Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-29
MISCELLANEOUS.
APPLICATION FOR PATENT.

Where papers have once been filed with the
Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted 70 the den-
| eral Land Office.
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.
S~econd-The notice was not published In 9
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
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 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.
many placer locations as the local law sdmits,
and embrace them all In one application for q
patent.
Two or more lodes cannot % embraced in
one application for q 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 Be
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
O clause is inserted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
1 $1,000 IL. n. oNhAa woa ARu-
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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers GO days must elapse between the
fret and last insertions.
where the Register designates the d aily issue
of q newspaper for publication Of notices of q
| mining application for patent ii Is not 9 com
plisnce with law TO change to the weekly edi.
ton of the same paper without authority OF
, the Register.
Il The existence Of a salt spring on . tract OF
land withdrsws 1t from the operation Of thu
Homestead and presumption laws. A hearing
/. for the purpose OF proving the Agricultural
> character Of such land Is not allowed. LAND
. containing valuable deposits Of slate may b.
:. entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate ant
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
4 by such adverse M
The papers In an adverse claim, once filed
; cannot be Withdrawn, but become s b part Of tn
record.
:, When an adverse claim has been filed 1t can
! not be amended SO a. to embrace q larger per
! ton OF the premises than that described In tn
original adverse claim.
An adverse claim must be made out ii
proper form and filed in the proper local OH o.
during the period of publication OF the applt
cation for the patent to be effective.
Il 1t Is the duty Of the adverse claimant 4
commence suit in proper form within the re-
! quired time, and II he trusts ihe uncertain
medium OF the United States mail lac mus
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result o.
> the corrupt or dishonest action Of hts attorney
the Interior Department cannot redress thu
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases his Advers,
| claim. A statement In general terms, embody
i ing conclusions of law, without stating tn,
{ facts specially, will not be considered in evi
= dence.
III An adverse claimant should show . compli
ance with the local laws In recording hts CLAIM
! and In regard to expenditures. and shall nle
copy Of the original notice Of his location, ant
y show the nature or extent OF the confiic
I alleged.
An allegation of parties TO a suit that the,
: compose the company is sufficient, and theJ
original ~locstors or the identical parties VIII
T present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.