Bisbee daily review., 1903-01-15

above the surface of the ground or that they may be stone monuments at least three feet high, and the law should be compiled with in respect to the size and kind of monuments. The locator having once established the monuments required by law is not charged with the duty of protecting them from destruction.
 His right cannot be divested by the obliteration or removal Of the corner posts without his fault.
 The United States satute requires the end lines to be parallel and this is necessary to enable the claimant to follow the vein outside his side lines. Hence a claim triangular in form would have no extralateral rights. The re- quirements for the parallelism of the the end lines as established by the survey for patent than to the end lines as originally located
 It will be seen by referring to the Arizona law, that the location notice must 9oatain a description of the locality of the claim, by reference to some natural objeC! or permanent monument wherby the claim can be identified. This is called tying the claim, and is very important and of ten neglected. If the situation, of the claim is sc indefinitely or inaccurately described that the claim cannot be found by means of the description, then the record affords no notice to anyone, and a person not having ac- tual knowledge of the claim can re-lo- cate the ground and hold the same by a good title. If such relocator. how ever. has actual knowledge of the prior | location he cannot take advantage of | the defective record He would. ot course. have such knowledge if the claim were in the actual possession of | the prior locator.
 The natural object taken to tie | the claim. may consist of any fixed natural object in the immediate vicin- 1 fly, such as a prominent boulder of un- natural size or shape. the confluence of streams, the point of intersection of well known gulches. ravines or roads, prominent hills. buttes, etc. The permanent monument may be a con. spicuous stone monument constructed for the purpose. a prominent post or sake firmly planted in the ground | NSIi hAO"u SndllS UT luHuC $ Ol u6lSu boring claims, and adjoining claims whose location is generally known, or
 what is best of all, a corner of the United States land survey In each i case, the question whether the object
 chosen is such a natural object or per
 manent monument as serves to iden tify the claim, in case of contest. is
 a question Of fact for jury. Dillon vs Bayis. II Montana. III.
 The acts of location which we have mentioned. should precede the record ing of the location notice. for wher these different acts of location are re IQuired, as well as the recording of the location notice, one who has made hi:
 location and fixed boundaries and mon
 uments will have priority over one who has recorded his location notice but has net performed the other acts. Finally, since the law does not re
 uuire the locator to define his bOun
 diaries by monuments at the time 0
 posting his notice, and since nothin.
 is to be gained by establishing the cor
 ners at such a time and much may b.
 lost, it is better, from a legal stand
 point, at least, for the locator to talk,
 as much of the ninety days as b,
 needs to trace with accuracy th' course of the lode as far as possible before marking his boundaries