Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-05
MISCELLANEOUS.
APPLICATION FOR PATENT.

HACkC pdHCE OuCC AAS . 49,
Register and Receiver they become q 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the record, and can neither be Withdrawn nor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 - published nearesft In
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending o 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 9 claim, application for
patent may be made by either for mat 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 az
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 8 patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport-
| ing to act as a deputy for the Register and Re
ceiver cannot be recorded as evidences.
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
| provements not belonging to the grantee here
occupAtion, possession and enjoyment OF tn
| same"
Publication of notice must be made q onl,
one newspaper for the period Of 60 days.
Notice must be published 10 CONSECUTIVE
weeks in weekly newspapers and in dali,
newspapers 60 Days must elspse between tn
frat and last insertions.
Where the Register d~esignAtes thedaily issui
of q newspaper fer publication OF notices Of
mining application for patent 1t is not . com
pliance with Law to change to the weekly edt
ton Of the same paper without authority o
the Register.
The existence Of a salt spring on |. tract o
land withdrsws 1t from the operation Of tn
Homestead and presumption laws. A hearinl
for the purpose of proving the Agriculture
character Of such land 10 not allowed. Lam
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE elaine.
Adverse claimants must file 9 separate an,
distinct claim against each application whicl
IT is alleged conflicts with The premises owne
by such adverse claimant.
The papers in an adverse claim, once hled
cannot be withdrawn. but becomes 9 part OF tn
record.
When an adverse claim has been nled IL can
not be amended so a. to embrace q larger pei
ton of the premises than that described in tn
original adverse claim.
An adverse claim must be made ont ii
proper form and filed In the proper local oficl
during the period Of publication OF the appli
cation for the patent TO be effective.
1t is the duty Of the adverse claimant 4
commence suit in proper form within the re
quired time, and IL he trusts abe 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 result Of
the corrupt or dishonest action of his attorney
the Interior Department cannot redress th'
wrong.
An adverse claimant should set forth in de
tail the facts upon which be bases his adverse
claim. A statement In general terms, embody
ing conclusions Of law, without stating tn,
facts specially, will not he considered In evi
dence.
An adverse claimant should show Q compli
Arce with the local laws in recording his CLAIM
and In regard TO expenditures. and shall ME
copy Of the original notice OF his location, ant
show the nature or extent OF the oonnic
alleged.
An allegation OF parties to q suit that the,
compose the company is SUFFICIENT. and the,
are not required TO prove that they are sh'
original ~locators or the identical parties vhG
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little, II any value, for sgri
cultural purposes, but 10 essential to tn.
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 Agriculture
| entry. said entry will be cancelled Al snv tims