38. Access to and inspection of mine.

38.     Access to and inspection of mine.

Where workings have taken place wrongfully, the owner of the mines1 and minerals2 may obtain liberty of access for the purpose of stopping up passages into his mine3. In a proper case, an order for inspection of the defendant's mine through his pits may be obtained on interim application4. Such an order is granted with all necessary incidental powers, so that all obstructions will be directed to be removed except where such removal will occasion danger to life or destruction of the mine5. The order has usually been granted subject