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California.-Recording in the office of the county recorder seems to be authorized, but is not imperative.1

Colorado.-Within thirty days from the discovery a certificate of location must be recorded in the county recorder's office, which must contain: (1) the name of the claim, designating it as a placer; (2) name of locator; (3) date of location; (4) number of acres or feet claimed; (5) description of claim by reference to natural objects or permanent monuments.2

Idaho.-Within thirty days from the time of location the locator must file for record, in the district in which the same is situated, or in the office of the county recorder, a substantial copy of his notice of location, which must contain: (1) date of location; (2) name of locator; (3) name and dimensions of the claim; (4) the mining district (if any) and county in which the same is situated; (5) the distance and direction of the post on which the notice is posted from such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself the location of the claim. An affidavit of one of the locators must be attached.3

Montana.-The requirements in Montana are substantially the same as in case of lode locations,* substituting the number of superficial feet or acres claimed in place of the number of linear feet and surface area embracing the lode."

Nevada.-The contents of the certificate of location are the same as those required in Colorado, with the

1 Civ. Code, § 1159.

'Mills' Annot. Stats., § 3136.

Laws of 1895, p. 25, §§ xii, xiii, as amended-Laws of 1897, p. 12; Civ. Code (1901), § 2563.

Ante, § 380, p. 493.

Rev. Code, 1895, § 3612.

addition of (6) the kind and amount of work done by him, and the place on the claim where said work was done.1

Utah.-Within thirty days from the date of posting the notice of location a substantial copy thereof must be filed for record in the office of the county recorder, or of the mining district recorder, if there be one.2

Washington.-Within thirty days from date of discovery, the notice of location must be recorded in the office of the auditor of the county in which the discovery was made.3

Wyoming.-Within ninety days after the date of discovery the location certificate must be recorded with the county clerk and ex officio register of deeds. The certificate must contain: (1) the name of the claim, designating it as a placer; (2) the name of the locator; (3) date of location; (4) number of feet or acres claimed; (5) a description of the claim by designation of such natural or fixed objects as shall identify the claim beyond question.*

ARTICLE VIII. CONCLUSION.

§ 463. General principles announced in previous chapter on lode locations apply with equal force to placers.

2463. General principles announced in previous chapter on lode locations apply with equal force to placers.The architecture of existing mining legislation is a composite of incongruous elements-an aggregation of

1 Comp. Laws (1900), § 221.

Laws of 1899, p. 26, § 4; contents of location notice, ante, § 442.

3 Laws of 1899, p. 71, as amended-Laws of 1901, p. 292; contents of location notice, ante, § 442.

Laws of 1888, pp. 89-90, § 22; Rev. Stats. (1899), § 2553, as amended -Laws of 1901, p. 104.

piecework, which does not present, in outline, that symmetrical form or structure which commends itself to the professional eye. There is a total lack of harmonious blending, and it is often difficult to determine what provisions of the law apply distinctively to lode locations, and what to placers; or what, in contemplation of law, is to be applied to both.

The laws governing both classes had a common origin, and during the period when local rules and customs held sway the only differences between them were as to the extent of property rights enjoyed, and such as were made necessary by the difference in the form in which the deposits occurred. But discovery and appropriation were the sources of the miner's title, and continuous development the condition of its perpetuation in the case of both lodes and placers. Congress manifestly recognized these as the basis of its mining legislation, and as a rule the courts have applied the general underlying principles applicable to one class of locations to the other, so far as the nature of the deposits would permit.

The previous chapter on the subject of lode locations, dealing with the location and its requirements, the discovery, the manner of locating, the marking of the boundaries, the changing of these boundaries, and amendment of location certificates, the relocation of forfeited or abandoned claims, applies in the main to placers, except so far as the nature of placer deposits obviously demand a discrimination. There is no extralateral right attached to a placer claim pure and simple. Therefore, the laws as they are construed by the courts, with reference to end- and side-lines and the pursuit of veins beyond vertical planes drawn through surface boundaries, have no reference to placers.

For the purpose of systematic treatment, owing to certain peculiar attributes pertaining to lode locations,

it was necessary to consider the two classes and their mode of appropriation separately. But there are many things in common between them, as we think will be readily observed by a consideration of this and the two preceding chapters.

CHAPTER IV.

TUNNEL CLAIMS.

ARTICLE I. INTRODUCTORY.

II. MANNER OF PERFECTING TUNNEL LOCATIONS.

III. RIGHTS ACCRUING TO THE TUNNEL PROPRIETOR BY VIRTUE
OF HIS TUNNEL LOCATION.

ARTICLE I. INTRODUCTORY.

§ 467. Tunnel locations prior to the enactment of federal laws.

$468. The provisions of the federal law.

? 467. Tunnel locations prior to the enactment of federal laws.-Tunnel locations, or, as they are sometimes called, "tunnel-sites," occupy a unique position in practical mining upon the public domain. They were not unknown during the period antedating the enactment of congressional mining laws. The discovery of a new mineral belt frequently gave birth to local rules upon the subject of tunnels, and it was by no means an uncommon occurrence for tunnel locations to be made on the four slopes of a mountain, their projected lines running into the hill from every conceivable point of the compass, and at different elevations above the mountain's base, from one hundred to several thousand feet. The practical development of the mines was, as a rule, from surface discoveries on the crest of the mountain, or its benches and sloping ridges. Strife or litigation between surface locators and tunnel proprietors rarely, if ever, arose, for the simple reason that, according to the popular view, priority of discovery, whether from

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