Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-08-07
MISCELLANEOUS.
APPLICATION FOR PATENT.

Register and Receiver they become 9 part Of
the record, and can neither be Withdrawn nor
| returned, but must be transmitted to the Gen.
eral Land Office.
An application will be rejected when the de-
scription of the premises is erroneous or In
sufficient.
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in a
newspaper designated as published nearestth 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 o suit in Court commenced by
the adverse claimant.
Ar application for patent will be rejected
when the survey does not accurately dehne 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
patent may be made by either for tn lat 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 a
patent.
many placer locations as the local law admits.
and embrace them all in one application for 0
patent.
Two or more lodes cannot be embraced in
IL hpPAAOntAOh " q PottAt CANOPt PAAecA
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 as evidence.
:. 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
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 newspapers. and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register designates the daily Issue
Of Q newspaper for publication of notices of
mining application for patent it is not q com
pliance with law 70 change to the weekly edi
ton of the same paper without authority Of
the Register.
The existence Of q salt spring on q tract Of
land withdrsws 1t from the operation of thu
homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
character of such land is not allowed. Lane
containing valuable deposits Of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate ant
dtsunct claim against eacn application WHICH
1t Ia alleged conflicts with the premises ownet
by such adverse claimant.
A The papers In an adverse claim, once filed
cannot be withdrawn, but becomes o part Of tn
o record.
When an adverse claim has been filed ii can
8 not be amended 30 az to embrace q larger per
. ton of the premises than that described in tn
q original adverse claim.
An adverse claim must be made out ii
proper form and filed in the proper local ofic c.
h during the period Of publication OF the sppli
: cation for the patent to be effective. .
1t Is the duty Of the adverse claimant Il
commence suit in proper form within the re
I quired time. and If he trusts the uncertaiI
I medium of the United States mail he mus
abide the consequences. should the delay
g ensue, through misfortune or accident. Should
the failure to commence suit be the result oil
J. the corrupt or dishonest action OF his attorney
Y the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases his adverse
y claim. A statement In general terms, embody
a ing conclusions Of law, without stating the
. facts specially, Will not be considered Ia evi
y dence.
J snoe with the local laws IN recording his claim
e and in regard 10 expenditures, aud shall nile
! copy Of the original notice of his location, and
show the nature or extent of the confici
J alleged.
An allegation of parties to a suit that they
i compose the company 10 sufficient, and they
are not required to prove that they are tn,
4 original l~ocstors or the identical parties wht
. present the adverse claim.
AGRICULTURAL OR MINERAL LANDS,
Where land is of little, If any value. for agri
cultural purposes, but is essential to tn,
proper development Of mining claims, 81
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultura
entry, said entry will be cancelled 81 any tim
] prior to issuance of patent, upon satisfactor,
evidence Of the existence Of such valuable de
posits.
Where valuable deposits Of mineral are dis
. covered upon a tract after the same las beer
. entered as agricultural, but before / .tent hal
been issued, the parties claiming tho min.
may make application for patent for same
and the agricultural entry will be cancelled t,
q that portion of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant. they pass
with the patent.