Page:United States Statutes at Large Volume 17.djvu/136

 96 FORTYâSECOND CONGRESS. Sess. II. C11. 152, 153. 1872. chsmurorlaus, sonal notice of at least ten days to the opposing party; or if said party l10W *Â¤kÂ¤Â¤- cannot be fbund, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land-office as published nearest to the location of such land; and the register shall rcquire proof that such notice has been given. Where veins Sec. 14. That where two or more veins intersect or cross each other, lâ?Â°'?Â§â= fig, priority of title shall govern, and such prior location shall be entitled to all illlonvzrg. U 0 ore or mineral contained within the space of intersection : Provided, how- Â£Â°VlÂ¤Â°- ever, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of Where veins the said mine: And provided also, That where two or more veins unite, ' including all the space of intersection. Patents for Sec. 15. That where non-mineral land not contiguous to the vein or {*aâ:1â:âgâ::*Â°Ln_ lode is used or occupied by the proprietor of such vein or lode for mining t;g,,,,{,,t,1,,de, or milling purposes, such non-adjacent surface ground may be embraced but used by and included in an application for a patent for such vein or lode, and the fÂ¤âY;Â£;';*Â°8âfcfÂ°â same may be patented therewith, subject to the same preliminary requirepm-PcsÃ©s. â ments as to survey and notice as are applicable under this act to veins or Limit *<> lodes: Provided, That no location hereafter made of such nomadjacent Lxgtm Â°f such land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section. Repealing Sec. 16. That all acts and parts of acts inconsistent herewith are hereby Â°lâ;.E;?Ã©un ri hm repealed : Provided, That nothing contained in this act shall be construed not sqm5d, gÂ· to impair, in any way, rights or interests in mining property acquired under existing laws. ` Approved, May 10, 1872. May 10, 1872. CHAP. CLIII.âAn Act authorizing lheRSecrÂ§ta1y of War to correct an Army O_]7icerâ.s cor. preamble, Whereas in December, eighteen hundred and seventy, Major Samuel Ross, United States army, unassigned, was examined by a retiring board at San Francisco, California., and found disabled for active duty on account of wounds received in battle; and whereas no official action having been taken to retire from active service the said Ross on the proceedings of said retiring board, and the said Ross being a supernumerary officer was honorably mustered out of service as such on or about January second, eighteen hundred and seventyÂ·one; and whereas on or about March second, eighteen hundred and seventy-two, the said Ross was re-appointed an officer of the United States army, as second lieutenant, with a view of being retired from active service on account of said disability: Therefore, Be it enacted by the Senate and House of Representatives of the United mfrggÃ©ggg 53** States of America in Congress assembled, That the Secretary of War is Flgcgd gn mms hereby authorized to place the name of said Samuel Ross on the list of Jg selgg officers retired from active SGYVIOB, according to the proceedings and report â of said retiring board, to take effect for rank and pay from the first day of January, eighteen hundred and seventy-one, and to correct the army records and register so that the name of said Ross will appear as continu- Pmviso. ously in service; Provided, That any and all moneys as pay or emoluments received by said Ross, on account of being declared mustered out as aforesaid, shall be deducted from his pay as such retired officer, accruing from, on, and after the said first day of January, eighteen hundred and seventy-one. Approved, May 10, 1872.
 * âÂ£Â°Ã©0Â°Â£;;â 10**** the oldest or prior location shall take the vein below the point of union,