Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-25
MISCELLANEOUS.
APPLICATION FOB PATENT.


Where papers hAvs once been filed with the
Register and Receiver they become g part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted TO the Gen.
ersl Land once.
An application will be rejected when the de-
seription 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 paper designated IS 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 Adyeese
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.
snce with Law.
Where several parties own separate and dis
tinct portions Of . claim, application for
Of the claim owned By him; but where several
parties own undivided interests in Q mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations IS the local law admits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more loaes within
their boundaries.
Papers sworn TO before any person purport-
| ing to act as q deputy for the Register and Re
\ ceiyer cannot be recorded IS evidence.
In all patents for mining claims situated
within the interior boundaries of Q town site
9 clause is inserted Excepting and excluding
sll 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 70 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 co days must elapse between the
first and last insertions.
Where the Register designAtes thedaily issue
Of q newspaper for publication of notices of q
mining application for patent it is not . com
plisnce With law 10 change to the weekly edt'
lion Of the same paper without authority Of
the Register.
The existence Of 9 salt spring on 8 tract OF
land withdrAws ii from the operation of tn,
Homestead and presumption laws. A hearing
for the purpose of proving the Agriculture
character Of such land IL not allowed. Land
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate Ant
distinct claim against each application which
1t Is alleged conflicts with the premises ownet
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be withdrawn, but becomes part OF tn
record.
When an adverse claim has been filed IL can
not be amended so as to embrace 9 larger per
ton OF the premises thsn that described In tn,
original adverse claim.
An adverse clsim must be made out il
proper form and filed in the proper local ofic'
during the period of publication of the appli
cation for the pstent to be effective.
1t is the duty of the adverse claimant Il
suit in proper form within the re
quired 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 commence suit be the resRl. OF
the corrupto or dishonest seton Of his sttsraey
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 evi.
dence.
An adverse claimant should show 9 compli.
snce with the local laws in recording his claim
and in regard TO expenditures. and shall hle q
copy OF the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties 10 9 suit that they
compose the company IL sufficient. and the
are not required to prove that they are the
original ~locstors 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, IL
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 81 any time