132. Implication from compensation provisions.

Where the power of getting the minerals1 is made subject to the payment of compensation for surface damage, the scope of the compensation clause may, in the absence of evidence as to the inevitability of subsidence, be material in considering the extent of the working powers granted or reserved2. It is not the function of a compensation clause to define or extend working powers3. If the clause is capable of being satisfied by construing it as a provision for compensation in respect of surface injury, caused by the exercise of surface powers, it will be so limited, even where

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