Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-13
INEOR NATION
....FOR....
OWNERS AND L0CAT0RS
....OF....
MI Il 9 .
APPLICATION FOR PATENT.

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 a
new.psper designated IS published nearestthe
claim.
Thlrd-Record title was oun defective,
and
FourtL--A previous application had been
made for the same premises, which was with
drawn penaing u suit III Court commenced Dy
the adverse claim ant.
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
.inct portions of 9 claim, application Tor
patent may be made by either for to 1T portion
VI the claim owned by him; but where several
parties own undivided interests in q mining
claim all should join in an application for d
patent.
A person or association may purchase as
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 bound aries.
Papers sworn to before any person purport-
ing 10 act as q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of 8 town site
a clause is in. erted excepting and excluding
bill 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 ali rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notics must be made q only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks i'll weekly newspaper. and i'll daily
| newspapers TO days must elapse between the
fr-t and last insertions.
Where the Register designstes the q ally issue
of q newspaper for publication Of notices OF .
mining application for patent 1t is not q com
| pliance with law TO change to the weekly edi-
tion of the same paper without authority OF
the Register.
The existence Of q salt spring on Q tract of
land withdraws it from the operation Of the
homeste sd and pre-emption laws. A hearing
for the purpose of proving this agricultural
character of such land ia not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file @ separate and
distinct claim against each application which
IL is alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In all adverse claim, once filed,
cannot Do withdrawn but becomes q part OF the
record.
When an adverse claim has been filed 1t can.
not be amended so as to embrace a 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 flied in the proper local office
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-
CURED time, and if he trusts The uncertain
| InaIf-y, nF tha TTpSkaA Gt.4aa mail hA VnnEt
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
all 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 hle
copy of the original notice Of his location, anC
show the nature or extent OF the confic'
alleged.
An allegation of parties TO q suit that the!
compose the company is sufficient, and the,
are not required to prove that they are tn
original ~locstors or the Identical parties wht
presentthe adverse claim.
AGRICULTURAL OR MINERAL LANDs.
Where land is of little, If any value, for agri
] cultural purposes, but IS essential to tn
proper development of mining claims. 1
should be- disposed of under the Mining Act.
Where lands containing valuable miners
deposits have been included in an agriculture
entry, said entry will be cancelled at any tim
prior to issuance Of patent, upon satisfsctor!
evidence OF the existence OF such valuable de
q posts.
Where valuable deposits of mineral are dis
I covered upon 4 tract sitter the same ias beel
entered as agricultural, but before I stent ha
been issued, the parties claiming the min
mGy make application for patent for same
and the agricultural entry will be cancelled t
that portion of the land embraced by sal,
mining claim.
Where mineral deposits are discovered o.
agricultural lands after the patent has bee
issued to an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be II
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location an
dispose OF 1t. provided he becomes q cttize
/, before disposing OF the mine. Proof that th
party was not q citizen before disposlng of hi
claim must be afhrmatively shown.
Locstors and intermediate owners, oths
than applicants, will not be presumed alien
: in the absence Of allegation or objection priC
to issuance Of patent.
a II pOTtlO VI q uululfR CIhim bOlQ 10 u
= alien cannot be patented while such owner
an alien; bat on his declaration to become
citizen his right dates back to his purchas,
,ud he may thereupon secure United State
. patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1895:
Where two or more lodges cross or interset
each other, priority OF title shall govern. an
such prior location shall be entitled to all OF
or mineral cont,ined within the space of inte
section, but the subsequent location shall hay
|. the right OF way through the space of inteI
section for the purpose of the converter
: working OF the mine. And where two or MOI
veins unite the oldest or prior location sha
o take the vein below the point OF union. II
Guiding all the space of intersection.
: TUNNELS.
r There Ia no authority of law for a tupn,
location 5000 by l 500 feet. A proper locatio
is the width of the tunnel for 5000 feet.
There ts no provision OF law for ~patentin
: tunnel locations, but lodes discovered In rur
: ning q tunnel may be patented in like name
as other lodes.
, The right is granted TO tunnel owners I
l 800 feet Of each blind lode. not preyiousl
known to exist. which may be discovered h
their tunnel.
When a lode Is struck or discovered for III
first time In running a tunnel the tunna