Locate

1.

To inquire for and ascertain the place in which some subject-matter already belongs, as to locate the calls in a deed or survey.

2.

To determine the place to which some subject-matter shall be assigned; to fix or establish the situation of any thing, as to locate a railroad. poration to extend the location of it* trackt, whenever it can be done without entering upon those of another corporation, includes the location of additional tracks not connected with its existing tracks except by the tracks of another corporation South Boston R. R. Co. v. Middlesex B. R. Co., 121 Mass. 485. Locate anew, as used in the Mass. highway laws, is equivalent to the words " view and relocate," as ordinarily used in a petition to the county commissioners.

Hyde Park V

Commissioners of Norfolk, 117 Mass. 416. 3.

In reference to structures, locate has been held in some decisions, such as those cited below, to involve construction. But, query, whether this is not straining the proper meaning of the word; a truer reason for holding that a railroad is not located by having its line marked out, seems to be that to choose a line is not locating, unless the choice is adhered to; a selection of a route is not location, if another route is afterwards adopted; — not because construction is involved in the term, but because pei-manence is. Locate, as used in the act relative to plank-road companies.

Laws of 1851, 193, ch.

109, § 2, is synonymous with erect, or put up; staking out ground, digging a cellar, and getting together materials for building, is not locating the building.

Moule v. Macedon &, Bristol Plank Road Co., 6 Haw. Pr. 37.

An engagement of a railroad company to " locate " a depot upon a certain tract of land, within six months, is complied with by staking off ground for the site of the depot, building a platform, and beginning to use the spot for depot purposes. Completing the erection of the building is not necessary.

Waldron v. Marcier, 82 III. 550.

A subscription to the stock of a railroad company provided that it should he void, " unless said company locate its road " on a certain route. A second subscription was made, on condition that said road " shall be located " on said route. Subsequently, the directors voted that the road " be and the same is hereby located " on said route; but the road was constructed on another route, which was not nearly so favorable to the subscriber. It was held that the word locate meant to construct the road, and that the subscription was avoided by the abandonment of the first route.

N. & N. W. R. R. Co. v. Jones, 2 Coldw. 674.