Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-17

INFOR NATION
FOR.
AND L0CAT0RS
~....OF....
. ELS :
APPLICATION FOR PATENT.

APPLICATION FOR PATENT
Where papers have once been filed with the
Register and Receiver they become 9 part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted 70 the Cen
eral Land Once.
An application will be rejected when the de-
scription Of the premises ID erroneous or In
suficient. -
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 Q
newspaper designated a. published nearest the
-Third-Record title was found defective.
Fourth-A previous application had been
made for the same premises, which was with
| drawn pending . suit in Court commenced by
| the adverse claimant.
An application for patent will be rejected
| when the survey does not accurately defne 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 . claim, application for
| patent may be made by either for tn ct portion
| OF the claim owned by him. but where several
| parties own undivided interests in Q mining
| claim all should join in an application FOR .
patent.
many placer locations ~ the local law admits,
and embrace them all In one application for .
patent.
| one application for O patent except for placer
| claims embracing two or more lodes within
| their boundaries.
papers sworn to before any person purport-
ing to set ss . deputy for the Register and Be
ceiver cannot be recorded % evidences.
In sll patents for mining claims sttuated
within the interior boundaries Of . town site
. clsuse 10 inserted excepting and excluding
all town property, rights upon the surface,
and sli 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
occupstion, possession and enjoyment OF the
same"
Publication Of notice must be made u only
one newspaper for the period Of 60 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 Register designates the daily Issue
of q newspaper fer publication OF ncsices Of .
mining application for patent IL 10 not Q COM
plianee with law TO change TO the weekly edi-
ZION of the same paper without authority Of
the Register.
The existence Of Q salt spring on 9 tract Of
land withdraws IL from the operation Of the
for the purpose OF proving the agricultural
character Of such land IL not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle o separate and
| distinct claim against each application which
1t 10 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 tbs
| record.
when an adverse claim has been fled 1t can
not be amended so 10 to embrace q larger por-
ton Of the premises thar that described In the
| original adverse claim. s.
An adverse claim must be made ont in
proper form and filed in the proper local office
during the period OF publication Of the applt-
cation for the patent to be effective.
It is the duty Of the adverse claimant 10
commence suit In proper form within the re-
Quiree time, and If he trusts ths uncertain
medium OF the United States mail he must
abide the consequence, should the delay
ensue, through misfortune or accident. Should
the failure 70 suit be the resalt OF
the eorrupto or dishonest seton OF hts attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the fscts upon which he bsses his sdverse
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 8 compli.
snee with the local laws in recording his claim
and In regard 10 expenditures. and shall ale .
copy OF the original notice Of his location. and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to 9 suit that they
compose the company 10 SUFFICIENT. and they
are not required to prove that they are the
original locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LASps
Where land is OF little. II any value. for sgri.
cultural purposes, but IL 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 ap agricultural
entry, said entry will be cancelled ~ any time