The Locator Owns Only What His Lines Enclose, although not chargeable with fault in making them. It is better for him to lose part of the lode than to make title dependent on the result of developments made after lines have been chosen.-Iron Silver Co. v. Elgin Co. 15 M. R. 641.

Three Months to Complete Staking is the time allowed by implication from the Colorado Statute. The discoverer has sixty days to complete his discovery shaft and three months to record. If his staking is completed at any time within the three months, that is, within the period allowed between the date of discovery and when the record must be made, it is in apt time. He is allowed less time to sink his discovery than to set his stakes, because he may know, as soon as his vein is disclosed, where to sink; but he cannot so readily know the course of the vein, and consequently needs time for this part of the location, inasmuch as, his stakes once set, he covers no more of his vein than lies within them.-Erhardt v. Boaro, 113 U.S. 527.

Even if the setting of his stakes is delayed beyond the period of three months, the location is not invalidated where no adverse rights have intervened.McGinnis v. Egbert, 8 Colo. 41.

When the time to complete staking is not fixed by statute or district rule, a reasonable time is allowed. Twenty days has been held to be a reasonable time.— Doe v. Waterloo Co. 70 Fed. 456.

All Statutes Limiting Time to perfect location and record are directory where there is but a single claimant, or but one set of claimants, and delay becomes material only where the rights of third parties have intervened.

Diagram of Location.-The diagram of a lode correctly located, under the present Colorado law (Act of 1874), will show substantially as follows:

1st.

Discovery Shaft at least ten feet deep from the lowest part of the rim at the surface, and showing a well-defined crevice.

2d. Location Stake; a plain sign or notice containing the name of the lode, the name of the locator, and the date of discovery.

3d. Center Stakes; two substantial side posts sunk in the ground and hewed on the side which is in toward the claim. These side posts must be sunk in the center of each side line; that is, in a 1,500 foot claim, 750 feet from each end line.

4th. Corner Stakes; four substantial stakes, one at each corner of the claim, sunk in the ground and hewed on the two sides which are in toward the claim.

5th. Extra Angles. It is the invariable custom where there are angles in the side lines, to place a stake, hewed on the side in toward the claim, at each angle.

Such location would be valid in any State or Territory except as below mentioned, and would be good without the center stakes in any district where there is no specific law requiring them. But in Idaho and Montana stakes are required to be set at each angle in the side lines and each stake must be marked with the name of the claim and the corner or angle it represents. And North Dakota and South Dakota require eight stakes, one at each corner and one at center of each line, marked with name of claim and corner it

represents. Arizona the same except marking of posts. Nevada requires a post at location point and at each corner and angle; Oregon, six posts, one at each corner and one at center of end lines; Washington, posts must bear name of lode and date of location.

Must Cover Apex.-The stakes of the location must include the apex of the vein, and in so far as they fail so to do the claim is void or defective to that extent. That is to say: the theory of the Statute is that a normal location will cover the apex of a vein and have the right to follow the vein on the dip. If the location fail to cover the apex and the lode dips away from the claim, so much of the vein is clearly lost; if after losing the apex the location is laid so as to cover the vein on its pitch underneath the side lines as it dips back into or under the side lines, another question arises. The points arising in this class of cases are considered under "APEX.

Locating Without Aid of Surveyor.-In locating any class of claim, a survey is always advisable.

If the prospector, however, cannot procure a professional surveyor (and it is often impracticable), a reasonable degree of care will suffice to locate his boundaries with certainty sufficient to make the subsequent record valid.

The record is merely a description of the claim as staked on the ground; if not properly staked the record does not make a good location, but if the location has been properly made, the record can readily be made to describe it fully, whether such location has been made by a surveyor or otherwise.

The discovery shaft being taken as the center of the claim and the initial point of location, a tape measurement from its center 150* feet at right angles

*Seventy-five feet in Clear Creek, Gilpin, Boulder and Summit Counties, Colorado, and 150 feet in all other counties in that State; 150 feet in North and South Dakota; and 300 feet in other States and Territories, unless limited to less by district rule. This 75 feet, 150 feet or 300 feet is of course one-half the width of a 150, 300 or 600 foot wide claim.

to the lode, reaches to the point where a center stake must be set; return to discovery shaft and continue the same line on the other side the same direction and set the second center or side stake; at right angles to this line and across the center of discovery shaft run a line 750 feet each way along the supposed course of the lode. This gives the center line lengthwise of the claim, and from each end of this center line measure 150 feet on each side for the end lines on the same course as the line between the center stakes, which will give the four points at which to set the corner stakes, and will also make the end lines parallel as required by law.

Measuring the length of the claim along its center, with an offset of 150 feet at right angles in each direction at discovery shaft and at each end, brings the same result as if both the side lines as well as the end lines were measured.

Diagram of Lines to be Run.-The dotted lines on the following diagram show the three lines to be measured on a prospector's survey, and the six points at which stakes are to be set:

Staking and Marks on Stakes.-At each of the four real corners of the claim, at the center of each side line and at each extra angle made in the claim, set a substantial stake, blaze it and mark the blazed part with its proper number and the name of the lode. In addition to the number write "north center side stake," "south center side stake," "northeast corner, etc., as the case may be, and put the name of the lode on each stake.

The Statute of Colorado requires each stake to be hewed or marked on the side or sides in toward the claim. This would be satisfied by blazing alone, but it is customary to shave the in side (which indicates the relation of the stake to the claim) and mark with pencil the name of the lode, number of corner, etc., as above directed.

Marking three out of four corners was held sufficient in a Utah case.-Warnock v. De Witt, 40 Pac. 205. Review of citiations on the point of sufficient staking.-Howeth v. Sullenger, 45 Pac. 841.

Numbering the Corners.-Any corner may be called No. 1; call the other corner on the same end line No. 2, and proceed thus continuously around the claim, setting an additional corner post at each angle of the claim. Even in official surveys there is no uniform rule as to which corner is numbered one.

Position of Center Stakes. In the case of the Hardin Lode, the claim was surveyed 600 feet in one direction and 900 feet in the opposite direction from center of discovery. The center stakes were placed opposite discovery, which left them each 150 feet from their proper places. The Supreme Court held that they could not be considered as substantially in the center; but on the other hand, they held that if the corner posts were properly on the ground, the absence of center stakes did not invalidate the location.-Pol· lard v. Shively, 2 M. R. 229.

*Tying the Claim. In addition to staking the boundaries it is essential to have sufficient ties by which to identify the claim in the location certificate. The use of the bearings to mountain peaks used by surveyors with instruments is impracticable in this kind of survey-take instead of such monuments, marks carved on prominent boulders or prominent blazed trees, neighboring shafts or shaft-houses.

*No specific number of ties are required, but at least two different monuments should be selected for such purpose.