Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-01
MISCELLANEOUS.
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....FoR....
OWNERS AND L0CAT0RS
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MI ELS.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become o 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the record, and can neither be Withdrawn nor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-
s~cription of the premises 10 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 spsper designated - published nearest the
claim.
T~hird-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 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 Q claim. application for
patent may be made by either for that portion
Of the claim owned by him: but where several
parties own undivided interests In . mining
claim all should Join In an application for .
patent.
A person or association may purchase ss
| many placer locstions as the local law admits.
anu tulDfhCu uCh u ~ buc nppliChto1 y
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 9 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 ins erted excepting and excluding
| all f0Rn nrODarty. FfQhta nn0n the a0rfaCe
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 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 newspspers. and in daily
newspapers 60 days must elspse between the
frat and last insertions.
Where the Register designstes the daily issue
of q newspaper fer publication Of notices of .
mining application for patent IL Is not . COM
pliance with law to change TO the weekly edt.
tion of the same paper without authority Of
the Register.
The existence Of Q salt spring on . tract Of
land withdraws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land IL not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
It is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once filed.
cannot be Withdrawn, but becomes . part OF the
| record.
When an adverse claim has been filed II can
not be amended so as to embrace . larger per-
l tim NJ the pramtaaq than that daacrfbqd I'm tina
original adverse claim.
An adverse cisim must be made out In
| proper form and flied in the proper local office
during the period Of publication of the Appli-
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 II he trusts she uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the res lit Of
the corrupt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse laiman 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 10 evil
dence.
An adverse claimant should show q compli-
snce with the local laws in recording his 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 9 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original ~Iocstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little, II any value, for sgri-
cultural purposes, but IL essential to the
proper development Of mining claims. it
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 ~ any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de-