Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-02
MISCELLANEOUS.
= r
FOR.
OWNERS AND L0CAT0RS
....OF....
MI IL 9 .
APPLICATION FOR PATENT.

VhCEo n OhAV OtNA LAtA WeNAA Wv
Register and Leceiver they become q 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the record, and can neither be Withdrawn nor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 published in q
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 & suit in Court commenced by
the adverse
All 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 Jaw.
Where several parties own separate and dis
tinct portions of Q 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 q
patent.
A person or association may purchase as
many placer locations as the local law admits.
and embrace them all In one application for 9
patent.
| Two or more lOoes cannot De 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 rs evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
Q clause is n Inserted excepting and excluding
sll tow property, rights upon the surface,
and all houses, buildings, structures, lots,
| hlocka Stranfa- allpVH 0r other munfctDal 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
first and last insertions.
Where the Register designstes the daily issue
of q newspaper for publication of notices of q
mining application for patent 1t is not Q COM
pliance with law TO change to the weekly edi-
uon of the same paper without authority Of
the Register.
The existence OF q salt spring on o tract of
land withdraws it from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land ia 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
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be Withdrawn, but becomes q part of the
record.
When an adverse claim has been filed IL can.
not be amended so as to embrace a larger por-
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 OH e
during the period of publication of the appli-
cation for the patent to be effective.
1t is the duty OF the adverse claimant TO
suit in proper form within the re-
quired time, and If 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 commence suit be the result of
the corrupt 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 his claim
and in regard to expenditures. and shall nile o
copy of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties TO . suit that they
compose the company 10 suhhcient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is OF little, IL any value. for agri,
cultural purposes, but 10 essential to the
proper development Of mining claims, ii
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 81 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,