Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-29
MISCELLANEOUS.
APPLICATION For PATENT.

Register ana h6ce1Ver they become o part VI
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen.
eral Land Office.
An application will be rejected when the de-
scription of the premises 10 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 designsted 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.
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 o 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 o 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,
and embrace them all in one application for O
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 q deputy for the Register and Re-
ceiver snnot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of 9 town site
Q clause Is inserted excepting and excluding
all own property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal Inn
49, .f-8 T. - kbn 0.Az Tao "a.
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
first and last insertions.
Where the Register designates thedaily issue
of q newspaper fer publication Of notices of q
mining application for patent 1t is not a 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 Agriculture
character of such land 10 not allowed Lane
containing valuable deposits Of slate may bt
entered under the mining Acts.
ADVERSE CLAIMS.
Il ADVERSE CLAIMANTS must ME Q separate ant
distinct claim against each application which
It is alleged conflicts with the premises ownet
by such adverse claimant.
The papers in en- adverse claim, once filed
cannot be withdrawn, but becomes q part Of tn,
record.
/ When an adverse claim has been filed Ii can
not be amended 30 as to embrace q larger per
ton OF the premises than that described in tn,
original adverse claim.
An adverse claim must be made out il
| DrODer form and filed I'm the DrOnar local ont ~
during the period of publication OF the sppli'
cation for the patent to be effective.
1t is the duty of the adverse claimant ia
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 delay
ensue, through misfortune or accident. Should
the failure to commence 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 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 nle q
copy OF the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An elegs1on OF parties TO q 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.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. II any value, for agri-
cultural purposes, but is essential to the
proper development of mining claims, 1t
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in al agricultural
entry, said entry will be Cancelled ., any time