325. General principles.

A lease of mines or minerals includes by implication a right to get out or enjoy all minerals1 except coal2. The incidental power, however, warrants nothing beyond what is strictly necessary for the convenient working of the minerals (which does not include the surface)3, and it is usual in a mining lease to grant express liberty to work and to do such other things as, in the particular instance, are contemplated as being desirable for that purpose. An implied power is not restricted by the grant of an express power which is exercisable to a greater extent or for