such Deputy was not a government employee and his location was valid.

Location Prevented by Colluding Co-Tenant.

If the staking and record are in fact not made the claim never becomes perfected, although the reason be that a co-owner violated his duty by colluding with third parties and allowing them to take up the ground. The sole remedy of the injured party is by appropriate action against his co-owner, based on his fraud.-Lockhart v. Wills, 54 P. 336.

Irregular Locations.

The contemplation of the law is that a lode claim should be substantially a parallelogram.-Del Monte case, 171 U. S. 84. But it seems that with the limitation that the length may not exceed 1,500 feet nor the width 600 feet a location may be made in any convenient shape, the only loss from such form of survey being that no extralateral rights can be claimed for a survey which has not parallel end lines. Surveys in the shape of a horse shoe and in the shape of a triangle respectively were considered in the Stone Lode case, 118 U. S. 196; 15 M. R. 641, and in Montana Co. v. Clark, 42 F. 626; 16 M. R. 80-and to both, all dip-rights were denied. In the North Star case, 83 F. 658, both patents were of no conformable shape, but each of them had issued on a consolidation of claims located before 1872. "There is liberty of surface form under the Act of 1872."-Walrath v. Champion Co. 171 U. S. 312.

Locating Across the Strike.

The loss of extralateral rights by such location is considered under APEX. In Walsh v. Mueller, 40 P. 292, location had been made, fraudulently, as was alleged in the complaint, across instead of along the strike. We can not see how fraud could be predicated upon such fact standing alone. It simply loses the right to follow on the dip and the surface beyond the proper distance from center of vein is open to hostile location, as explained by diagram on p. 21.

Sunday.

In Union Co. v. Leitch, 64 P. 829, the first act of location was done on a Sunday and in the subsequent contest no point was made on this fact.

It has been intimated that where the last day of filing falls on a Sunday the locator is within the time if he files on the Monday following.-Columbia Co. v. Duchess Co. 79 P. 385.

Neglect of Statutory Details of Location.

Omission to establish center end stake (along with failure to verify the certificate) held fatal under Oregon Statute.-Wright v. Lyons, 77 P. 81. The same as to corner stake in Colorado.-Beals v. Cone, 20 M. R. 592; 62 P. 948. Contra, Warnock v. DeWitt, 11 Utah, 324; 40 P. 205. Compliance with state law must be proved.-Copper Globe Co. v. Allman, 21 M. R. 296; 64 P. 1019.

Parties made a location valid to the extent of the Congressional requirements, but failed to comply with the State Statute then in force. The State Statute was repealed while the locators continued in possession. Held that upon the repeal the location became valid. MCFARLAND, J., dissents.-Dwinnell v. Dyer, 145 Cal. 12; 78 P. 247.

A location notice is not required by the U. S. Mining acts, nor at all if not called for by District Rule or Statute.-Anderson v. Caughey, 84 P. 223.

TABLE OF STATUTORY REQUIREMENTS.

Indispensable Federal Requirements.

Whether required or not by State Statute or District Rules, the Federal Statute requires that the location must be distinctly marked on the ground, so that its boundaries can be readily traced, and the location certificate must contain (1) the name or names of the locators, (2) the date of the location and (3) such a description of the claim or claims

located by reference to some natural object or permanent monument as will identify the claim.-R. S. Sec. 2324.

Taking Colorado as a basis for the manner of locating and recording lode claims, the difference in the regulations of the other States and Territories of the Pacific slope is noted in each paragraph numbered to correspond with the Colorado table below: Before filing his location certificate the discoverer is required by Statute in

1.

Colorado.

To post at the point of discovery, on the surface, a notice containing the name of the lode, the name of the locator and the date of the discovery.

2. Within sixty days from the discovery, to sink a discovery shaft ten feet deep, from the lowest part of the rim of shaft, or deeper, if necessary, to show a well defined crevice.

3. To mark the surface boundaries by six posts sunk in the ground, one at each corner and one at the center of each side line hewed or marked on the side or sides in towards the claim.

4. The disclosure of the lode in an open cut, crosscut, or tunnel at the depth of ten feet below the surface, or an adit at least ten feet in along the lode, suffices instead of the ten-foot shaft.

5. Within three months from date of discovery to file a location certificate with the County Recorder giving a proper description of the claim, as required by Federal Statute, and containing also:

a. the name of the lode :

b. the name of the locator;

c. the date of the location;

d. the number of feet in length on each side of the center of the discovery shaft, and

e. the general course of the lode.

Alaska.

On June 6, 1900, Congress passed an Act purporting to be a full code of Statute Law for this Territory.-31 St. L. 321.

It leaves the status of mining titles the same as in those States which have but few statutory regulations. It provides for three Recording Divisions and these Divisions are to be subdivided into Recording Districts, for each of which is provided a recorder.

The Clerk of the Court is ex officio recorder of all that part of any Recording Division not set off into recording districts.

Until the District Recorders are appointed the minmay appoint a recorder of any organized local mining district.-Sec. 16.

ers

There is obvious confusion in these provisions, but it seems evident that the office of the recorder of the recording district is the place where records are ultimately to be filed.

The Act allows ninety days after discovery for the record, and while by its general terms necessarily requiring a discovery and such marking of bounds and description as are everywhere required by the terms of R. S. Sec. 3224. (pp. 23 and 69), it does not require a discovery shaft or any other special condition. Sections 15 and 26 of the

act are printed under the heading ALASKA.

Arizona.

1. Erect at point of discovery

three feet high, or a post four feet above ground, on which, post notice signed by locator containing:

a. -The name of the claim located.

b. The name or names of the locators.

c. The date of the location.

d. The length and width of the claim in feet, and the distance in feet from the point of discovery to each end of the claim.

e. The general course of the claim.

f. The locality of the claim with reference to some natural object or permanent monument whereby the claim can be identified.

2. Within 90 days "from the time of the location" sink discovery shaft 10 feet deep from lowest part of the rim at the surface, or deeper, if necessary, to show mineral in place.

3. Within same time mark boundaries by 6 substantial posts, projecting at least 4 feet above the surface of the ground, or by substantial stone monuments at least 3 feet high, to-wit, one at each corner, and one at the center of each end line.

4. Same as Colorado; amount of work must be equal to a shaft 10 feet deep and 4 feet wide by 6 feet long. 5. Within ninety days from time of location, record with the County Recorder a copy of the location notice posted. 6. The Act of 1901 requiring the certificate to state that the whole or any part of the new location is on abandoned ground was repealed in 1907, and such ground may be taken up by the same acts and formula as if original public domain, with no reference to the fact of abandonment.

California.

Νο statutory regulations. A Mining Code was enacted in 1897, but repealed in 1899. The manner of staking and other incidents of location are controlled by

district rules, and R. S. Sec. 2324. See page 23. These rules usually prescribe time for filing location certificate. and by Secs. 1159 and 1169, Civil Code, 1901, a record with the County Recorder seems to be required.

Idaho.

1. At time of discovery erect monument at place of discovery showing a notice same as Colorado, adding distance claimed along vein each way from monument.

2. Within sixty days "after such location" sink discovery shaft 10 feet deep from lowest part of the rim, and of not less than 16 square feet area.

3. Within 10 days after discovery mark boundaries by monuments at each corner and at each angle in side lines, marked with name of claim and corner or angle it represents. Monuments must be four feet above ground: posts or trees must be 4 inches square or diameter, and hewn and marked on side facing discovery.

4. Any excavation which cuts the vein 10 feet deep and measures 160 cubic feet in extent shall be sufficient.

5. Within 90 days after location file with County Recorder or Deputy Recorder of Mining District a substantial copy of "notice of location" (see No. 6) with affidavit of one of locators attached, that he is a citizen of the United States or declared his intentions; that he is acquainted with the ground claimed and that no part has been located, or if located, that it has been abandoned or forfeited by reason of the failure of the former locators to comply in respect thereto with the requirements of law. and that he has opened new ground to the extent or depth of ten feet as required by the laws of Idaho.

6. At the time of marking boundaries post at the discovery monument a second notice containing the name of the locator, name of the claim. date of discovery, the direction and distance claimed along the ledge from the discovery, the distance claimed on each side of the middle of the ledge, the distance and direction from the discovery monument to 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 and the name of the mining District, County and State. See page 78.

The County Recorder within 14 days after receipt of any location certificate is required to send it to the Deputy Recorder of the Mining District, who records and returns it to the County Recorder.

Montana. (Act of 1907.)

1. Post conspicuously at point of discovery a notice containing the name of the claim, name of locator, date of location, which shall be the date of posting, "and the approximate dimensions or area of the claim.'

2. Within 30 days after posting, place monument at each corner or angle, to-wit: