNuth IN DttVALt"
before disposing OF the mine. Proof that W
party was not a citizen before disposing OF N
claim must be afirmstively shown.
Locators and intermediate owners, othe
than applicants, will not be presumed alieni
In the absence of allegation or objection prlo
to issuance Of patent.
The portion of q mining claim SOLD 10 q
alien cannot be patented while such owner
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 LEDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or inteTsec
each other, priority of title shall govern, sue
such prior location shall be entitled TO al or'
or mineral contsined within the space OF in'el
section, but the subsequent location shsiinaso
the right of way through the space OF in.sl,
section for the purpose of the conVenien'
working OF the mine. And where two or riotr
veins unite the oldest or prior location snai
take the vein below the point OF unioh' ~
GLIDING all the space Of intersection
TUNNELS.
There is no authority OF law for 8 tunnel
1900 by 1 800 feet. A proper locsnol
is the width Of the tunnel for 5000 feet.
There Is no provision Of law for patenalns
tunnel locations, but lodes discovered IN run
MINI a tunnel may be patented In Ike Manne'
as other lodes.
The right is granted TO tunnel owners =
1, 800 feet Of each blind lode, not prevIoai a.
known to exist, which may be disco'eie1 -
their tunnel. b.. Oh.
When a lode is struck or discovered Tor .nt