Page:Federal Reporter, 1st Series, Volume 1.djvu/532

 624 FEDERAL EBPOBTER, �As To Location and Salb bt ah Alien. — If, in the attempt by an alien to locate a claim, he performs ail the acts necessary to a valid location by a citizen, and then conveys such claim to a citizen, who takes posses- sion and continues to perform ail the conditions required by law to liold such claim, such citizen thereby acquires and holds a valid title to the claim so located by the alien, as against ail persons having acquired no right therein before such conveyance by the alien. �Joint Location bt Citizen and Alien. — If a citizen and an alien jointly locate a claim, not exceeding the amount of ground allowed by law to one locator, such location is valid as to the citizen, and a convey- ance from both of such locators to a citizen gives a valid title. �Coeporation when Dbemed a Citizen.— a corporation organized and existing under the laws of California, is to be deemed a citizen in the sense of the act of congress of May 10, 1872. �What 18 Actual Possession. — A person who has purchased a mining claim which had been properly located and marked out on the ground, and who is, personally or by agents, upon the claim, working and devel- oping it, and keeping up the boundary stakes and marks thereof, is not mei'cly in the constructive possession of such claim, by virtue of mining laws, but is in the actual possession of the whole claim. Such posses- sion is a ponsemo pedis, extending to the boundary lines of the claim. �This was an action in the nature of an action of trespass upon a Iode mining claim, in the Bodie mining district, Cal- ifornia, in which the defendant pleaded title to the locus in quo. �The case was removed from the state court to the circuit court of the United States, where it was tried by a jury. �Stewmrt, Vanclief e Herrin, for plaintiiï. �R. M. Clark and George B. Merrill, for defendant. �Sawyee, J., (in charging jury.) Gentlemen of the jury, I congratulate you that we are apJ)roaching the conclusion of this trial. It has run through many days, but has not been without interest. �The questions that bave been presented are many, and some of them difficult ; but the case has been thoroughly pre- pared. It has been zealously, exhaustively, and ably tried and argued on both sides. Whatever great ability, great zeal, thorough preparation, and a thorough knowledge of the subject is able to contribute, has been contributed to explain and illustrate this case. Science has also been called into exercise. You have had a glass model here, which shows you the internai condition of these mines. You have had another ��� �