Stephen Johnson Field

“ It is undoubtedly true that judicial notice is not taken of purely private concerns, when they are not connected with, or necessarily involved in, a matter of a public nature; but it is otherwise when they are so connected or involved. For example, a court will take notice of the boundaries of the state or territory where it holds its sessions, and of judicial districts, and municipal subdivisions within it. ”

“ Their lode was located under an act of Montana of December 26, 1864, and the act of congress of May 10, 1872. The act of Montana provided that notice of the discovery of any lead, lode, or ledge should be filed for record in the office of the recorder of the county in which the same was situated within 15 days from the date of discovery, and that at the same time an oath should be taken before the recorder that all the claimants were bona fide residents of the territory. Sess. Laws Mont. 1864, p. 328. The act of congress does not require an affidavit. ”

“ It erred, therefore, in excluding the notice of the defendants' location for the omission stated, because no proof was offered of the distance of the disputed ground from the seat of government, where the act took effect on the day of its passage. ”