44. Entitlement to damages recovered as between limited owners.

If a lease with liberty to dig for minerals amounts to an absolute sale of all the minerals1, the lessee is entitled as between himself and the lessor to retain the whole damages recovered by him from a trespasser who has worked the minerals2.

If a tenant for life is not impeachable for waste he is entitled to compensation recovered from a trespasser in respect of minerals worked during the life tenancy

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