Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-03-04
MISCELLANEOUS.
INFOR
.~...FoR....
OWNERS AND L0CAT0RS
....OF....
MI Els.
APPLICATION FOR PATENT.

APPLICATIONS FOR PATENT.
Where papers have once been filed with the
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the record, and can neither be Withdrawn nor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 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 paper designated a. published nearest the
claim.
T~hlrd-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
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 o claim. application for
pstelt may be made by either for TIA portion
Of the claim owned by him but where several
parties own undivided interests in q mining
claim sll should join in an application for O
patent.
A person or association may purchase a.
many placer locations ss the local law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
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 set as 4 deputy for the Register and Be
| ceiyer cannot be recorded ss evidence.
In all patents for mining claims situsted
within the interior boundaries Of q town site
Q clause is inherited 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
occupstion, 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 elspse between the
frat and last insertions.
Where the Register designates the daily issue
of . newspaper fer publication OF notices Of Q
| mining application for patent Ii IL not Q COM
plisnee WITH law to changs to the weekly edi.
ton of the same paper without authority VI
| the Register.
The existence Of 9 salt spring on 9 tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land is 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 sach application which
| 1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim, once hled,
cannot be Withdrawn, but becomes = part Of thu
record.
When an adverse claim has been fled 1t can
not be amended so as to embrace q larger per-
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and filed 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 m TO
commence suit in proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences, o the delay
ensue,t through misfortune or accident. Should
the failure to commence suit be the res IL OF
the cor upt or dishonest action Of his attorney.
the lnterier Department cannot redress the
wrong.
An adverse claimant 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 ia evil
dence.
An adverse claimant should show @ compli.
sDce with the local laws in recording his claim
and In regard 10 expenditures, and shall nile 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 sufhelent, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
A~eRIcuLTuHAL OF MINERAL LANDS
Where land is of little. II any value. for sgri.
cultural purposes, but 10 essential to the
proper development Of mining claims, 1t
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 1T any time
prior to issuance of patent. upon satisfactory
evidence of the existence OF such valuable de-
posits.
Where valuable deposits Of mineral are dis
covered upon o tract after the same has been
entered as agricultural, but before patent has
been issued, the parties claiming the mine
may make application for patent for same,
and the Agricultural entry will be cknceled IN