Mining Claims—Validity of Location Under State Statute—Prior Valid Location.—A location of a mining claim made subsequent to the passage of the state statute of March 27, 1897, “prescribing the manner of locating mining claims,” must depend for its validity upon a compliance with the provisions of that act, if the ground was open to location; but if a valid location was made prior to that statute, and remained in force, no valid location could be made under the statute.

Id.—Location Under Act of Congress—Marking of Boundaries.—A location made prior to the passage of the act of March 27, 1897, in the absence of local usages or customs, must he governed as to its validity exclusively by the Revised Statutes of the United States, and especially by section 2324 thereof, requiring that “the location must be distinctly marked on the ground so that its boundaries can be readily traced.”

Id.—Ultimate Fact—Identification of Claim—Question for Jury.— The ultimate fact to be determined as to a location made exclusively under the act of Congress is the placing of such marks upon the ground as will identify the claim, by being of such character that its boundaries- can be readily traced; and it is a question for the jury, or for the court sitting as a jury, to determine whether this has been effected.

Id.—Sufficiency of Findings — Masks of Location — Tbacing of Boundaeies.—Where marks of location specifically found by the court are of such a character that it is evident that the “boundaries can he readily traced,” the findings will he sufficient, though they do not state that fact in express words.

Id.—Monuments on the ©bound.—In considering the question whether the boundaries of the claim can be readily traced, not only are monuments placed at the corners of the claim at the inception of the location to be considered, but also all other objects or monuments placed on the ground prior or subsequent -to the location, for the purpose of marking or identifying it, without regard to the mode of identification.

Id.—Sufficiency of Masks and Monuments.—Where the plaintiff located two adjoining quartz claims, each marked at the corners by four oak stakes, two of the stakes being On the dividing line, in the center of which was an oak tree blazed on each side, upon each side of which the ledge was uncovered, and upon which tree notices of location were placed, describing each claim by courses and- distances from the tree and from stake to stake, to the place of beginning, and deep cuts were subsequently made in the ledge, and a house was built near the dividing line, in which the plaintiff’s men were living, the location is sufficiently marked upon the ground.

Id,—Notices of Location.—The posted notices of location cannot he substituted for the marking; but they may be an aid in determining the situs of the monuments, and constitute a part of the marking, and are not of minor importance where the location is followed by the actual and continued working of the claim.