The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1921-03-05

beginning at corner No. 1,
pine post four inches square,
marked u. 8. sSs p. 1. thence
by courses and distances north
westerly to corner No. 2. pine
post four inches square, marked
U. s. Csc p. 2. these two cor
ners being undisputed; thence
second course. south so degrees
and As minutes west 1900 feet to
corner NO. 3, thence third course
south twenty-one degrees and
nine minutes east. six hundred
feet to corner No. 4. It then
grants the said mining premises
hereinbefore described and all
that portion OF the veins. lodes
or ledges the tops or apexes of
which lie inside OF the surface
boundary lines of said granted
premises in said lot $50. ETC..
with a proviso combining the
right of possession Of such out
side parts Of said veins, ETC.. to
such portion thereof as lie be-
tween vertical planes drawn
downward through the end lines
of said lot No. 689."
DETERMINED BY Law
Furthermore. the grant d Of the
said mining premises hereinbefore
assumed in the same sen-
tence to be the lot designated by the
General as lot No. ees; and
when 1t was observed that It is the
duty of the Surveyor General to see
that the lot is identified by monu-
ments on the ground, the presump-
ton becomes almost irresistible that
corner No. g. and corner No. 4
mean corners determined as they are
required to be determined by the
law.
"One statutory foundation OF =
mining claim is that the location
must be distinctly marked on thu
ground so that its boundaries can be
readily traced To obtain q Latent
the claimant must file in the proper
land office, along with his applica-
tion,' a plat and field notes Of the
by or under the direc-
ton of the United States Surveyor
showing accurately the
boundaries OF the claim-which shall
be distinctly marked by monuments
on the ground He must also file q
certificate of the Surveyor General
that the plat is correct, with such
nirther description by such reference
to natural objects or permanent
monuments as shall identify the
claim and furnish an accurate de-
scription to be Incorporated in the
JUNIOR PATENT GRANTED
.It is the reference to natural OBJ
jects or monuments that is to be in
Before the application
is filed. notice of 1t must be posted ON
the ground. The register subsequent
ly advertises the application In q
etc., and If no adverse
claim is made and the other condi-
tions are complied with, the patent is
granted. The notice is jurisdictional.
therefore. q patent can
convey only the claim as to which
notice has been given. A notice Of
an application for patent OF land
determined by monuments cannot
give priority to junior location. such
as was that of the Conkiing Mining
Company In respect of land outside
the monuments. to which adjoining
claimants had no notice that pat
ent would purport to extend.
COURT CERTAIN OF EvIBENCE
I'VE are satisfied that evidences
that the field notes.. as the regula-
tions of the department required.
showed marked posts at the third and
fourth corners was admissible, and
that witnesses properly were allowed
to testify that they found posts upon
the ground. The district judge who
saw and heard the witnesses was sat-
isfied that they told the truth. and
thereupon rightly determined that
the monuments SO fixed controlled
the courses and distances in the in
strument evidencing the grant. We
see no sufficient reason for disturbing
the finding of the trial court upon
the factao