Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-09-21
'NFoR NATION
'~'..Fon....
oWSsRs AND LocAToRs
'.s.oF....
AA 8.
APPLICATION FOR p.rr,,r

cause: WAL oe rejected be.
First The notice was publishs,u
Anowledge Of the Register. "i'noutth
oooono-Ihe notice was not pnb,,s,.
Law Twsspsper designated ss published neass ~
Third--Record title was foun,
s9usth-A previous application Ia,
msoe tor the same prenises. Which nau oeen
usswn pending q suit in Court colnms asw VIII.
the adverse claimant. "enced BY
AN appiisation for patent will ba ,s,.o..,
Wnen the survey does not accur.ta,r rejected
boundaries oi the claim. uenhe the
ance with law. ''ou 10 accord.
where several parties own separate
tihct portions of 9 claim, snnI,r..n ! us
pstene may De made by either Tor tast nn.. ior
Oh the claim owned by hun: but W. poruon
parties W undivided interes,s = several
claim all should join in an apuicstio ninlng
patent. -FfA'auon Tor .
A person or association NAV nnv,h.
many placer locations as the local isv .s%. y
And embrace them all In one application sa. .'
patent. iofi
Two or more lodes cannot ba aroh...,
one application for q patent excent IL, 10
claims embracing two or more loses p p.sI
their boundaries. "''lia
Papers sworn to before any person np,,o.
ing to act as . deputy for the Register sna ~
ceiver cannot be recorded Us evidences.
In all patents for mining claims a,,r.,.,
within the interior boundaries OF : ,ass
. clause is inserted excepting and exslndins
all town property, rights upon the ap,f.os
and all houses, buildings, structures ,o,o'
blocks, streets, alleys or other muuicipaI' I'm
proyements not belonging to the grantee here
IN, ano All rights necessary or proper to The
occupation, possession and enjoyment OF ths
same" "e
Publication Of notice must be made n or,,
one newspaper for the period OF 60 dave
Notice must be published 10 Consecutive
weeks in weekly newspapers, and in d,iIv
newspapers so days must elspse between ths
first and last insertions.
Where the Register designstes the daily lam.
OF Q newspaper for publication Of notices Of :
mining application for patent II is not 4 com.
pltsnce with law TO change to the weekly al.
ton Of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract q,
q wtthdraws 1t from the operation u ,hs
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of Iuch land 10 not allowed. Land
containing valuable deposits Of slate mar b
entered under the mining Acts.
cLAIMs.
Adverse claimants must file q separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an q diverse clsim, once fled,
nno be withdrawn, but becomes q part OF the
record.
When an adverse claim has been fled II can.
not be amended SO AZ to embrace q larger pcr.
ton OF the premises than that described 10 the
original adverse claim.
An adverse claim must be made ont 10
proper form and hied In the proper local odOs
AnEt ~ m n VaaRtAA ~ rahlf,ztIAn ~ a.. .rrtf
cation for the patent 10 be effective.
1t ts the duty of the adverse claimant
commence suit in proper form within he 70
CURED time, and IL he trusts lhs ulsfsn
medium of the United States mail b. mast
abide the consequences, should The eeAy
ensue, through misfortune or accident. Should
the failure to commence suit be the reslid
the corrupt or dishonest action Of his stsrney,
the Interior Department cannot redress the
wrong.
Ar adverse claimant should set forth In Do
tail the facts upon which he bases his sdyerse
claim. A statement In general terms, embody'
ing conclusions of law, without stating The
facts specially, will not be considered 10 EVIL
dence.
An adverse claimant should show q comph'
snce with the local laws in recording his claim
and In regard to expenditures, aud shall ME.
copy Of the original notice OF his location, .aa
show the nature or extent OF the eonn!e'
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and ihtS
are not required TO prove that they are ne
original ~looators or the Identical parties WHO
present the adverse claim.
AGRICULTURAL o r MINERAL LAsDs.
Where land 10 of little, II any value, for aerl.
cultural purposes, but 10 essential 10 te
proper development OF mining claims, !"
should bs disposed Of under the Mining Act
Where lands containing valuable mineral
deposits have been included In an Agricultural
entry, said entry will be Cancelled aiany une
prior to ISSUANCE of patent, upon Satisfactory
posts.
Where valuable deposits Of mineral sre ds'
covered upon a tract after the ssmf tas oeen
On tered as agricultural. but before ! ssenI ns
been issued, the parties claiming the mln'
may make application for patent ior ssme,
and the agricultural entry Will be caheeleu
that portion of the land embraced py ssu
mining claim.
Where mineral deposits are dIscoverea o.
Agricultural lands sitter the patent has oeea
issued TO an Agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF It. provided no becomes . eluss
before disposiDg OF the mine. Proof tha.y'
party was not q citizen before disposing "~
claim IN be sfirmatively shown. .ns
LocRtors n intermediate owners , ar
than applicants, will not be presumed Anenr
In the absence of allegation or ob)ecuoh ~"
to Issuance Of patent. an
The portion of o mining claim SOLD W.
alien cannot be patented while sroh osnu
an allen; but on his declsrstioni o oeoe%"
citizen his right dates back to his puisasss,
aud he may thereupon secure United y"
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1886: ...set
Where two or more led ges cross or in.eisnJ
each other, priority OF title shall govern. ara
such prior location shall be entitled 10 la.
or mineral contained within the spaceu hsys
section. but the subsequent iocauon ~ inter.
section for the purpose Of the convon mo,s
working of the mine. And where w. hall
veins unite the olde-t or prior iocssl9" An.
take the vein below the point OF uhioA'
Guiding all the space Of intersecu0n'
uxsEL
There ia no authority Of law for ration
locanon 5000 by 1900 feet. A pr rod Sset'
is the width OF the TUNE ioi 49, ~ ustentins
There is no provision OF law 10. IN ruQ.
,rnnoi Ioc atoms. but lodes disooverea Ina
min a tunnel may DO patented IN hA'
Ths right is granted to tnnnel oSg doiy
I sn0 fact of each blind lode, noi pvsred Ia
known TO exist, which may DO
their tunnel. a,scoverod for the
srst tlma in running q tunnel oo their
owners have the option OF lsoV ~ he point
49, 81 / sMl feet ali on one SIDE OF I'm ~ one