Before the passing of the mining codes1, special provisions relating to mines2 and minerals3 were inserted in special Acts authorising the making and maintenance of railways, canals, waterworks, sanitary works, highways and similar works. These provisions were not uniform in character and involved different results as to the relative rights of the surface owner and the mine owner, and consequently regard must be had to the provisions of each particular Act to determine the obligation of the mine owner to support the statutory works and his right to compensation
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