Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-12
MISCELLANEOUS
MO
~.,.FoR....
OWNERS AND L0CAT0RS
....OF....
MI ELS.
APPLICATION FOR PATENT.

/ Where papers hGvs once been nIeu Win INC
Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land ONCE.
An application will be rejected when the de-
scription of the premises 10 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 .
newspaper designated IS published nesrestthe
claim.
Third-Record title was found defecuve,
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending . suit II Court commenced oy
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 . claim. application for
patent may be made by either for that 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 q
patent.
A person or association may purchase as
many placer locations a. the local law admits,
and embrace them all In one application for .
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 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 q town site
q clause Is inserted excepting and excluding
all town property, rights upon the surface,
Il and sll 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
3 one newspaper for the period of 60 days.
ri Notice must be published 10 consecutive
I weeks in weekly newspapers, and in daily
. newspapers go days must elspse between tht
e fret and last insertions.
Where the Register d esignste the daily Issue
s of q newspaper fer publication Of notices OF q
4 mining application for patent it IL not . com
!. plfance with law TO change TO the weekly edi
! tion Of the same paper without authority OF
q the Register.
l.: The existence OF 3 salt spring on q tract Of
land withdraws 1t from the operation Of tbs
Homestead and presumption laws. A hearinl
for the purpose of proving the agriculture
o character of such land Is not allowed. Lane
d containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE LAM.
: Adverse claimants must Ale Q separate an(
distinct claim against each application which
. it 10 alleged conflicts with The premises ovnet
by such adverse claimant
q The papers in an adverse claim, once filed
' cannot be Withdrawn. but becomes . part Of thu
8 record.
When an adverse claim has been filed II can
Q not be amended so As to embrace o larger per
e ton OF the premises than that described in tht
6 original adverse claim.
. An adverse claim must be made ont In
: proper form and filed In the proper local ofics
b during the period Of publication Of the sppli
. cation for the patent 20 be effective.
II is the duty of the adverse claimant tc
. commence suit in proper form within the re-
o quired time, and IL he trusts abe uncertain
I medium OF the United States mail he must
y abide the consequences, should the delay
G ansue, through misfortune or accident. Should
the failure 10 commence suit be the result Of
: the corrupt or dishonest action Of his attorney,
y 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, enbody
ing conclusions OF law, without stating the
! facts specially, will not be considered in eyi.
y dence.
: An adverse cIaiman. should show Q compli.
J ance with the local laws in recording his cisim
: : and in regard 10 expenditures. and shail nle q
copy OF the original notice OF his location, and
: show the nature or extent OF the oonfie,
. alleged.
An allegation of parties to q suit that they
compose the company IL SUFFICIENT, and they
are not required to prove that they are the
a original ~locators or the identical parties who
> present the adverse claim.