Year: 1872

Act shall be construed to enlarge o,

 affect the rights of either party in re-

 gard to any property in controversy at

 the time of the passage of this Act, or

 of the Act entitled "An Act granting

 the right of way to ditch and canal

 owners over the public lands, and for

 other purposes" approved July 26,

 1866, nor shall this Act affect any right

 acquired under said Act; and nothing

 in this Act shall be construed to repeal,

 impair, or in any way affect the pro-

 visions of the Act entitled "An Act

 granting to A. Sutro the right of way

 and other privileges to aid in the con

 struction of 8 draining and exploring

 tunnel to the Comstock lode, in the

 State of Nevada" approved July 25,

 1866.

 Sec. 13. That all afidavits required to be made under this Act, or the Act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land district where the the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the Register and Receiver of the Land Office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be take as herein provided on personal notice of at least ten day to the oppos- ing party; or if said party cannot be found, then by publication Of at least once a week for thirty days in a news paper, to be designated by the Regis ter of the Land Office as published nearest to the location of such land and the Register shall require proof that such notice has been given.

 Sec. If. That where two or more veins intersect or cross each other, priority of title shall govern. and such prior location shall be entitled to all ore or mineral contained within the space of intersection provided, how ever, that the subsequent location shall have the right of way through said space of intersection 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 be- low the point of union, including all ,he space of intersection.

 Sec. 15. That where non mineral and not contiguous to the vein or lode s used or occupied by the proprietor 'f such vein or lode for mining or milling purposes, such non-adj scent urface' ground may be embraced and in an application for patent Or such vein or lode, and the same nay be patented herewith, subject to he same preliminary requirements as o survey and notice as are applicable lnder this Act to veins or lodes; pro- 1ided. that no location hereafter made # such non-adjacent land shall exceed i've acres, and payment for the same must be made at the same rate as fixed y this Act for the superfcies of the ode. The owner of quartz mill or eduction works, not owning a mine n connection herewith, may also re- eive a patent for his mill site, as pro- 'ided ill this section.

 Sec. 16. That all Acts and parts of Acts inconsistent herewith are hereby epaaled; provided, that nothing con oIu,- .~ iAi7 ~- shall be construed ta impair. Iii any way, rl-.-,- or interests Fl mining property acquired under e,l-