Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-24
MISCELLANEOUS
MOE
FOR.
OWNERS AND L0CATORS
....OF....
MI NES.
APPLICATION FOR PATENT,

APPLICATION 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the record, and can neither be Withdrawn nor
eral Land Office.
An application will be rejected when the de-
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register,
Second-Ihe notice was not published in q
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor the same premises, which was with
drawn pending u 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
tinct portions Of . claim, application for
patent may be made by either for tn at 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 as
many placer locations 81 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 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 90 evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
. clause IL inserted Excepting and excluding
all tow property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal Inn
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 O newspaper fer publication of notices of q
mining application for patent 1t is not q COM
pliance with law TO change to the weekly edi-
ton OF the same paper without authority OF
the Register.
The existence Of q salt spring on . tract OF
land withdrsws it from the oper alton Of the
Homestead and presumption laws, A hearing
for the purpose OF proving the agricultural
character of such land 10 not SLOWED. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle. 9 separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes g part Of the
record.
When an adverse claim has been filed IL can.
not be amended so az to embrace a 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 ofic
during the period Of publication OF the appli.
cation for the patent to be effective.
1t is the duty Of the adverse laiman to
suit in proper form within the re-
quired time. and II he trusts the uncertain
medium of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to M suit be the result OF
the cor fupto or dishonest action of his attorney,
the Interior 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 In evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording hts claim
and in regard to 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 a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are tbs
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little, If any value. for agri-
cultural purposes, but 10 essential to the
proper development Of mining claims, IL
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 st 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 q 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 cancelled to
that portion of the land embraced by said
mining claim.