129. Implication from reservation of working powers.

The inclusion in the instrument of severance of a clause in the widest terms conferring general powers of working is not sufficient to rebut the presumption in favour of the surface owner; such a clause confers prima facie only the powers of working incident at common law to the ownership of mines1. An implication of the right to withdraw support may, however, be made from the reservation of working powers which existed before the severance, as where mines are excepted from a transfer of the surface, with a reservation of powers of working and getting the excepted minerals

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