Year: 1872

rights OF either party in regard to any prop
erty IN controversy at the time of the passage
of this Act, or of the act entitled can Act
! granting the right Of way to ditch and canal
owners over the public lands, and for other
purposes approved July 26th, 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 provisions of the Act entitled can
| Act granting A. Sutro the right of way and
other privileges to aid in the construction Of
draining aud exploring tunnel to the COM
stock lode, in the State of Nevada" ap-
proved July 25th, 1866


Sec. 13. That all aflidavits required to be
made under this Act, or the Act of which il
is amendatery, may be verified before any
officer authorized to admnstexoaths within
the land district where 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 the Receiver
of the Land Office. In case of contest as to
the mineral or agricultural character of land,
the testimony and proofs may be taken as
herein provided on personal notice of at least
ten days to the opposing party; or if said
party canno, be found, then by publication
of at least once a week for thirty days in
newspaper, to be designated by the Register
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 ii. 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: ProCided, ho,cerer
That the subsequent location shall have tie
right of way through said space of intersec-
tion for the purpose Of the convenient working
of the said mine: and, prorided 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. 15 That where non mineral land
not contiguous to the vein or lode is used or
occupied by the proprietor of such vein or
lode for mining or milling purposes, such
non-ad jacent surface ground may be embraced
and included in an application for a patent
for such vein or lode, and the same may be
patented Herewith, subject to the same pre-
limnary requirements as to survey and notice
as are applicable under this Act to veins or
lodges: Prorided, That no location hereafter
made of such pon-adja jacent land shall exceed
five acres, and payment for the same must
be made at the same rate as fixed by this
Act for the superiicies of the lode. The
owner of a quartz-mill or reduction works,
not owning a mine in connection Herewith,
may also receive patent for his ml-site, as
provided in this section.


Sec. 1G. That all Acts Or parts of Acts
inconsistent herewith are hereby repealed;
Prortded That nothing contained in this
Act shall be construed to impair, in any way,
rights Or interests in mining property acquired
under existing laws.


Anoro,o1 Ma, 11tL 1870