Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-11
MISCELLANEOUS.
INFORMATION
....FOR....
OWNERS AND L0CAT0RS
....OR....
MI i M E q .
APPLICATION FOR PATENT.

APPLlCAItON fOh PAIhNIs
Whore 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the record, and can neither be withdrawn nor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 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
new spaper 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 9 suit in Court commenced by
| the adverse
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
| tlnct 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 O
| patent.
A person or association may purchase as
| many placer locations as the local Law admits
1AN
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 rs q deputy for the Register and Be
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries Of o town site
Q 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 u only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In dsily
newspapers 80 days must elspse between tn,
first and last insertions.
Where the Register designates thedaily issu,
Of a newspaper fer publication of notices of
mining application for patent 1t is not 8 com
pliance with law to change to the weekly edi
tion of the same paper without authority o.
the Register.
The existence Of q salt spring on Q tract o.
land withdrsws 1t from the operation Of tn
Homestead and presumption laws. A hearing
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 claimants must file Q separate am
distinct claim against each application whicl
II Ia 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 IL can
not be amended so as TO embrace q larger pcr
ton OF the premises than that described In tn
original adverse claim.
An adverse claim must be made ont II
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 claimant Il
suit in proper form within the re
quired time, and II he trusts ths uncertaii
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 resnlt o.
the corrupt or dishonest action of his attorney
the Interior Department canno redress tn,
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 III,
facts specially, Will not be considered 10 evi
dence.
An adverse claimant should show o compli
Rnce with the local laws in recording hts claim
and in regard 20 expenditures. aud shall nle
copy of the original notice of his location, sut
show the nature or extent OF the conficI
alleged.
An allegation Of parties to a suit that the,
compose the company Is sufficient, and theJ
are not required to prove that they are tn,
original ~locstors or the Identical parties VIII
present the adverse claim.