Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-08-30
MISCELLANEOUS.
APPLICATION FOR PATENT.

Where papers Lsve once been filed with the
Register and Receiver they become o part OF
the record, and can neither BIO Withdrawn nor
returned, but must be to the Cen
ersl Land Office.
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-Recori 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 Aiman
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.
tinct portions of q claim, application for
patent 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 q
patent.
A person or association may purchase as
many placer locations ss the local law admits,
and embrace them all in one application for a
patent.
Two or more lodes cannot be embraced In
one application for a 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 as evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
| Q clause Is Ina erted Excepting and excluding
sll 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 onl,
one newspaper for the period Of 60 days.
Notice must be published 10 CONSECUTIVE,
weeks in weekly newspapers and In DALI
newspapers 60 days must elspse between tn,
first and last insertions.
Where the Register designates the Tally issu,
of a newspaper fer publication Of notices Of
mining application for patent it 10 not a com
pltance with law TO change 10 the weekly edi
ton of the same paper without authority o.
the Register.
The existence Of a salt spring on q tract O
land withdrsws it from the operation Of tn
homestead and presumption laws. A heariul
for the purpose of proving the agriculture
character Of such land is not allowed. Lam
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claim ants must file 9 separate an
distinct claim against each application whicl
1t Is alleged conflicts with the premises owne,
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but becomes q part Of tn
record.
When an adverse claim has been filed ii can
not be amended SO as TO embrace q larger per
ton of the premises than that described in tn
original adverse claim.
An adverse claim must be made out il
proper form and flied in the proper local off c.
during the period Of publication OF the Appli
cation for the patent to be effective.
1t is the duty of the adverse claimant Il
commence suit in proper form within the re
CURED time, and If he trusts the uncertain
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 result Of
the cor tupt or dishonest action OF his attorney
the Interior Department cannot redress til;
wrong.
An adverse claimant should set forth in de
tail the facts upon which he bases his advers,
claim. A statement in general terms, embody
ing conclusions Of law, without stating tn,
facts specially, will not be considered Ia evi
dence.
An adverse claimant should show 9 compli
ance with the local laws in recording his clsin
and in regard to expenditures. and shall nile
copy Of the original notice of his location, ant
show the nature or extent OF the confic'
alleged.
An allegation of parties TO a suit that the,
compose the company 10 sufficient, and theI
are not required to prove that they are tn
original ~locators or the identical parties VIII
present the adverse claim.