Page:United States Statutes at Large Volume 18 Part 1.djvu/501

 Trru: xxxu.—THE PUBLIC LANDS.—Ch. 6. 429 for thetplacenclaini shall convey all valuable mineral and other deposits within e boundaries thereof. Sec. 2334. The surveyor-general of the United States may appoint in Surveyor-general each land—district containing mineral lands as many competent surveyors *0 “PP°l¤t €“'}’°5'· as shall apply for appointment to survey mining-claims. The expenses °l'? °‘ &';“'““g` of the survey of vein or lode claims, and the survev and subdivision of im; placenclaims into smaller quantities than one hundred and sixtv acres, -10 MQ'- lsu- °· together with the cost of publication of notices, shall be paid by the appli— gg; S' 1" U' p' cants,and they shall be at liberty to obtain the same at the most reason- 3 May, 1876, 4-. able rates, and they shall also be at liberty to employ any United States ‘—ll»¢‘· l9,P· 52- deputy survepor to make the survey. The Commissioner of the General Land—liice s all also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for publication. he may designate any newspaper published in a land·district where mines are situated for the publication of mining-notices in such district, and tix the rates to be charged bv such paper: and, to the end that the Commissioner may be fully informed on the subject, each applicant shall tile with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land·0llice, which statement shall be transmitted. with the other papers in the case, to the Commissioner of the General Land-Ofiice. Sec. 2335. All affidavits required to be made under this chapter may v,,,;;;,,,;;,,,, of be verified before any officer authorized to administer oaths within the ¤iBd¤vits,‘&c. 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 152, s. 13,,v. 17,,p; the officer taking the same, shall have the same force and eifect as if 95 taken before the register and receiver of the land-office. In cases of 9,5 12%** 1%;* °‘ contest as to the mineral or agricultural character of land, the testimony ’’p` ' and (proofs may be taken as herein provided on personal notice of at least ten ays to the opposing party; or if such party cannot be found, then by publication o at least once a week for thirty days in a newspaper, to be designated by the register of the land-oflice as published nearest to the location of such land; and the register shall require proof that such notice has been given. S1s:c.2336. Wheretwoormoreveinsintersectorcrosseachother, riority Where veins inof title shall govern, and such prior location shall be entitled to all ore or tersect, dm. mineral contained within the space of intersection; but the subsequent location shall have the right of way throu h the space of intersection for 152, s. 14, v. 17,p. the purposes of the convenient working og the mine. And where two or 96- _ more veins unite, the oldest or prior location shall take the vein below 915vL€‘g’¤ 185;* °· the point of union, including al the s e of intersection. ’’ p' ' Sm. :2337. lVhere non-mineral landphbt contiguous to the vein or lode parents fm. ,,0,,_ is used or occupied b the proprietor of such vein or lode for mining or mineral lands, &c. milling urposes, suclinon-adjacent surface-ground may be embraced and 10 May, 1872, c_ included) in an application for a patent for such vein or lode, and the 152, s. 15, v. 17, p. Same may be patented therewith, subject to the same preliminary require- 96- ments as to survey and notice as are aipplicable to veins or lodes; but no s15U12g/· ugh °· location hereafter made of such non-a jacent land shall exceed five acres, ’’ p' ' and payment for the same must be made at the same rate as fixed by this chapter for the superiicies 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. _ Sm. 2338. As a condition of sale, in the absence of necessary legis- wh,; conditions lation by Congress, the local legislature of any State or Territory may ofsaiemaypemade provide rules for working mines, involving easements, drainage, and § other necessary means to their complete development; and those condi- 2S3B ·é¤lyi£86g% tions shall be fully expressed in the patent. 5’°M,;;/1 $$6, cj 91, v. 19, p. 52. Sec. 2339. Whenever, by priority of possession, rights to the use of vcmd rights V, Water for mining, agricultural, manufacturing, or other purposes, have use oi water for vested and accrued, and the same are recognized and acknowledged by ¤;¤¤¤¤8·f&¢-: flzllst the local customs, laws, and the decisions of courts, the possessors and