Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-11
MISCELLANEOUS.
INEOR
....FOR....
OWNERS AND L0CAT0RS
....oR....
MI M ES .
APPLICATION yoR PATENT.


Where papers have once been fled with the
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the record, and can neither be Withdrawn nor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 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 saline 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 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
tlnct 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 Q mining
claim all should join in an application for 9
patent.
many placer locations as the local law admits.
and embrace them all in one application for o
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 evidences.
In all patents for mining claims situated
within the interior boundaries of . 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 Inn
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 60 days must elapse between the
| fret and last insertions.
Where the Register designstes the daily issue
of q newspaper for publication of notices of q
| mining application for patent ii is not q COM
plisnce With law TO change to the weekly eel
ZION Of the same paper without authority OF
the Register.
The existence of q salt spring on a tract OF
land withdrsws ii from the operation of the
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 be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
| by such adverse
The papers in an adverse claim, once filed
cannot be withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed ii can
not be amended SO as to embrace q larger per-
I tim NJ tho nrnnfaaa h that daSarfbal IN an a
original adverse claim.
| An adverse claim must be made out in
proper form and filed In the proper local Office
during the period of publication of the sppli-
cation for the patent to be effective.
1t is the duty of the adverse claimant TO
commence suit in proper form within the re-
quired 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 corrupt 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 evil
dence.
An adverse claimant should show q compli-
ance with the local laws in recording hts claim
and IN regard to expenditures. and shall ME q
copy Of the original notice OF his location, and
show the nature or extent Of the conflict
| alleged.
An allegation of parties to 8 suit that they
compose the company 10 sufficient, and They
are not required to prove that they are the
original l~ocAtors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little, If any value, for agri-
| cultural PURPOSES, but is essential In the
| proper development of mining claims, IL
/ shnuld ha disnnsed of undex The N4niua a