Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-09
MISCELLANEOUS.
INECR NATION
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OWNERS AND L0CAT0RS
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MI I'M II :
APPLICATIONS FOB PATENT.

" AAAAN
Where papers have oEce been hled with the
Register and Receiver they become . part Of
the record. aud can neither be Withdrawn nor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
sufdcient.
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 paper 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 . suit in Court commenced by
| the adverse claimant.
Al 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 tns portion
Of the claim owned by him: but where several
parties own undivided interests in Q mining
claim sll should join in an application for 9
patent.
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 s 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 Be
ceiver cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries OF 9 town site
Q clause is in erted 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 elapse between the
fret and last insertions.
Where the Register designates the daily issue
Of o newspaper for publication of notices Of .
mining application for patent it is not . COM
plisnce with law to change to the weekly edi-
ton Of the same paper without authority Of
the Register.
The existence Of 9 salt spring on q tract OF
land withdrsws 1T from the operation Of the
homestead and pre-emption laws. A hearing
for the purpose of proving the agricultural
character Of such land IL not allowed. Land
containing valuable deposits OF slate may be
l EHtGEC0 "a tAU al AVE.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse laimAnt
The papers in an adverse claim, once filed,
cannot be Withdrawn, but becomes Q part Of the
record.
When an adverse claim has been hled II can.
not be amended so as 10 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 old e
during the period Of publication of the appli-
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant 10
commence suit in proper form within the re-
CURED time, and If he trusts ihe uncertain
medium OF the United States mail he must
abide the consequences, should the delsy
ensue, through misfortune or accident Should
the failure to suit be the resllt Of
the corrupto or dishonest action of his attorney.
the Interior Department cannot redress the
wrong
An sdverse 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 IN evil
dence.
An adverse claimsnt should show q compli.
snce with the local laws in recording his claim
and in regard to expenditures, aud shall nile a
| OVp9 VI tue original uOtiCo VI his ADCAtlOD, ana
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
compose the company lie sufhcient, and they
are not required to prove that they are the
original ~locators or the IDENTICAL parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value. for agri-
cultural purposes, but is essential to the
1 nfnnGF daua1Cvvoant ~ rafnfra Id a.
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled a, any time
prior TO issuance of patent, upon satisfactory
evidence Of the existence Of such valuable de-
posts.
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
NAV make Hpnlfcatfou for Dafent for a.r,a