Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-04
INFOR NATION
....F0R...s
OWNERS AND L0CAT0RS
.~...OF....
M e. q .
APPLICATION FOR PATENT.

the record, and can neither be Withdrawn nor
returned, but must be to the Gen.
ersl Land Office.
scription of the premises is erroneous or in
| 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 p designated ss published earestthe
claim.
Third-Record title was round defecuve,
and
Fourth--A previous application had been
| made for the same premises, which was with
drawn pending q suit i'll 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 W separate and dis
tinct portions of q claim, application for
| patent may be made by either for tina portion
Of the claim owned by him; but where several
| parties own undivided interests in q mining
| claim all should join IL an application Tor u
patent.
A person or association may purchase ss
| many placer locations as the local law admits,
and embrace them all In one application Tor 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-
| ceiyer cannot be recorded ss evidence.
In all patents for mining claims situated
within the interior boundaries OF Q town site
| q clause Is In erted excepting and excluding
all 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 80 days.
Notice must be Published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Registered esignstes the daily issue
of q newspaper for publication OF notices OF 3
mining application for patent IL is not q COM
pliance with law to change to the weekly edi-
tion of the same paper without authority OK
the Register.
The existence Of q salt spring on q tract of
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 ia not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate and
/ distinct Claim against eacn RppucAtlon winch
1t Ia alleged conflicts with the premises owned
by such adverse N
The papers in sn adverse claim, once hled,
cannot be Withdrawn. but becomes q part OF the
record.
When an adverse claim has been fled it can.
not be amended 30 az to embrace q larger por.
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 publicstion Of the sppli-
cation for the patent to be effective.
1t is the duty OF the adverse claimant 10
suit In proper form within the re-
Quired time, and if he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to m suit be the res at OF
the cor rupt 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 o compli.
ance with the local laws in recording his claim
and in regard to expenditures. and shall nile q
copy Of the original notice of his location. and
show the nature or extent Of the conflict
alleged.
An allegation of parties to @ suit that they
COLupOe6 tue Company IL bunCAout, auu tucy
are not required to prove that they are tbs
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
u Where land is of little, II any value, for agri
cultural purposes, but 10 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 agriculture
entry, said entry will be cancelled at 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
I covered upon 9 tract sfter the same 1as beer
entered as agricultural, but before / stent hal
l been issued, the parties claiming the mint
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 pas
with the patent.
Agricultural College scrip cannot be re
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location AMI
dispose Of IL. provided he becomes o citizel
I, before disposfng OF tine mine. Proof that tn
party was not o citizen before disposing OF hi
, claim must be afirmatively shown.
Locators and intermediate owners, othe
: than applicants. will not be presumed aliens
In the absence of allegation or objection prio
to issuance OF patent.
The portion of o mining claim sold to 81
alien cannot be patented while such owner 1
an alien; but on his declaration to become
citizen his right dates back to his purchase
lud he may thereupon secure United State
patent for his claim.
CROSS LEDoEs.
Revised Statutes. Section 2,33G:
Where two or more lodges cross or intergec
each other, priority Of title shall govern. an,
such prior location shall be entitled to ell or
or mineral cont. ined within the space of inter
section. but the subsequent location shall hav,
the right of way through the space of inter
section for the purpose OF the convenien
working OF the mine. And where two or nor,
veins unite the olde. t or prior location shsl
take the vein below the point of union, In
: Guiding all the space of intersection.
:. TUNNELS.
There Ia no authority OF law for a tunne
location 5000 by ], 800 feet. A proper Location
IL the width OF the tunnel for 5000 feet.
There 10 no provision OF law for patentint
tunnel loo atoms, but lodes discovered in run
ming a tunnel may be patented In like name,
as other lodes.
Ths right Is granted to tunnel ownera +c