58 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



employ any United States deputy surveyor to make the survey. The 

 Commissioner of the General Land Office shall also have power to 

 establish the maximum charges for surveys and publication of 

 notices under this chapter ; and, in case of excessive charges for pub- 

 lication, he may designate any newspaper published in a land district 

 where mines are situated for the publication of mining notices in 

 such district, and fix the rates to be charged by such paper ; and, to 

 the end that the Commissioner may be fully informed on the subject, 

 each applicant shall file 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 office, which statement shall be transmitted, with the other 

 papers in the case, to the Commissioner of the General Land Office. 



Verification of affidavits. 



Sec. 2335. All affidavits required to be made under this chapter 

 may be verified before any officer authorized to administer oaths 

 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 receiver of the land 

 office. In cases 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 such 

 party can not be found, 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 require proof that such notice has been given. 



Rights where veins* intersect. 



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 mineral contained within the space of intersection ; but 

 the subsequent location shall 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 loca- 

 tion shall take the vein below the point of union, including all the 

 space of intersection. 



Mill sites. 



Sec. 2337. Where nonmineral 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 nonadjacent surface, ground may be 

 embraced and included in an application for a patent for such vein 

 or lode, and the same may be patented therewith, 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 nonadjacent 

 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. 



