RECORD.

Essentials of Location Certificate as Required by R. S. 2 2324. * * * All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. * * *Sec. 5, A. C. May 10, 1872.

What is Required by Colorado Statute-Time to File.M. A. S. 3150.-The discoverer of a lode shall, within three months from the date of discovery, record his claim in the office of the recorder of the county in which such lode is situated, by a location certificate which shall contain:

First-The name of the lode.

Second-The name of the locator.
Third-The date of location.

Fourth-The number of feet in length claimed on each side of the center of discovery shaft.

Fifth-The general course of the lode as near as may be.Feb. 13, 1874.

Indefinite Record Void.-M. A. S. ? 3151.-Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void.-ld.

Separate Record of Each Claim.-M. A. S. 2 3163.-No location certificate shall claim more than one location, whether the location be made by one or several locators. And if it purport to claim more than one location it shall be absolutely void, except as to the first location therein described, and if they are described together, or so that it cannot be told which location is first described, the certificate shall be void as to all.-Id.

Statutory Requirements as to Location Certif= icates. The statutory requirements essential to a location certificate stated in section 3150 above printed are followed by like statutes in all the mining States and Territories, 'except California and Alaska. The statutory requirements in the several States, in addition to those above noted, are tabulated on page 56.

Where no statutory requirements other than the Federal Statute exist, a certificate following the form below given (page 55) would in any State or Territory fully comply with the requirements of the law.

Necessity for Record.-The Federal Statute does not in terms require a record to be made, but the above quoted section 2324 presupposes record in some form or at least some written publication of title, under state or district law. To give public written notice of claim was an almost universal custom before any U. S. mining act was passed.

In the early periods this record was made in the office of the district recorder and in some States this custom prevails to the present time, but the general statutory requirement is to make it in the office of the county recorder.

The Time to Record the location certificate is fixed by statute in Colorado within 3 months, North and South Dakota and Wyoming 60 days, Washington 90 days from date of discovery;

Alaska, Oregon and Utah within 30 days; Montana and Nevada 90 days; New Mexico 3 months from date of posting notice;

Arizona and Idaho within 90 days from date of location;

In California the certificate is filed with the District Recorder and no time is fixed by statute.

For proper office or offices in which to file the location certificate, see Statutory Requirements tabulated on page 56.

Where there is no organized mining district, and therefore no district recorder the certificate should always be filed with the county recorder.

Recording Location Notice as Location Certifi= cate. It is a custom in California and in many local districts elsewhere to make the location notice in duplicate, placing one on the claim and filing the other for record. The same is the statutory regulation in Idaho, Arizona, Utah, Oregon and New Mexico. The

location certificate, or record, everywhere, must contain all that is required of the notice besides giving a full description which is not required of the notice. If therefore the custom be to make these instruments duplicates each must contain what is required of the greater and both would have to contain a full description with reference to monuments, to conform to the Act of Congress. If not exact duplicates it is not fatal.--Gird v. California Co. 60 Fed. 531.

Location Notice, Without Record.-It seems undoubtedly true under the decisions, that if the notice contains such full description and no record is required by rule or statute, that none is required by the Congressional act.-Souter v. Maguire, 21 Pac. 183; Thompson v. Spray, 14 Pac. 185; Haws v. Victoria Co. 160 U. S. 303. In such instance the notice, containing the required reference to monuments, makes the location complete without record. But to go as far as the case of Poujade v. Ryan (Nevada), 33 Pac. 660, and hold that no record is required and that the notice need not contain the Congressional description, seems to construe away the force and meaning of the Act entirely.

A Record Must be Public and Accessible.-A memorandum in a miner's pass book, though he claimed to be district recorder, does not fill legal requirements.-Fuller v. Harris, 29 Fed. 814.

The Certificate as Proof of the Acts of Location.— See EJECTMENT.

The Record Follows the Location, as the location follows the discovery. The record is a publication of the location, and is therefore called the location certificate. Many of the old forms of these certificates are not sufficiently specific, and the Surveyor General frequently requires a new record to be made before issuing order of survey, upon application for patent.

Description of Claim—Ties.-The record contains 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 certificate can readily be written so as to describe it fully, whether located by a surveyor or otherwise. The essentials of a valid location certificate are stated concisely in sections 3150, 3151 and 3163 above printed, and a form is given below.

The discovery shaft should always be treated as an essential point of description and tied to some near and prominent monument, with course and distance therefrom, because it is a much more permanent monument than any stake or corner.

In addition, one or more corners should be tied to other "natural objects or permanent monuments, а government corner or discovery shaft of an approved survey being unobjectionable.

FORM OF LOCATION CERTIFICATE.

KNOW ALL MEN BY THESE PRESENTS, That I, Edmund H. Lunken, of the County of Arapahoe, State of Colorado, claim by right of discovery and location, fifteen hundred feet, linear and horizontal measurement, on the CARDINAL LODE, along the vein thereof, with all its dips, variations and angles; together with one hundred and fifty feet in width on each side of the middle of said vein at the surface; and all veins, lodes, ledges, deposits and surface ground within the lines of said claim; seven hundred and fifty feet on said lode running north 88° east from the center of the discovery shaft, and seven hundred and fifty feet running south 880 west from said center of discovery shaft.

Said claim is situate on the eastern slope of Bull Hill in Cripple Creek Mining District, County of Teller, State of Colorado, and is bounded and described as follows, to wit:

Beginning at corner No. 1 (northwest corner of claim), from which deep shaft of Manning Lode bears N. 20 degrees, E. 70 feet and "X" chiselled on prominent ledge of rock, bears S. 18 degrees, W. 90 feet, and running thence S. 2 degrees, E. 300 feet to corner No. 2; thence N. 88 degrees, E. 750 feet, to south-center stake; thence same course 750 feet to corner No. 3; thence N. 2 degrees, W. 300 feet to corner No. 4 (northeast corner), from which blazed pine tree 2 feet in diameter marked "F," bears N. 8 degrees, W. 22 feet; thence S. 88 degrees, W. 750 feet to north-center stake, and thence same course 750 feet to the place of beginning.

From discovery shaft, corner No. 2 of Newman Lode, survey lot 787, bears S. 45 degrees, E. 280 feet, and discovery shaft of Wiseman Lode bears S. 45 degrees. W. 275 feet.

Date of discovery, January 2, 1900. Staked and located February 2, 1900. Date of certificate, February 2, 1900.

ATTEST

W. E. SoRelle.

EDMUND H. LUNKEN.

The above form corresponds in ties and courses to the diagram on page 51.

Descriptive Defects in Location Certificate.—In addition to the cases cited on page 49 under "LOCATION," there are certain other decisions in particular requiring mention because of their tendency to condone very vague records.

The most material of these cases, because decided by the Court of highest authority, is that of Hammer v. Garfield Co. 130 U. S. 299. There, the opinion, after stating that "a reference to some natural object or permanent monument" is required, says: "Of course the section means when such reference can be made." And it then proceeds to uphold a record whose only call or tie was "about fifteen hundred feet south of Vaughn's Little Jennie Mine." The opinion further treats the claim's own stakes as sufficient monuments. It was with reference to this case that HALLETT J. on objection being made in the Circuit Court to an indefinite record, overruled the objection with the observation "The Supreme Court has repealed the Statute on this point.'

In Gamer v. Glenn, 20 Pac. 654, a "large bowlder at the west end of the Tim lode" was the starting point. This was the only monument. Adjoiners were named, but it was proved that no such claim as the "Tim" was known or existed. The record was maintained. The test applied in this case was a fair and reasonable one in its terms, to wit: it must be a description which would enable a person of reasonable intelligence to find the claim and trace its boundaries. Cited and followed on very similar record in Bramlett v. Flick, 57 Pac. 871.