Page:Federal Reporter, 1st Series, Volume 1.djvu/530

 522 federal eeporteb. �The Noeth Nookdat Mining Co. v. The Oeibnt Miniko Co. �(Circuit Oowt, D. California. March 4, 1880.) �ONiiT CmzENS CAH LoCATB MiNmo Claims. — Under the act of congress of May 10, 1872, relating to the public minerai lands, noue but citizens of the United States, and those who have declared their intention to be- come such, can acquire any right to such lands by location. �How Natuealized, and Mode op Pboop. — A. foreign born son of an alien may becorae a citizen by being naturalized, or by the naturalization of his father, during his minority ; but whether he orhislather was so natural- ized or not, is a question of fact for the jury ; and, as tending to prove that fact, the affldavit of the party himself is competent evidence for ail purposes of said act of May 10, 1872. �Power dp Minbrs to Limit Width op Lodb CiiAma.— By implication, the act of May 10, 1872, confera upon the miners the right to limit the width of a Iode claim to 25 feet on each aide of the middle of the vein. �MiNBKs' R0LES Mdst bb ik Fobce. — But, to be of any validity, a rule or custom of minera must not only be established or enacted, but must be in force at the time and place of the location. It does not, like a stat- ute, acquire validity by the mere enactment, but from customary obe- dience and acquiesoenee of the miners. It is void whenever it falls into disuse, or is generally disregarded. �Question op Fact. — It is a question of fact for the jury whether or not a mining law or custom is in force ; but, when shown to have been in force, the presumption is that it continues in force until the contrary is proved ; and paroi evidence is admissible to show whether the rule or custom is in force or not. �Dbpikition dp Vein ob Lode. — A. vein or Iode authorized to be located is a seam or fissure in the earth'a crust fllled with quartz, or some other kind of rocli, in place, carrying gold, silver, or other valuable minerai deposits named in the statuts. It may be very thin or many feet thick, or irregular in thickness ; and it may be rich or poor, provided it con- tains a trace of any of the metal» named in the statute. �DiscovBBT OP A Vein. — N« rights can be acquired, under the statute, by location, before the discovery «f a vein or lode within the limita of the claim loeated. �DiscovBRT oP Vein apteb Location. — But a location ia made valid by the discovery of a vein or lode at any time after the location, provided that such discovery is made before any valid location of the same claim by other persons. �Other Veins than thosh Disco^^EriED. — Whare a valid location is made upon a vein or lode discovered, the locator is not only entitled to the vein discovered, but toevery other vein aud lode throughout itaentire depth, the top or apex of which lies within the surface Unes of the claim ex- ��� �