The statutory provision as to cross veins, is as follows:

"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 location shall take the vein below the point of the union, including all the space of intersection.

"The words 'intersect' and 'cross' as used in this section are not strictly synonymous and in using both, it must be presumed, intended to provide for different conditions. Veins might intersect, either on their strike or dip, and not cross; in that event, it was necessary to provide which location should have the ore at the space of intersection, and it was declared that the prior location should have the ore within that space. In case they crossed, then a further provision was necessary, and it was provided that the junior location should have the right of way through the space of intersection for the convenient working of the mine.,, 7

5 Montana Ore Purchasing Co. vs. Boston, etc., Consol. Copper, etc., Min. Co. (1903), 27 Mont., 536.

6 King vs. Amy, etc., Min. Co., 152 U. S., 222.

This section has a controlling effect over section 2322 R. S., and limits the rights of the first locator of a mine in and to cross and intersecting veins to the ore which may be found in the space of intersection. If there are in fact two lodes crossing each other in these locations, the party having the elder title by patent has the better right, and it is limited as last stated. If there are two veins uniting in their downward course, this section is applicable.8

The provisions of this section refer to the intersection or crossing of veins either upon their strike or dip; the space of intersection, in determination of ownership of ore within such space, means either intersection of veins or conflicting claims according to the facts of each particular case, and grants a right of way to the junior claimant for the convenient working of his mine through such space upon the veins which he owns or controls outside of that space.9

When two veins for two mining claims belong to one person unite, and the vein thus formed continues down until it strikes a third vein belonging to another, the priority will be determined as between the date of the earliest of the two former claims and that of the third claim.10

7 Calhoun Gold Min. Co. vs. Aiax Gold Min. Co. (1899), 27 Colo., 178.

8 Hall vs. Equator Min., etc., Co. (1879), 11 Fed. Cas. No. 5, 931, 9 Calhoun Gold Min. Co. vs. Ajax Gold Min. Co. (1899), 27 Colo., 22. 10 Little Josephine Min. Co. vs.

Fullerton (C. C. A., 1893), 58

Fed. Rep., 521.