The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-04-17
LOCATING MINING CLAIMS.


passed by the tenth assembly, which
makes changes in the method of locat'
ing, recording and holding mining
claims in Montana. In the absence
of an official publication of the new
laws. the provisions of this measure
are not definitely known, but the fol-
lowing is believed to be a correct sum-
mary of what was known in the as
sembly as Senate Bill No. 6:
The first section of this bill provides
that "any person who discovers. upon
the public domain of the United States
within the state of Montana, a vein,
lode or ledge of rock in place, bearing
gold, silver, cinnabar, lead, tin, cop
per, or other valuable deposits. or q
placer deposit of gold, or other de-
post of minerals having a commercial
value which is subject to entry and
patent under the mining laws of the
United States, may, If qualified by the
laws OF the united States, locate q
mining claim upon such vein, lode,
ledge or deposit, in the following
manner, viz:2He shall post conspicu.
ously at the point of discovery q writ
ten or printed notice of location, con-
tanning the name of the claim, the
name of the locator or locators, IT
there be more than one J, the date of
location, which shall be the date of
posting such notice, and the approx
mate dimensions or area of the claim
intended to be appropriated.
"Within thirty days after posting
the notice of location, he shall dis
tinctly mark the location on the ground
so thai it's boundaries can be readily
traced. 1t shall be prima facie evi.
dence that the location is properly
marked if the3bound aries are defined
by q monument at each corner or an.
| gle of the claim, consisting of any n
of the following kinds: a. a tree at
least twelve inches in diameter and
blazed at least on one side: ~ 9 post
at least four inches square by four
feet six inches In length, set one foot
in the ground, unless solid rock should
occur at q less depth, in which case
the post should be set upon such rock,
and surrounded in all cases by q
mound of earth or stone at least four
feet in diameter by two feet in height.
A squared stump Of the requisite size
surrounded by such mound shall be
deemed the equivalent of q post and
mound: (3) q stone at least six inches
square by eighteen inches in length,
set two-thirds Of its length In the
ground, with q mound of earth and
stone alongside at least four feet in
diameteriby two feet in height, or "a
a boulder at least three feet above the
natural surface of the ground on the
upper side.'
When other marks of lesser dimen-
! sions than those mentioned are used II
J shall be a question for a jury or the
court where an action is tried without
a jury, as to whether the marks are
correct so that the boundaries can be
readily traced. Within sixty days af.
ter posting the notice, the person To-
eating the claim shall sink o shaft up
on the vein or deposit, at or near the
point of discovery, to be known as the
discovery shaft. Within sixty days at
ter posting the notice of location and
for the purpose OF constituting con
structive notice of the location, thu
locator shall record his location II
the Office of the county clerk Of thu
county in which such mining claim Il
stu ated. In the case of Q placer
claim, the dimensions or area of tn
q claim and the location thereon OF thu
3 discovery shaft, cut or tunnel. shall
. be stated.
Section 3 provides that millsit
claims may be located and recorder
in the same ann as other claims
except that no discovery Or discover,
e work is required. The r%e-locator Q
an abandoned or forfeited mimi
claim, according 10 section 4, ma
S adopt as his discovery any shaft o
other working. existing upon sucl
claim at the date of the relocation /
which the vein, lode or deposit is dis
closed, but in such shaft or othe
e working he shall perform the sam
discovery work az is required in til
q case of an original location. Th
d rights of a re.locator shall date fro,
the time of the posting Of this notic'
Section & states that q locator G
claimant may at any time amend hi
b location and make any change in tt
boundaries which does not involve
" change in the point Of discovery
a shown by the discovery shaft, /
er marking the location as amended VI
ID on the ground and filing an amende
j. certificate of location conforming
Of the requirements of an original ce
IL tiicate Of location. a defect in
X. recorded certificate of location ms