ALASKA. 89 



the location of such land ; and the register shall require proof that such notice 

 lias been given. 



Sec. 2336. 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 min- 

 eral contained within the space oi intersection ; but the subsequent location 

 shall have the right of wav 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. 



Sec. 2337. 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 pur- 

 poses, such non-adjacent surface-ground may be embraced and included in an 

 application for a patent for such vein or lode, and the same may be patented there- 

 with, subject to the same preliminary 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. 



Sec. 2338. As a condition of sale, in the absence of necessary legislation by 

 Congress, the local legislature of any State or Territory may provide rules for 

 working mines, involving easements, drainage, and other necessary means to 

 their complete development; and those conditions shall be fully expressed in 

 the patent. 



Sec. 2339. Whenever, by priority of possession, rights to the use of water 

 for mining, agricultural, manufacturing, 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 of such vested rights 

 shall be maintained and protected in the same; and the right of way for the 

 construction of ditches and canals for the purposes herein specified is acknowl- 

 edged 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. 



Sec. 2340. All patents granted, or pre-emption or homesteads allowed, shall 

 be subject to any vested and accrued water-rights, or rights to ditches and reser- 

 voirs used in connection with such water-rights, as may have been acquired 

 under or recognized by the preceding section. 



Sec. 2341. Wherever, upon the lands heretofore designated as mineral lands, 

 which have been excluded from survey and sale, there have been homesteads 



