Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-08-23
MISCELLANEOUS.
APPLICATION FOR PATENT.

Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be TO the Gen.
ersl Land ONCE.
An application will be rejected when the de-
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 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 claimant.
An application for patent will be rejected
when the survey Goes 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 g claim. application for
| patent may be made by either for tha 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 as the local lsw 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
claims embracing two or more iodes 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,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provemeDts 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 go days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must eispse between the
frat and last insertions.
Where the Register d esignates the q ally ISSUE
of q newspaper for publication Of notices of 9
mining application for patent ii 10 not q com
pliance with law to change to the weekly edi
lion of the same paper without authority Of
the Register.
The existence Of q salt spring on 9 tract Of
land withdraws 1T from the operation Of tn,
homestead and presumption laws. A hearini
for the purpose of proving the agriculture
character of such land is not allowed. Lane
Containing valuable deposits Of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate ant
distinct claim against each application which
1t Is alleged conflicts with the premises owneC
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, but become s q part of tn
record.
When an adverse claim has been filed ii can
not be amended SO as to embrace a larger per
ton Of the premises than that described In tn,
original adverse claim.
An adverse claim must be made out IN
proper form and hled in the proper local ofac
during the period OF publication Of the appli
cation for the patent TO be effective.
1t is the duty of the adverse claimant IL
commence suit in proper form within the re-
CURED time, and If he trusts The uncertain
medium of the United States mail he mus;
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the RESI- 1t Of
the cor rupto 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 evi.
dence.
An adverse claimant should show 9 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 a suit that they
compose the company is sufficient, and they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little. IL 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 lands containing valuable mineral
deposits have been included in an Agriculturai
entry, said entry will be Cancelled 1t any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon o tract sitter the same sas been
entered as agricultural, but before / ,tent has
been issued, the parties claiming tho mine
may make application for patent for same,
and the agricultural entry viii be cancelled to