Page:Federal Reporter, 1st Series, Volume 1.djvu/542

5ai FEDERAL REPORXEB. �contain the name, or names, of the iocator or locators ; the date of the location, and suoh a description of the claim, or claims, loeated, by reference to some natural or permanent monument, as would identify the claim. �The natural objecta or permanent monuments here referrcd to are not reqaired to be on the ground loeated, although they may be; and the natural object may consist of any fixed natural object; and such permanent monument may consist of a prominent poat or stake firmly planted in the ground, or of a shaft suuk in the groand. The record of each loca- tion of the North Noonday, Keystone, and East Noonday North, introduced by plaintiff in evidence, contained the names of the locators, the date of their location, and a de- scription of the claim loeated, by reference both to a shaft and to stakes planted in the ground having notices of the location thereon. �If you are satisfied, from the evidence, that these records were in fact made, (and there is no evidence to the eontrary,) and that the descriptions of the several claims loeated therein contained, by reference to the natural and permanent monu- ments mentioned, were such as would identify the claims with reasonable certainty, then you will find the records sufficient and valid in this particular, otherwise insufficient. �As there bas been much comment upon the record of the East Noonday North location, I think it proper to call your attention more particularly to it. �The record appears to be a copy of the notice plaeed on th© claim, and would, doubtless, so be understood by a miner reading it for information. A. person reading the record would be informed by it that the owners of the Noonday claim were the claimants, and that the claim was named the East Noonday North, probably, with reference to the Noonday claim; that it was loeated on Silver Hill, a natural, well- known object.; that the claim commenceJ at a stake with a notice on it, of which the record is a. copy, plaeed east of the l:^;Qonday shaft, which is a permanent object, having, as the testimony tends to show, already existed eight or ten years. ��� �