Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-09-01
MISCELLANEOUS.
APPLICATION FOR PATENT.

Where 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the record, and can neither be Withdrawn nor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.
S~econd-The notice was not published in q
new p 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 g suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey Goes 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
pateut 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 q
patent.
A person or association may purchase as
many placer locations rs 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 a deputy for the Register and Re
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
Q clause is inf 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
proyeInents not belonging to the grantee hero
In. and all rights necessary or proper to til,
occupation, possession and enjoyment OF tbs
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be pablished 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between tn,
frat and last insertions.
Where the Register esignates tbedsily issn,
of g newspaper fer publication of notices of
mining application for patent ii is not q com
pliance with law TO change to the weekly edi
zion of the same paper without authority o.
the Register.
The existence of a salt spring on : tract o.
land withdrAws it 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.
4 ADVERSE CLAIMS.
Adverse claimants must file q separate AM
distinct claim against each application which
1t is alleged conflicts with the premises owne.
by such adverse claimant.
/ The papers In an adverse claim, once filed
cannot be withdrawn, but becomes a part OF tn
record.
When an adverse claim has been filed II can
not be amended so as to embrace a larger per
ton of the premises than that described in tn,
original adverse claim.
An adverse claim must be made out ii
proper form and filed in the proper local ofic
during the period OF publication Of the sppli
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 if he trusts The uncertain
medium Of the United States mail he mus
abide the consequences, should the delay
ensue, through misfortune or accident. ShouIc
the failure to commence suit be the result OF
the corruption 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 evt.
dence.
An adverse claimant should show a compli
ance with the local laws In recording his claim
and in regard to expenditures. and shall nile q
copy Of the original notice of his location, aud
show the nature or extent OF the conflict
! alleged.
An allegation of parties to a suit that the,
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. If any value, for agri
4 nntfn.- r.-.u 1& d.