371. Powers of tenant for years.

371.     Powers of tenant for years.

Similarly, the rights of a tenant for years may be varied by the lease under which he holds. If the lease expressly grants 'all mines' he may work new mines1; if it grants land with the mines in it, and the land contains both open and unopened mines, the lessee may only work the opened mines; however, if there are no open mines, he may open new ones2. An exception of 'all royalties' in a lease of land does not diminish the tenant's power to work open mines3