Page:Federal Reporter, 1st Series, Volume 1.djvu/534

 526 FEDERAL REPORTER. �trial ; or it can be taken to a higher tribunal, where the error will be corrected. But if you disregard the law as given to you by the court, and commit an error, it cannot be known on what error you acted. Therefore, there is no means of correcting your errors of law; but errora of fact may, perhaps, be corrected. You will, therefore, regard strictly the law as given. you by the court, but you yourselves will determine the facts of the case. �Counsel on one side have presented a large number of instructions, and on the other side a less numbei:, I have forty odd 'pages of instructions asked by one side. I shall not attempt to read these instructions. They are generally disconnected, and, even if correct, would serve rather toconfuse than to illustrate. AU, however, could not be given. I will state to counsel here that I shall only give such of their instructions as are covered by the general charge, and in my own language, as it will be delivered to the jury. In othei respects, except as given in my own language, their instruc- tions will be refused. �By an act of congress which took effect May 10, 1872, ail valuable minerai deposits in lands belonging to the United States were declared to be free and open to exploration and purchase by citizens of the United States, and those who have declared their intention to become such, under regula- tions prescribed by law, and according to the local customs or rules of minera in the several mining districts, bo far as applicable and not inconsistent with the laws of the United States. �In order to acquire any right of location and purchase under this act, a party seeking to acquire such right must either be a citizen of the United States, or must have de- clared his intention to become such. If, therefore, Smith, or any other locator under whom plaintilï claims, was not a citizen, or had not declared his intention to become such at the time of making his location, he acquired no right, under the act, by virtue of such location. And whether Smith, or any other of such locators, was, at the time of his location, a citizen, or had declared his intention to become such, is a ��� �