Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-25
MISCELLANEOUS.
APPLICATION FOB PATENT.

Where papers Lave 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the record, and can neither be withdrawn nor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 70 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 o suit in Court commenced by
the adverse claimant.
An application for patent viii be rejected
when the survey Goes 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 that portion
Of the claim owned by him: but where several
parties OWL undivided interests in Q mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations rs the local law admits,
and embrace them all In one application for o
patent.
Two or more iodes cannot be embraced in
one application for 3 patent except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn TO before any person purport.
ing to act as 9 deputy for the Register and Be
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of . town site
. clause 10 ins erted Excepting and excluding
ell 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 ths
occupation, possession and enjoyment Of thu
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 tbs
fret and last Insertions.
Il Where the Register esfgnstee the dsily issu'
Of 3 newspaper fer publication of notices of
! mining application for patent IL is not Q com
pliance with Law 10 change to the weekly edi
tion Of the same paper without authority O
> the Register.
i: The existence of q salt spring on q tract O
land withdrsws 1t from the operation Of tn
Homestead and presumption laws. A hesriDl
| for the purpose of proving the agriculture
2 character OF such land is not allowed. Lam
0 containing valuable deposits Of slate may b
: entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file O separate an
distinct claim against each application whicl
1t 10 alleged conflicts with the premises owne'
4 by such adverse claimant.
II The papers in an adverse claim, once filed
2 cannot be withdrawn, bat become s Q part Of tn
record.
When an adverse claim has been hled IL can
! not be amended 30 a. to embrace q larger pei
) ton of the premises than that described In tn
! original adverse claim.
An adverse claim must be made out II
! proper form and filed in the proper local ofie
! during the period of publication OF the appli
cation for the patent TO be effective.
II is the duty Of the adverse claimant 4
4 suit in proper form within the re
I quired time, and II he trusts the uncertain
medium OF the United States mail he mus
. abide the consequences. should the deIsI
ensue, through misfortune or accident. Should
the failure 10 commence suit be the res IL o
: the corrupt or dishonest seton of his attorney
the Interior Department. cannot redress tn
wrong.
An sdverse claimant should set forth in de
0 tail the facts upon which he bases his advers,
] claim. A statement in general terms, embody
: ing conclusions of law, without stating III
I facts specially, will not be considered in evi
b dence.
} An adverse claimant should show 8 compli
e snce with the local laws IL recording hts CLAIM
] and in regard to expenditures, aud shall nIe
copy Of the original notice OF his location, ans
show the nature or extent OF the conffic
I alleged.
An sliegstion Of parties to a suit that the,
: compose the compsny 10 sufficient. and the.
I are not required TO prove that they are tn
, original ~locAtors or the identical parties VIII,
present the adverse claim.