Location

The act of selecting and designating lauds which the person making the location is authorized by law to select. It is applied among surveyors who are authorized by public authority to lay out lands by u particular warrant. The act of selecting the land designated in the warrant and surveying it is called its location. In Pennsylvania, it was an application made by any person for land in the otlice of the secretary of the late land otlice of Pennsylvania, and entered in the books of said office, numbered and sent to the surveyor-general’s office.

Act June 25, 1781, § 2.

It is often applied to denote the act of selecting and marking out the line upon which a railroad, canal, or highway is to be constructed. In Mining Law. A parcel of laud appropriated according to certain established rules, such as i Jlacing on the ground, in a conspicuous position, a notice setting forth the name of the locator, the fact that it is thus taken or located, with the requisite description of the extent and boundaries of the parcel according to the local custom.

Louis Smelting & Refining Co. v. Kemp, lp4 U. S. t549, 26 L. Ed. 875. See U. S. It. S. i 2324.

A location cannot be validated by subsequent discovery; a prior discovery is necessary; Upton V. Larkin, 7 Mont 449, 17 Pac. 728. See Lands, Public.