Page:Federal Reporter, 1st Series, Volume 1.djvu/543

 NOSTH NOONDAY MINING 00. V. ORIENT MINING 00. 535 �and extended in a northerly direction from the stake 1,500 feet by 50 feet on each side. �There was, then, in the record, a description of the loca- tion with reference to Silver Hill, a natural object, and the Noonday shaft, a permanent object, and it is for the jury to determine whether a miner, seeking information from this record, could go to the permanent object, the Noonday shaft on Silver Hill, and thence east, and find the stake and notice pointing ont the location on the ground with reasonable cer- -tainty. If so, the jury will be justified in finding that there is such a description of the claim in the record, with reference io Bome natural or permanent object, as to identify it, and that the location is valid in this particular, It was not nec- essary for the claimants to finally mark the location on the ground till after the record was made, and the testimony ■tends to show that the location was not fuUy completed till the next day after the record was made, when the locators planted this stake with the notice on the south Une of the «laim, and of the North Noonday claim 100 feet east of the Noonday shaft, with another at the northerly end, and that this became the final location on the ground, and which, the testimony tends to show, was ever after claimed, and subse- quently surveyed, and stakes placed at the corners. �If the jury find that the location was at that time aetually marked upon the ground by stakes and notices, sa that its boundaries could be readily traced in the manner I before in- Btructed you, was sufficient with reference to the North Noon- day claim, then the location was sufficient in this particular also. �The testimony also tends to show that, prior to any rights being acquired by the defendant, plaintiS's grantora, in addi- tion to the Iode line stakes set up at the location of their several claims, planted other stakes and monuments at the various corners of their claims, thus forming a parallelogram 1,500 feet long by 300 feet wide, including the Keystone, East Noonday North, and a portion of the original North Noonday claims, with a line of five stakes on each end of the parallelogram; and that they and the plaintiff renew'ed these ��� �