Is the Penos Alto No. 1 valid if located in 1906, well after the Happy Strike, but purportedly lying within the Highland and Happy Strike lodes? The vein would be crossed over the Happy Strike entirely.
The notice of location recorded for the Penos Alto No. 1 lode was never amended, so there is only the description within, which as shown below reads it is a full sized claim 1500’ x 600’ lying in and easterly/westerly position on the ground with 750 feet running in either direction from the discovery shaft.
The point of discovery is depicted by J.J. Fisher on the 2424 plat, is consistent with the field notes.
However the angle running in either distance is inconsistent with itself, inconsistent with its purported corners, and inconsistent with its location notice. The ‘surveyed’ corners and side lines, and end lines for that matter are all inaccurate if relying on M.S. 2424, the official record.
The lode/vein line running from the discovery shaft is only 554.5 feet easterly, and a mere 1’ westerly, until the claim hits the side line of the 1904 located Happy Strike. Regardless of the notice of location, the westerly corners of the Penos Alto No. 1 have been depicted by J.J. Fisher at 1000’ and 860’ respectively, well beyond the 750’ feet maximum that the lode could contain, and in contradiction to the mining law.
554.5’ and either the 860’ or 1000’ ft are does not equate to 1500’.
The lode is stated on notice to be situated about 2000’ in a southern direction from Derby stamp mill and hoisting works. We know there is no Derby claim to the north. If this 1906 statement is to be read under the understanding that the fictitious Derby stamp mill and hoisting works are at the same location, we become lost fast. Is this supposed to be the Puritan works? The only option would be that this description is supposed to be consistent with the plan for the future M.S. 2424 Puritan depicted location, and not the Derby, but simply calling all works ‘Derby’.
This still poses two major issues to resolve. One is the location of the ‘Mill’ as identified in the field notes at N 70* W 298ft from corner no. 1 of the amended Puritan Lode. This is a different location being described, inconsistent with the little Mill box drawn onto the Puritan lode depiction. The second issue is that the Penos Alto No. 1 states it is about 2000’ft south of wherever the area is of issue number one. According to the 2424 plat and being consistent with the field notes, the Penos Alto as depicted on M.S. 2424 is no more than 460 south, and could not be more than 760’ maximum distance to the lode of the claim from the mill of Puritan.
The Puritan mill, if taking the official record literally, and applying the record to the relocated ground where a later Mill was reconstructed to be the spot intended by M.S. 2424, would modify the entire position of all of the 2424 ‘survey’ to such a major degree, that it would render all claims as depicted and all subsequent surveys, plats, subdivisions, etc. faulty.
The side lines must be running at 300’ parallel to the center discovery lode/vein line. Fisher is not depicting this. Fisher has taken in additional ground on the south and reduced ground on the north. There is no explanation for these inconsistencies in the field notes.
