(s 3 & 4 Will. IV. c. 27, amended by 37 & 38 Vict. c. 57.

(t) Thew. Wingate, 10 B. & S. 714, n.; Seddon v. Smith, 36 L. T. N. S. 168; Williams on Commons, 152 - 154.

(u) The owner of the mines or strata so severed is therefore entitled to use the spaces left when the minerals have been worked out for any purpose he may please, such as the carriage of minerals gotten from under adjoining lands; Proud v. Bates, 11 Jur. N. S. 441; Batten Pooll v. Kennedy, 1907, 1 Ch. 256. It should be noted that the reservation, upon a conveyance of land, of the mere right to get the coal or other minerals thereunder, is an entirely different thing from an exception of the mines and only confers on the grantee a profit a prendre, which is an incorporeal hereditament; Sutherland v. Heatkeote, 1892,1 Ch. 475; and see Williams on Commons, 219.

(x) Seaman v. Vaudrey, 16 Ves.:i90, 392; Norway v. 'Rowe, 19 Ves. 144,156; Cardigan v. Armi-tage, 2 B, & C. 197: McDonnell Title to severed mines by adverse possession.

Mines under copyholds.

(v). McKinty, 10 Ir. L. R 544; Smith v. Lloyd, 9 Ex. 562; Trustees, etc. Agency Co., Ltd, v. Short, 13 App Cas. 793, 799; Williams on Commons, 216- 219; Davidson, Prec. Conv. vol. ii. pt. i. p. 489, n., 4th ed.

(y) See previous note; McSwin-ney on Mines, 584. 3rd ed.

(z) Hall, V.-C., Ashton v. Stock, 6 Ch. D. 719, 726; Low Moor Co. v. 8ta«ley Coal Co ,34 L T. 186; Glyn v. Howell, 1909, 1 Oh. 666, 675 sq. So also where minerals are embedded in the surface soil and gotten by surface workings, as gravel obtained by digging in gravel pits or stone by quarrying, a title under the Statute of I,imitations may be acquired by keeping possession of them, along with the surface, for the necessary period; Smith v. Storks, 38 L. J. Q. B. 30G.

(a) Dartmouth v. Spittle, 24 L. T. N. S. 67; Ashton v. Stock, ubi sup.; Thompson v. Hickman, 1907, 1 Ch. 550.

(b) Low Moor Co, v. Stanley Coal 34 L. T. 186. 189; Glyn v.

Howell, 1909, 1 Ch. 666.

(c) Winchester v. Knight,1 P.W. 406; Bourne v. Taylor, 10 East, 189; Lewis v. Branthwaite, 2 B

Ad. 437; Keyes v. Powell, 2 E

& B 132: Eardley v. Granville, 3 ch. D. 826,832, 833: 1 Seriv Corp. 508 sq . 3rded.; Wms. Real 355, 13th ed.: 164, 21st ed. If the lord have by custom

At common law, it is presumed that the soil of all roads, whether highways or private ways, running through and enclosed on both sides by one man's land belongs to him (f); that a conveyance of the lands on both sides of the road includes the soil of the road (g); and that a conveyance by him of the land on one side of the road includes the soil of the nearest half, up to the middle of the road (h). Where such roads divide the lands of different owners, the presumption is that the owner of the land on each side of the road is entitled to the soil of that part of the road which adjoins his land up to the middle of the road; that any strips of waste land lying by the side of the road belong to the owner of the adjoining close (i); and that any conveyance of the adjoining land carries with it the soil of one half of the road (k). And the same presumption arises in the case of a contract of sale of land as in that of a conveyance (I). These presumptions, however, may be rebutted by evidence that the ownership of the soil is not in the person or persons in whom, but for such evidence, it would be presumed to be (m), or that it was not the intention of the conveying parties to assure any part of the soil of the road (n). Whenever any conveyance is to be made of any land adjoining a road, the draftsman should take great care to make it unmistakably plain, whether any part of the soil of the road is intended to pass or not. Under the Public Health Act, 1875 (o), the surface soil of all streets, which are or become highways repairable by the inhabitants at large within any urban district, vests in the urban sanitary authority to the depth necessary for exercising the powers conferred by the Act: but the sub-soil, including all mines and minerals therein, remains vested in the person or persons entitled (save as provided by the Act) to the land, which is the site of the street (p) Under the right to enter and get the mines, he is not entitled to use the spaces left where the minerals have been worked out for any other purposes than such as are incidental to exercising this right, without the tenant's consent; Eardley v. Granville, 3 Ch. D. 826; cf. above, p. 414, n. (x).

Metropolis Management Act, 1855 (q), the surface soil of all streets in the metropolis, which are highways, vests in the local authority to the same extent (r). Under the Public Health (London) Act, 1801 (s), however, the sub-soil of any road, exclusive of the footway adjoining any building or the curtilage of a building, is vested in the local sanitary authority for the purposes of making such public conveniences as are specified in sect. 44 of that Act. This enactment makes the sanitary authority the owner of such conveniences when made, but does not appear to confer any greater interest in the sub-soil than is necessary for the purposes specified (t). Under the Local Government Act, 1888 (u), all main roads within the meaning of the Highways and Locomotives (Amendment) Act, 1878 (x), vest in the County Council, except where the urban sanitary authority retain the powers and duties of maintaining and repairing such road (y). It has been held that this enactment does not make the County Council the owner of strips of waste land lying by the side of such roads, so as to entitle them to take the herbage thereof (z): but it appears to vest in them the surface soil of the metalled road and any footpath lying by its side (a), so far as is necessary for the exercise of the powers vested in them (b).

Soil of roads.

(d) 1 Scriv. Cop. 25, 3rd ed.; above, p. 414; and see Davidson, Prec. Conv. vol. ii. pt. i. p. 386, n., 4th ed.

(e) See above, p. 414, n. (?•). (f) Salisbury v. Great Northern