Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-26
MISCELLANEOUS.
APPLICATION FOB PATENT.

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the record, and can neither be Withdrawn nor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 ia erroneous or In
sufficient.
Application for patent will be rejected be-
csuse:
First The notice was published without the
knowledge of the Register.
second-The notice was not published In Q
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 Q suit in Court commenced by
| the adverse claim ant.
An application for patent will be rejected
when the survey does not accurately dehne tne
| 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 o claim, application FOR
patent may be made by either for tn at portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim all should join in an application for q
patent.
A person or association may purchase ss
many placer locations as the local Law admits,
and embrace them all in one application for Q
patent.
Two or more lodes cannot be embraced in
one application for a patent except for placer
clsims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
ing TO act as 9 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
. clause Is inserted 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
anne"
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 60 days must elspse between the
frat and last insertions.
Where the Register esignstes thu daily issue
of q newspaper fer publication Of notices of q
mining application for patent it is not 9 com
pHance with law TO change to the weekly edi'
ZION Of the same paper without authority Of
the Register.
The existence Of 8 salt spring on 9 tract OF
land withdrAws 1t from the operation Of tbs
Homestead and pre-emption laws. A hearing
for the purpose Of proving the Agriculture
character Of such land 10 not allowed Land
containing valuable deposits of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file O separate anc
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 tht
| record.
When an adverse claim has been hled ii can
not be amended 80 as 70 embrace q larger per
ton Of the premises than that described in ths
original adverse claim.
An adverse clsim must be made out In
| proparf ovvn and diad In tha INCOMES In1aI o<fn ~
during the period Of publication of the sppli.
cation for the patent 70 be effective.
1t is the duty Of the adverse claimant 10
commence suit in proper form within the re-
CURED 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 suit be the result of
the corrupto 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
ing conclusions OF law, without stating the
facts specially, Will not be considered in evil
dence.
An adverse claimant should show . compli.
snce with the local laws in recording his claim
and In regard TO expenditures, and shall his .
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to q 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 Or MINERAL LANDS.
Where land is Of little, II any value, for agri-
cultural purposes, but is essential to the
proper development Of mining claims, 1t
should be disposed Of under the Mining Act.
Where land containing valuable mineral
deposits have been included in an agriculture al
entry, said entry will be cancelled II any time
prior to issuance of patent. upon satisfactory
evidence of the existence of such valaAble de-
posts.
Where valuable deposits of mineral are dis.
covered upon . tract after the same ass been
entered as agricultural, but before / stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled to