348. Form of licence.

Mining licences, coupled with a grant, must be created by deed in order to create a legal right1, and can only be legally transferred by deed2; but a licence under hand only3, or one which is merely oral, may be effectual if the licensee incurs expense in working on the faith of it4.

Except so far as they differ by the omission of the demised parcels, mining licences which amount to a profit à prendre are usually made in a form similar to mining leases and contain similar covenants and provisions