279. Implication of ancillary powers.

279.     Implication of ancillary powers.

An express liberty to dig pits implies prima facie a right, subject to planning regulation1, to fix on the surface machinery necessary for draining the mines and raising the minerals2. Similarly, it has been held that a liberty with employees, carriages and horses to enter and carry away the minerals may authorise the construction of a railway3, and liberty to make a sough or drain carries with it liberty to make sough pits for its repair4. To an express right of working is probably incidental the right to deposit