Bisbee daily review., 1903-01-15

I
 liabilities under the mining law it is
 very essential, and it is the necessary
 basis of further remarks on this top-c
 of mining location.
 It will be observed therefore. that
 under the law of Arizona, the location
 of a mining claim is not a single act.
 but series of acts, or process which
 may cover a period of ninty days. The various steps of this process as al ready indicated are the posting of a
 location notice, exploration work and
 marking the boundaries, and recording
 notice of location.
 It follows from what has been said, | that posting the notice on the claim | initiates the location. If discovery
 of a vein, or lode. bearing minerals named in the statute is made. the right | of location immediately follows. ! The United States law, as We have seen. leaves to local regulation and l legislation all rules and laws govern | ing the manner of locating, recording and working mining claims, subject | only to the requirements that the To- cation shall be distinctly marked upon | the ground, so that the boundaries of
 the claim can be clearly determined. It | does not prescribe how soon after dis | cOvery the boundaries shall be marked, but until they are marked the location | is not complete. Therefore. posting 1 the notice merely begins the rights | of the locator. He thereby serves no | tice upon all the world that he has made a discovery. and claims the
 statutory time within which to explore
 his vein, lode or deposit. mark his | boundaries with due care and record
 his location.
 The location may equal but shall not exceed fifteen hundred feet in | length along the course of the vein, and in the absence of miners rules or regulations limiting the width may in I clude surface ground. three hundred feet wide on either side of the middle of the vein The posted notice should state the portions of the fifteen hun
 dred feet of length claimed on either side of the point of discovery,
 but il a case under a simi-
 lar law, and where the location notice
 failed to do this it was held by the
 court that the locator, or claimant
 might hold 750 feet along the vein on
 each side of discovery.
 The statute requires the names. not necessarily the signatures of the To-
 cators. Whoever writes the notice
 may also the names of the locators.
 An agent may locate mining claims
 for the benefit of his principal who
 may be either a person, or a corpora.
 ton. When an agent is employed to
 explore for and locate mining claims
 the claims located are the property of
 the principal, even though the agent
 should locate them in his own name Book vs. Justice Mining Go. 5S Fed
 R. 106, Dunlap against Pattison 42 : Pacific Reporter, 504.
 The same principle applies, where
 one member of a partnership formed : for the discovery and location of min ing claims, locates in his own name He holds the claim as trustee for the partnership. Hiebour ys. Reeding, 3 Montana, 13.
 i It is a general rule of mining law
 that location notices are to be liberal
 ly construed. While the prudent To
 cator will be careful to have his loS. tion notice right. yet the courts are inclined to be liberal in their con struction of the notices required by state law. Mistakes in directions anC distances often occur, and more
 ground is often included withing tht , location than the law allows, but sucf 1, mistakes do not invalidate the loca |, tion. Positive exactness in such mat z ters the courts do not require. And a . this time it seems proper for Us to say
 something about what may be calleC
 floating or shifting of the claim.
 The posting of the notice holds tht o vein to the extent claimed for tn . period of ninety days. And while tn
 law requires the notice of location l.
 state the general course of the vein d yet in advance of exploration worl t this can often be stated only approx ' mately. During this ninety day period ) the locator may swing his claim in an t direction required to include his veir
 and all persons entering the terr r. tory which may thus be located flo T. the purpose of making exploration y on their own account do so at thei s own risk The law fully protects tn n rights of the first locator during tn U period allowed him for perfecting hi e location. The first locator must aC II in good faith, however, and he will nc al be justified in swinging his claim fc IA Ine purpose UT lacIuulnS tue fdludOi n discovery of a neighbor. When th ;e corners are once established, a swinging of the claim must cease, e IT pecially after record is made with th q, county recorder, except in the absenc II of adverse rights, an amended locatio at is made and an amended record. Whe at it is desired to make any considerab T, change in the boundaries of location 'n and after record is made. it should | T, all means be done by amended locatio