336. Covenant to work continuously.

Covenants as to working are inserted in a mining lease either to ensure that the demised mine will be worked continuously, or that it will be worked in a particular manner1, or in some cases to effect both objects. A lessee is not bound to work continuously or at all unless he undertakes to do so2, and it is often a difficult question of construction into which of the foregoing classes a particular covenant falls3.

If a lessee covenants without qualification to work the demised mine continuously he is liable for breach of covenant even if the working should prove