5. Open and new mines, quarries and active and dormant mineral sites.

A mine1 is said to be open when it has been devoted by a person lawfully entitled to do so to the purpose of making a profit by the working and sale of the minerals in it2. The question what is an open mine derives such importance as it has from its bearing upon the rights of limited owners3. The mine, if open at the time of the creation of limited estates, remains an open mine4. Under the old law5 a mine might be opened, during the subsistence of the limitations under which such estates arose, either by a