The book English Ruling Cases volume 17 was written by author Robert Campbell Here you can read free online of English Ruling Cases volume 17 book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is English Ruling Cases volume 17 a good or bad book?
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The Lord Chancellor (Lord Selborne) ob- served that the existence of the covenant by the lessee to work in "the usual and most approved way of working in the county of Glamorgan, *' assuming that the usual way involved a letting down of the surface, could not have been intended to absolve the lessee from a legal obliga- tion (that of support) collateral to the working of the mine. Lord Blackburn observed that the compensation clause was obviously meant to include surface damage arising from the... powers of entry :ind user of the surface, and therefore did not, by implication, rebut the usual presumption against the right to let down the surface. Lord WATSON stated the principles applying to the case as follows: "When a proprietor of the surface and the subjacent strata grants a lease of the whole or part of his minerals to a tenant, I think it is an implied term of that contract that support shall be given in the course of working to the surface of the land. If it is not intended that that right should be reserved, the parties must make it very clear upon the face of their contract; in other words, they must express their inten- i ion BO clearly as to enable a Court to say that such intention is plain.
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