Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-06
MISCELLANEOUS.
APPLICATION FOR PATENT.

Mnere papers nave once Deen uieu Win tuo
Register and Receiver they become Q 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the record, and can neither be Withdrawn nor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-
scription Of the premises IL 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 nearest the
claim.
Third-Record title was found defective,
and
made for the same premises, which was with
drawn pending 9 suit in Court commenced by
the adverse
An application for patent will be rejected
whent the survey does not accurately define the
boundaries OF the claim.
Where the claim was not lecsted In accord.
ance with law.
Where several parties own separate and dis
tinct portions of . 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. +
many placer locations IS 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 q patent except for placer
| claims embracing two or more lodes withtE
their boundaries
Papers sworn to before any person purport
| ing 70 act as . deputy for the Register and BE
| ceiver csnnot be recorded as evidences.
| In all patents for mining claims situated
within the interior boundaries of . town sit'
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
In, and all rights necessary or proper to th'
occupation, possession and enjoyment OF tn
same-"
Publication Of notice must be made n onI,
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In dali.
newspapers 90 days must elspse between tn
fret and LAST insertions.
Where the Register desfgnstes the daily issu,
of Q newspaper fer publication of notices Of
mining application for patent 1t is not . com
pliance with law TO change TO the weekly edi
ton Of the same paper without authority o
the Register.
land withdrsws 1t from the operation Of tn
Homestead and presumption laws. A heartni
for the purpose OF proving the AgrtculturA
character of such land is not allowed. Lam
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate an
distinct claim against each application whicl
IL is alleged conflicts with the premises owne'
by such adverse claimant.
The papers In sn adverse claim. once hled
cannot be withdrawn, but becomes . part Of tn
record.
When an adverse claim has been hled 1t can
not be amended so a. TO embrace o larger pCf
ton OF the premises than that described in tn
original adverse claim.
An adverse claim must be. made out II
proper form and filed In the proper local ofic
during the period Of publication OF the sppli
cation for the patent to be elective.
Il Is the duty of the adverse claimant T.
commence suit in proper form within the re
quired time, and IL be trusts The uncertain
medium OF the United States mail he mus
abide the consequences, should the delal
ensue, through misfortune or accident. SHOULD
the failure to commence suit be the result o.
the corrupt or dishonest action OF his attorney
the Intsrisr Department cannot redress TIL
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases his sdvers'
claim. A statement in general terms, embody
Ing conclusions Of law. without stating tn
facts specially, will not be considered In evt
dence.
An adverse claimant should show . compii
ance with the local laws In recording hts CLAIM
and In regard TO expenditures. and shall Tile
copy Of the original notice of his location. Ant
show the nature or extent o. the confic
alleged.
An allegation Of parties 10 3 suit that the,
compose the company 10 sufficient. and the!
are not required to prove that they are tn
present the adverse claim.