Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-07-30
MISCELLANEOUS.
APPLICATION FOR PATENT.

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the record, and can neither be Withdrawn nor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.
Second-The notice was not published In q
newspaper 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 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 was not located In accord
Where several parties own separate and dis
tlnct portions of q 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 q mining
claim all should join in an application for q
| 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 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 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
o clause is ins erted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal Inn
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 u only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers and in daily
newspapers go days must elapse between the
first and last insertions.
Where the Register designates the daily issue
of q newspaper fer publication of notices of 9
mining application for patent 1t Is not q com
pliance with law TO change to the weekly edi
ton of the same paper without authority Of
the Register.
The existence OF q salt spring on q tract Of
land withdrAws 1t 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. Lane
containing valuable deposits of slate may b,
entered under the mining Acts.
:. ADVERSE CLAIMS.
duftIbo tidlLuhutb Aib u separate ALI
distinct claim agstnst each application which
1t 1s alleged conflicts with the premises ownet
by such adverse claimant.
! The papers In an adverse claim, once filed
cannot be withdrawn, but becomes a part of tn
2 record.
When an adverse claim has been filed 1t can
3 not be amended SO as to embrace q larger per
8 ton OF the premises than that described In tn,
3 original adverse claim.
5 An adverse claim must be made out IL
(, proper form and filed In the proper local ofdc,
1 during the period OF publication Of the sppli
. cation for the patent to be effective.
! 1t is the duty of the adverse claimant tc
IN suit in proper form within the re-
/ CURED time, and If he trusts the uncertain
I medium Of the United States mail he must
: abide the consequences, should the delay
Q ensue, through misfortune or accident. Should
the failure to commence suit be the resGlt OF
: the corrupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
0 tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions Of law, without stating the
I facts specially, will not be considered In evil
a dence.
: An adverse claimant should show a compli.
E ance with the local laws In recording hts claim
and In regard to expenditures, and shall nle O
copy of the original notice of his location, and
2 show the nature or extent Of the conflict
1 alleged.
An allegation Of parties to a 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
r present the adverse claim.
81 Anpycryy rrrp.r on nxy,rro.x x