| Description |
70 LAWS OF CONGRESS have the right of way through the space of intersection for the purposes of the convenient working of the mine. And 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, patents for Sec. 2337. Where non-mineral land not contiguous to non-mineral . . °. lands, &c. the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and included in fiM!, an application for a patent for such vein or lode, and the p> %' same may be patented therewith, subject to the same pre- liminary requirements as to survey and notice as are applicable to veins or lodes: but no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter 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. what condi- Sbc. 2338. As a condition of sale in the absence of nec- tions of sale ^e essary legislation by Congress, the local Legislature of any isiature. State or Territory may provide rules for working mines in-26 July, 1866, c. volving easements, drainage, and other necessary means to pf253.5'Y'14> their complete development; and those conditions shall be fully expressed in the patent. vested rights Sec. 2339. Whenever, by priority of possession, rights touseofwater • • • i. , « \ . for mining, to the use oi water for mining, agricultural, manufacturing, &c; right of °- & ' ., &' way for or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners 26 July, 1866, c. of such vested rights shall be maintained and protected in 262 s 9 v 14 p. 253. ' " ' the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed: but whenever any person, in the construction of any ditch or canal, injures, or damages, the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. emptionand Sec. 2340. All patents granted, or pre-emption or home-su>bjeectttods steads allowed, shall be subject to any vested and accrued crueddwat!er"c~ water rights, or rights to ditches and reservoirs used in con-ri?h1ts< ,M nection with such water rights, as may have been acquired 9July, 1870,c. ,. . mh\%17> v> 16' 1111<^e:r or recognized by the preceding section. Sec. 2341. Wherever, upon the lands heretofore desig- |
