Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-08-28
MISCELLANEOUS.
APPLICATION FOR PATENT.

Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be 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 pubushed In .
newspaper 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 q suit in Court commenced by
the adverse claimant.
Ar application for patent will be rejected
when the survey Goes not accurately denne 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 q claim. application for
/ pate.lI may be made by either for that 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 IS
many placer locations as the local law admits,
and embrace them all in one application for d
patent.
Two Ut nOIc lOuth ChuuOb Dc tulD hScA AZ
one application for q 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 IS evidence.
In all patents for mining claims situated
within the interior boundaries OF 9 town site
d clause IS Inserted" excepting and excluding
sl town property, rights upon the surface
and all houses, buildings, structures, lots
| hlOcNa Rtraqta- AllEy9 or other mnniClnAl I'm.
provements not belonging to the grantee here
In, and all rights necessary or proper to tbs
occupation, possession and enjoyment OF thu
same"
publication of notice must be made o oniY
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in dailI
newspapers 80 days must elspse between thu
first and last insertions.
Where the Register designstes the d ally issu,
of 9 newspaper for publication Of notices of
mining application for patent it 10 not 9 com
plisnce with law to change TO the weekly edi
zion of the same paper without authority O
the Register.
The existence of q salt spring on q tract o
land withdraws IL from the operation Of tn,
homestead and presumption laws. A nesrinl
for the purpose OF proving the Agriculture
character OF such land IL not allowed. Lam
containing valuable deposits of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate an
distinct claim against each application whicl
II 10 alleged conflicts with the premises owne'
By such adverse claimant.
The papers In an adverse claim, once fled
cannot be Withdrawn. but becom es q part Of til
record.
When an adverse claim has been filed ii can
not be amended so as TO embrace a larger pGr
ton Of the premises than thst described in tn
original adverse claim.
An adverse claim must be made out il
proper form and filed in the proper local ofic
during the period Of publication OF the appli
cation for the patent to be effective.
1t is the daty Of the adverse claimant Il
suit in proper form within the re
quired time, and If he trusts ihs uueertaiI
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 res 1t VI
the corrupt or dishonest action Of his attorney
the Interior Department, cannot redress tn,
wrong.
An adverse claimant should set forth 10 de
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody
ing conclusions of law, without stating tn,
facts specially, viii not be considered In evi
dence.
An adverse claimant should show 9 compli
ance with the local laws In recording hts claim
and in regard to expenditures q. and shall nile
copy Of the original notice of his location, ani
show the nature or extent Of the confic
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 tn
original ~locstors or the identical parties whs
present the adverse claim.