 But the court refused to give this instruction, and the plaintiff excepted to the refusal.The court charged the jury, among other things, that it was in evidence, and seemed to be conceded, that the notice on the stake put up by Carroll contained no specification or description of the territory claimed by the locators, as that they claimed a number of feet on each side of the discovery or in any direction therefrom, and "in this respect," said the court, "the notice was deficient, and under it the locators could not claim more than the very place in which it was planted.Elsewhere on the same lode or vein, if it extended beyond the point in controversy, any other citizen could make a valid location, for this notice, specifying no bounds or limits, could not be said to have any extent beyond what would be necessary for sinking a shaft," and also that to entitle the plaintiff to recover, "it should appear from the evidence that Boaro entered at the very place which had been taken by Carroll, because, as Carroll's notice failed to specify the territory he wished to take, it could not refer to or embrace any other place than that in which it was planted."