Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-02-28
MISCELLANEOUS.
r MATION
.~...FOR....
OWNERS AND L0CAT0RS
or.
MI M ELS
APPLICATION ZOE PATENT.


where papers have once been fled with the
Register and Receiver they become Q part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted 10 the uen-
ersl Land Once. 49,
An application will be rejected when the de-
scription OF the premises II ERRONEOUS ~
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 publfsheo IN .
newspaper designated as published nearest the
T~hird-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was VIII
drawn pending q 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 wasSpot located In accord
where several parties own separate and dis
tinct portions of o claim, application Tor
patent may be made by either for that portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
clsim sll 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 sll In one application Tor Q
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 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 8 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 sll 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 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers so days must elapse between the
first and last insertions.
Where the Register designates the daily Issue
| mining application for patent Ii Is not q COM
plisnce with law to change to the weekly edi-
ton of the same paper without authority OF
the Register.
The existence Of . salt spring on Q tract Of
land withdraws ii FROM the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land IL not SLOWED. Land
containing valuable deposits OF slate may be
| entered under the mining Acts.
ADVERSE CLAIMS.
| Adverse claimants must file o separate and
| distinct claim against each application which
| 1t lie alleged conflicts with the premises owned
by such adverse claimant.
| The papers in an adverse claim, once filed,
cannot be withdrawn, but becomes . part OF the
| record.
When an adverse claim has been fled II can
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 offic %
during the period of publication OF the appli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant TO
commence suis in proper form within the re-
CURED 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 suit be the res 1t Of
the eorrupto 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 hts adverse
claim. A statement in general terms, embody-
ing conclusions OF law, without stating the
facts specially, Will not he 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 .
copy Of the original notice of his location, and
show the nature or extent of the conflict
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little, II any value, for sgri-
cultural purposes. but 10 essential to the
proper development Of mining claims, 1t
should be disposed of under the Mining Act.
Where lsnds containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled at 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 sitter 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,