Page:Federal Reporter, 1st Series, Volume 3.djvu/375

 a68 FEDERAL ItKPOBTEIt, ���Thb Ibon SiiiVEB MiîTiNQ CoMPANT V. MuEPHT, and others. Ieon Mine v. Loella Mine. �{District Court, D. Nevada. May 28, 1880.» �1. MiNiNO CiiAiMS — Location — Lodb. — Where a location has been made �upon the top or apex of a Iode, the miner ma}' follow it to any depih, although in Its downward course it may enter adjoining land. �2. Same — Same — Same. — No location can bemade on the middle part of �a Iode," or otherwise than at the top or apex, which will enable the locator to go beyond his line. �5. Same— Same — Same. — Quœre, whetlier a location made on the dip of �a vein would not be valld as against ono of a later date higher up. 4L Same-t-Lode — " Top or Apex." — The top or apex of a Iode is the end or edge or terminal point of the Iode nearest the surface of the earth. It is not required that it shall be on or near or within any given distanioe of the surface. If found at any depth, and the locator can deflne on the surface the area which will enclose it, the Iode may be held by such location. �6. Bamb — Bamb — Samb. — A Iode gains a new end »r terminal point by �detachment from a larger mass through the disruption and upheaval of the country in which such mass was situated. 6. Same — Same — Same — Evidence. — In order to defeat a location upon a valuable part of a Iode, in any of the elements which attach to a proper location, by reason of the connection of the Iode with adjacent parts which are barren and worthless, the evidence should clearly establish the connection and unity of the several parts. �Hallett, D. J., (ckarging jury.) I regret that it becomes necessary to ask you to consider a case as important as this at a late hour on Saturday evening, and after a week of such labor as you have endured. If we were not a busy people in this country we might, by going on for three or four hours each day, make it much more comfortable ail around, and I sometimes think that perhaps we would corne to better con- clusions if we could take a little more time for it. But you know how it is with us — we have to hurry along; everybody who cornes here as jurors and witn'esses seems to feel that within the next tbirty days there is something of great ijnportanoe to them to happen, to which they must give their Personal attention; and.sp we try to move in court according to the manuer of doing business lu the country in which we ����