Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-05
MISCELLANEOUS.
=
..-.FoR....
OWNERS AND L0CAT0RS
....oF....
MI ES .


APPLICATION FOR PATENT.
Where papers hsv- 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the record, and can neither be Withdrawn nor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 to the Gen
ersl Land Once.
An application will be rejected when the de-
scriptlon u 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 .
new paper 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
An application for patent will be rejected
when the survey Goes not accurately define the
boundaries OF the claim.
ancA with law.
Where several parties own separate and dis
tinet portions Of . claim, application for
psteut 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 .
patent.
A person or association may purchase as
| many placer locations as the local law admits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced In
one application for 3 patent except for placer
claims embracing two or more lodes within
| their boundaries.
Papers sworn to before any person purport-
ing 10 act a. . deputy for the Register and Re
eeiver cannot be recorded ss evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
1 a Afsra 4 q In 1aFfdh ssAynnnktrn n~A a-aI-Is-n
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
occupation, possession and enjoyment of the
same"
Publication Of notice must be made o 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
Arst and last insertions.
Where the Register designates the daily issue
Of . newspaper fer pubiiest.cu Of notices of .
mining application for patent II is not q COM
/ plianee with law to change TO the weekly edi-
ZION Of the same paper without authority of
the Register.
The existence Of q salt spring on . tract Of
land vithdrsws it 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 msy be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
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 q part Of the
record.
When an adverse claim has been fled ID can
not be amended so as TO embrace g larger per-
ton OF the premises than that described in the
| original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local Off &c
during the period Of publicstion Of the sppl-
cation for the patent to be effective.
II Is the duty Of the adverse claimant to
ommence suit in proper form within the re-
CURED time, &nd IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
tie failure to commence suit be the resalt OF
the corruption dishonest sction 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
lain A statement in general terms, embody-
ing Conclusions Of law, without stating the
facts specially, will not be considered Ia evil
Gence.
An adverse claimant should show q compli-
Arce with the local laws in recording hts claim
and in regard to expenditures. and shall nile 9
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 il sufficient, and they
are not required TO prove that they are the
original ~iocstors or the identical parties who
| present the adverse claim.
AGRIcULTURAL on MINERAL LANDS.
Where land is Of little, If any value, for agri-
cultural purposes, but IL essential to the
proper development of mining claims, ii
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an Agricultural
entry, said entry will be cancelled SO any time
prior TO issuance Of patent, upon satisfactory
evidence Of the existence of such valuable de-
posin.
Where valuable deposits OF mineral are dis
covered upon 3 tract sitter the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
that portion of the land embraced by said
mining claim.