338. Covenant to sink shafts or pits.

In the absence of a covenant to that effect, express or implied, there is no obligation upon a lessee to sink a shaft. The mere grant of a liberty to sink a pit or shaft implies no obligation to sink1; nor, where the lessee is in a position to work from an adjoining mine2 and the right to work by instroke3 is not excluded, will the inference be strengthened by the fact that it was possibly contemplated by the parties that a shaft would be sunk for the purpose of working the demised mine, and that specific liberties are