Page:Federal Reporter, 1st Series, Volume 1.djvu/531

 NORTH NOONDAY MINING 00. V. OBIENT MINING 00. 523 �tended vertically downwards, to which no right had attached in favor of other parties at the time the location bocame valid, although such veins or Iodes may so far depart from a perpendicular as to extend outside of the vertical side lines. �How Location to bb Marked. — A location of a mining daim must be dis- tinctly marked on the ground, so that its boandaries can be readily traced, but the law does not deflne or prescribe what kind of marks shall be made, or upon what part of the ground or claim they shall bô placed. Any marking on the ground claimed, by stakes, mounds and •vvritten notices, whereby the boundaries can be readily traced, is suffl- cient. If the center line of a location of a Iode claim, lengthwise, b« marked by a promineut stake or monument at each end thereof, upon one of which is placed a written notice showing that the locator claims the length of said line upon the Iode, from stake to stake, and a speci- fied number of feet ia width on each side of said line, such location is so marked that the boundaries may be readily traced ; and, so far as the marking of the location is concerned, is a sufficient compliance with the law. �EiGHT op Subsequent Locator to Objbct. — A subsequent locator has no right to object that the flrst location was not sufflciontly marked on the ground at the time of the location, or before recording, provided that such flrst location was sufflciently marked on the ground before any valid subsequent location of the same claim. �As TO Record dp a Mining Claim. — ^Wherearuleorcustomof miners, in force, requires a location to be recorded, such recording is necessary; otherwise, not. To make s valid record it must contain the names of the locators, the date of the location, and such a description of the claim, by reference to some natural or permanent monument, as will identify the claim ; but such natural objects or permanent monuments are not required to be on the ground located, although they may be, and the natural object may consist of any flxed natural object, and such perma- nent monument may consist of a prominent post or stake flrmly planted in the ground, or of a shaft sunk in the ground. If, by reference to any such natural object or permanent monument, the claim recorded can be identified with reasonable certainty, the record will be sufficient in this particular ; otherwise, not. �Work Necbssaby to Hold a Claim. — The statute requires $100 worth of work on each claim located after May 10, 1872, in each year, and in default thereof authorizes the claim to be relocated by other parties, pro- vided the flrst locator has not resumed work upon it. But if the flrst locator resumes work at any time after the expiration of the year, and before any relocation is made, he tliereby preserves liis right to the claim ; and no other person has any right to relocate it after such resumption of work, in good faith, by the flrst locator, even though the latter had failed to perform any work for the period of one year or more immedi- ately before he resumed work. ��� �