318. Nature of mining lease.

A lease1 may be granted of land or any part of land, and since minerals are a part of the land2 it follows that a lease can be granted of the surface of the land and the minerals below, or of the surface alone3, or of the minerals alone4. It has been said that a contract for the working and getting of minerals, although for convenience called a mining lease, is not in reality a lease at all in the sense in which one speaks of an agricultural lease, and that such a contract, properly considered, is really a