ALASKA. 
89 
•the location of such land ; and the register shall require proof that such notice 
has 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 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 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 aie 
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 
shaU 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 ditc 1 
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, 
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 
