Samuel Freeman Miller

“ By the first of these sections the applicant for a patent for a mining claim is required to file with his applicat on the evidence of his right to it, and the register is to cause a publication of the application to be made for 60 days, during which time any adverse claimant to any part of the location described in this application is required to give notice of contest by filing a protest in the land-office. ”

“ We can see no reason, in justice or in the nature of the transaction, why the excess may not be rejected and the claim be held good for the remainder, unless it interferes with rights previously acquired. It appears by the facts found that 140 feet of the east end of plaintiffs' location is lost to them by the superior right of the Tip Top claim, leaving only 60 feet of excess; and this, if it were necessary, might be excluded by the government at the other or western end of the claim when it comes to issue the patent ”

“ In September, 1881, the case was tried before the court without a jury, and a judgment was rendered, from which plaintiffs appealed to the supreme court. That court modified the judgment of the court below materially in favor of plaintiffs, and to that judgment the Richmond Mining Company, the defendant below, prosecutes this writ of error. ”

“ It is argued that, by reason of the failure to pay these fees within the time required by the statute of Nevada, the court acquired no jurisdiction of the case until after the 30 days within which, by the foregoing section, the action was to be commenced ”