Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-08-09
MISCELLANEOUS.
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the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Cen
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 a
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 a 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 . mining
claim all should join in an application for .
patent.
A person or association may purchase as
many placer locations as 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 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 a 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
o clause Is inserted 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
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 elspse between the
frat and last insertions.
Where the Register designstes thedsily 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-
tion of the same paper without authority of
the Register.
The existence Of o salt spring on Q 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.
i 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 1t can
a 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 Off e
during the period OF publication OF the sppli-
cation for the patent TO be effective.
1t Is the duty Of the adverse claimant to
commence suit in proper form within the re-
CURED time, and If be 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 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 10 evil
dence.
An adverse claimant should show q compli.
anoe with the local laws In recording hts claim
and. in regard to expenditures. aud 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 the
original ~locators or the identical parties who
present the adverse claim.
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