The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-07-26

ing IN this aot shall I've construed TO enlarge or
aIlec. The rights 0f either Iariy In regard To
any properly IN CONTROVERSY at the time of
The IylSsagc Of this act, or Of the act cn,itlc,l
"An adt granting The right Of way 10 ditch
AMI tanai owners over Tho pi,b'l, iinds. and
fur . her purposes, approved .luly twenty.
siStl. eigherii hamye and iXsts,iv. nor
shall ,ld'as ail,St ali, right NJ inircrl uEtltr
siill at AMI Othing IN this act shall le Gun.
struel 10 repell, impair, or In any way afIat
the provisions Of the act entitled AN a.a
granting TO a. Sairo the right Of way and
other privileges 10 all it the construction Of
a draining and exploring tunnel to the Gem
stA.k lode, In the State Of Nevada, approved
July twenty-flfth, eighteen hnnured and six
ty-sis.
SH. IS. That all afIilayils rtqnirel to be
made unlcr this at. or the Act of which II is
anendatory, may be verified bef eany oiii3r
authorized TO Nlminister oaIhs within The
lant!-distrlet where the claims may he itua-
ted, and all testimony and proofs may he tn
ken before any sch officer, and, when duly
certified by the officer taking the same, shall
have the same fore and effect ~ if taken lle-
fore the register and receiver Of the lamtoi-
tlse, III cascs Of contest as 10 the rnincral or
agricultural character 0t land, thu Testimony
ann proofs may be taken as herein provided
0n personal notice Of at lcast ten days 10 the
opposing party; or II said party cannot be
found, then by publication Of at least once q
week for thirty days In newspaper, to lie
designated by the register Of the land-ofIice as
published nearest to the lNation OF such
land: and the register shall require proof
that sllch notice has beea given.
SEC. II. That where two or more veins in
tersect or eros. each other, priority OF title
shall govern, and such prior location shall he
entitled To all ore or mineral contained with
In the space Of intersection; Provided, how
ever. That the subsequent location shall have
the right Of way through said space of inter
sect.on for the purposes Of the convenient
working Of the said mine: And provided also,
That where two or more veins unite, the
Oldest or prior location shall take the vein
below the point of union, Including all the
space Of intersection.
SEC. IL. That where non mineral land not
contigous to the vein or lode Is usel or occu-
picl by the proprietor ofsubh vein or lode for
mining or milling purposes. s.inli nljacent
surface ground may be embraced and Included
ilal aplitaion far y patent fr s,lch vein or
lotc, anil the same mly b. ln;entci there
with, subject to the same preliminary require
ments rs 10 survey and notice as are apppli.a-
bic under this act to veins on lodes: Provided,
That no location hereafter made Of such non
adjacent land shall exceed five acres, and
payment for the same must be made ut the
same rate MS fixed by this net for the super
tlcics Of the lode. The owner Of quart-mill
or rcluction-wMks, not owning mine In con-
nection Herewith, may also receive a laient
for his mill-sile, AS provided In this section.
SEC. l6 That all acts and pats Of acts IN
consistent herewith are hereby rebealcd: Pro
yillel, That nothing contained IN this act shall
be construed to impair, In any way, rights or
interests in mining property acquired under
existing laws.
Approved May 10, 1872.