Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-04-01
RN;-OR
....FOH....
OWNERS AND L0CAT6RS
....OF....
MI u III - - .
APPLICATION FOR PATENT.

sufficient.
application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-Ihe notice was not published in u
new paper designated as published nearestthe
claim.
Third--Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending a 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 that portion
parties own undivided interests in 8 mining
claim all should join In an application for u
patent.
A person or association may purchase Is
many placer locations as the local law admits,
and embrace them all in one application for q
patent.
Two or more lodes cannot be embraced In
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing to act as a deputy for the Register and Re-
ceiver cannot be,recorded as evidence.
In sll patents for mining claims situated
within the interior boundaries OF q town site
q clause is In erted Excepting and excluding
sll town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment of the
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must lie published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must el8pse between the
fret and last insertions.
Where the Register esignstes the daily issue
of o newspaper for publication of notices of o
mining application for patent 1t is not q COM
pliance with law TO change to the weekly edi.
ton of the same paper without authority OF
the Register.
The existence of a salt spring on a tract of
land withdrAws 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.
ADVERSE CLAIMS.
Adverse claimants must file g separate 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 part OF the
record.
Nntu hh AufcEhc u II y y lieu ~ III
not be amended 30 as to embrace 4 larger per-
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local Office
during the period of public alton OF the sppli-
cation for the patent to be effective.
1t is the duty of the adverse claimant to
suit in proper form within the re-
CURED time, and If he trusts ihe 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 resalt 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 evil
dence.
! An adverse claimant should show q compli-
ance with the local laws in recording his claim
and in regard to expenditures. and shall nile u
copy of the original notice of his loo cation, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to a suit that they
, compose the company ia suite ent, and they
are not required to prove that they are the
original l~ocstors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
y z AoAA 80 "a AAhhACp a. huI NhAbCgA " hkNA
! cultural purposes, but is essential to the
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 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.
I covered upon 3 tract sfter the same ias been
entered as agricultural, but before l .tent has
been Issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry Will be Cancelled t.
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
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 a mining location an6
dispose Of it.. provided he becomes O either
/, before disposing of the mine. Proof that thu
party was not q citizen before dispos.ng Of hi
. claim must be affirmatively shown.
Locators and intermediate owners, othel
than applicants, will not be presumed aliens
: in the absence Of allegation or objection priol
> to Issuance of patent.
: The portion of a mining claim sold to Ar
alien cannot be patented while such owner II
an alien; but on his declaration to become
citizen his right dates back to his purchase
. aud~he may thereupon secure United States
: patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1885:
Where two or more lodges cross or intersec,
each other, priority Of title shall govern. ant
such prior location shall be entitled to all or,
: or mineral eontsined within the space of inter
section, but the subsequent location shall have
the right OF way through the space of inter
section for the purpose of the convenient
working OF the mine. And where two or nor,
> veins unite the Oldest or prior location shall
e take the vein below the point Of union. in
Guiding all the space of intersection.
TUNNELS.
7 There is no authority of law for a tunnel
location 5000 by l 800 feet. A proper location
is the width of the tunnel for 1000 feet.
4, There ia no provision OF law for patentipp
> tunnel locstions, but lodes discovered in rnn.
mig a tunnel may be patented in like manner
as other lodes.
The right Is granted to tunnel owners Ia
. 1900 feet Of each blind lode. not previously
known to exist. which may be discovered in
their tunnel.
When q lode is struck or discovered for the
first time in running q tunnel the tunnel
. | owners have the OntinD Of raonr1i,n A..