Page:Federal Reporter, 1st Series, Volume 1.djvu/541

XOBTH NOONDAÏ MINING 00. ». OBIENT MINING CO. 533 �or claim they shall be placed. Any marking on the ground claimed, by stakes and mounds and written notices, whereby the houmlaries oî the claim located can be readily traced, ia sufficient. �If the center Une of a location of a lode-claim lengthwise along the Iode be marked by a prominent atake or monument at each end thereof, upon one or both of which is placed a written notice showing that the locator claims the length of said line upon the Iode from stake to stake, and a cer- tain specified number of f eet in width on each sida of said line, such location of the claim is so marked that the bounda- ries may be readily traced; and, so far as the marking of the location is concerned, is a sufficient compliance with the law. �If, tlierefore, as the testimony tends to show, the locator of the North Noonday mining claim planted a prominent stake at a shaf t snnk in the earth on a vein. Iode or ledge, upon the norlheiD side of which was placed a notice, stating that he claimed 1,500 feet on "this the Noonday Quartz Lode," in- cluding ail the dips, spurs, angles and feeders, together with ?.00 feet on each side ; that said claim begins at a point in the center of a small shaft about one-fourth of a mile northerly from Queen Bee Hill, and extends thence in a northerly direc- tion 1,500 feet to a post and mound upon which is inscribed "Noonday Quartz Lode, Charles Smith's Northern Boundary," and erects such mound and stake at said northern boundary, and marks said inscription thereon, the location is distinctly marked on the ground, so that its boundaries can be readily traced within the meaning of the act, and is a compliance with the iaw in that particular. The same principle is equally applicable to the Keystone location, and to that of the east Noonday North. �There is testimony tending to show that the rule and cus- tom of miners in Bodie district, at the time the several loca- tions under which plaintiff claims were made, required mining claims to be recorded. If you find such to have been the rule or custom in force at the time, then a record was necessary, otherwise not. �In order to make a Talid record, it was necessary for it to ��� �