138. Special provisions as to support.

Railway Acts passed before the enactment of the general statutory code1, canal Acts and other similar Acts usually contain specific provisions with regard to mines2 and minerals3. Whether the undertakers acquire a right of support is then a question of the construction of the special provisions of the Acts4. The Acts may be divided into three classes:

  1.  

    (1)     those in which there is an immediate expressed or implied grant of the right of support, with an inherent right to immediate compensation on the part of the mine owner