Page:Federal Reporter, 1st Series, Volume 1.djvu/540

 532 fsdebàl bëfoaxeb. �hîs location, and of ail veîns, Iodes, and ledges, throughout their entire depth, the top or apex of which lies inside of siich surface lines extended downwards vertically, although such veins, Iodes, or ledges may so far depai-t from a perpendicu- lar in their course downwards as to extend outside the ver- tical side lines of such surface location," That is to say, if the plaintiffs or their grantors discovered a minerai vein or Iode in the ISforth Noonday claim, and made and have now in ail respects a valid location of that claim, then they are not only entitled to the particular vein or Iode so discovered and located in said claim, but to ail other minerais, veins, Iodes, and ledges, throughout their entire depth, the top or apex of which lies inside of their surface lines extended vertically downwards, to which no righfc had attached in favor of other parties at the time their location became valid, although such veins. Iodes, or ledges may so far depart from a perpen- dicular in their course downwards as to extend outside the vertical side lines of the surface location. If the plaintiff has a valid claim to 600 feet wide, then its right extends to aU such veins or Iodes, under the conditions stated, so witliin the surface lines bounding the 600 feet drawn vertically down- wards; and, if the vein in question is one of the veins having its top or apex within such surface lines drawn vertically downwards, its right extends to and includes that vein. If it has a valid claim to 100 feet wide, and only so much, then to such veins or Iodes within the 100 feet lines. �The same principle and instruction applies to the Keystone and Bast Noonday North claitns. If the plaintiff has a valid location to those claims, or either of them, then it is entitled to ail the veins or Iodes under similar cireumstances, the apices or tops of which lie within the surface lines of such valid location, or locations, extended vertically downwards. �The next point to which I shall call your attention, gentle- men of the jury, is the location. To make a valid location, under the statute, it is required that "the location must be dis- tinctly marked on the ground, so that its boundaries can be readily traced ; " but the law does not define or prescribe what kind of marks shall be made, or upon what part of the ground ��� �