Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-08-21

Rsgistas ~ - nave once been fled v,,.
the ra"nra aha receiver they become WIN the
retnrned a can neither be witbdr part Of
eral Land Office. isted to the Gan
$500, sPplcstion will be rejected vh.,
sufs pson Oh the premises is errona cn. he
cause: WAL % rejected n.
First The notice was publi.bsa, ,.
knowledge Of the Register. wi'noutthe
ne,vsn.nf~ hotce was not publisher
claim. Puohshednearesttbs
and "As found defective
s9ustn-,A previous application r..
made Tor the same premises. VIII. nsa been
urAWn pending q suit In Court comn W with.
the adverse claimant. ~S0~menced by
AN application for patent will :.
wnen tne survey does not accurstsls - s rejected
OF the claim. 'iy uenne tho
Where the claim was not ,ao..
ance with law. 0a'eo ID accord.
Where several parties own aen.,.
tinct portions Of u claim. snni,o, sna dis
pateat may be made by either fp ~ for
OF the claim owned by him. but M portion
parties W undivided tuteres,s ~ sosertl
claim all should join In an spplicstioma MINING
patent. -fp"'suon Tor .
A person or association NAV nr,,A
many placer locations 81 the local law ss ~ y
patent. aaoiir
Two or more lodes cannot ba auh...
application for a patent except n. ~
claims embracing two Or more lodes IN.
their boundaries. WYE Hina
Papers sworn TO before any persop pu,,,.
ing to act as q deputy for the Reeister ~ 81
ceiver cannot be recorded as evidence. W
In all patents for mining clsims e,tr,,.,
within the interior boundaries of 4 town ~.
clause is inserted excepting and ercludins
All sown properly, rights upon the surfacss'
q all houses, buildings, structures' io,s'
blocks. streets, alleys or other munirin.i ~ ).
provements not belonging to the grants bs,a
in, and all rights necessary or prone, n n.
occupation, possession and enjoyment al ~
same" wv
Publication Of notice must be made /, o,,,
one newspaper for the period OF co DAYS.
Notice u be published 10 eonseertiv.
weeks in weekly newspapers, and IA dslv
newspapers 60 days must elspse between M
frat and last insertions.
Where the Register d esignAtes the silvi lam.
OF q newspaper for publication Of notices a !
mining application for patent II 10 not com.
phance WITH law TO change to the weekly an.
ton OF the same paper without authority Of
the Register.
The existence OF salt spring on 4 tract n,
land withdrsws 1t from the operation q The
homestead n presumption laws. A hearing
for the purpose Of proving the sgricultursl
character Of such land Is not allowed. Land
containing valuable deposits OF slate may BE-
entered under the mining Acts.
OVERS CLAIMS.
Adverse claimants must file 8 separate uJ
distinct claim against each application whic,
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in IN adverse claim, once fled
cannot be Withdrawn, but becomes part Of III
record.
When an adverse claim has been fled II can
not be amended so as to embrace q larger Dc,
ton OF the premises than that described Ii IN
origfnsl adverse claim.
An adverse claim must be made ont ID
proper form and filed In the proper local oRa
during the period OF publication Of the Appls
cation for the patent to be effective.
1t is the duty OF the adverse clsimsni ,
commence suit in proper form within the n
quired time, and If he trusts The uncsrAi
medium Of the United States mail be mi
abide the consequences, shonld the cF
ensue, through misfortune or accident. ShaA
the failure to suit be the resaia
the corrupt or dishonest action Of his stisrag
the Interior Department csnnot redress u
wrong.
An adverse claimant should set forth IN DE-
tail the facts upon which he bases his sdvefss
claim. A statement in general terms, embodf
ing conclusions Of law, without stating ne
facts specially, will not be considered tn ss
dence.
An adverse claimant should show Q compB'
ance with the local law in recording bis elsin
and in regard to expenditures. and shsll hs !
copy Of the original notice OF his locsnon' ia
show the nature or extent Of the conlla
alleged.
An allegation Of parties to a suit that nv
compose the company Is sufficient, and w
| original locstors or the Identical parties We
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is of little. II any value. forigt.
cultural purposes, but 10 essential 70 te
proper development Of mining elfma u
should be disposed OF under the MiningAc 9
Where lands containing valuable minfl
deposits ave been included in an sgrieuilaih
entry, said entry will be Cancelled u 10y ums
prior to issuance OF patent, upon ssisiae'gv
evidence OF the existence Of such vslsaOie ~
posits. .,
Where valuable deposits Of mineral ne as.
covered upon 9 tract sitter the same ias osca
en- tered az agricultural, but before ! kenI has
been issued, the parties claiming tne Ml'
may make application for patent LOT ssms,
and the agricultural entry will be canceiea y
that portion of tho land embraced Oy saw
mining claim. a,
Where mineral deposits are discovered :.
agricultural lands after the patent . hs nd
issued to IN agricultural claimant, thsy ""
with the patent. ~
Agricultural College scrip csnno' % :"
ceived in payment for claims.
A foreigner may make a mining location y.
dispose OF IL. provided he becomes = yin, \.
before disposing of the mine. PROOF inss NJ n
party was not 9 citizen before disposlnso :
claim must be afirmatively shown. .,hs
Locatore and intermediate owners XII -,
than applicants, will not be presumed A a%r
In the absence Of allegation or oojecHon y"
to issuance Of patent. ..,ann
The portion of q mining claim soio !,
alien cannot be patented while suon oNns' /,
an alien: but on his declaration 20 pecups
citizen his right dates back to ms puISSs sta
aud he may thereupon secure Uhi'oaS
patent for his claim.
CROSS LEDaxs.
Revised statutes. Section 2,336: ...d
Where two or more lodges cross or inss' nd
each other. priority Of title shall eovosInn as
auch prior location shall be entitled 70 : =
or mineral contsined within the space o. nave
section. but the subsequent location sss'i intsr.
the right Of way through the space = snian.
section for the purpose OF tne y A. r,crs
working of the mine. And where WI VA shall
veins unite the Oldest or prior loos nn,sn, 10.
take the vein below the pointos ""
Guiding all the space of interseehoh'
TUNNELS. :,
Tbere In no authority Of law ioi 1oSstion