Lord Sumner:-

The first question in this appeal concerns the validity and effect of Regulation No. 2 of the Mines and Works Regulations, 1903. The ordinances under which this regulation was made were two, the Mines, Works and Machinery Regulations Ordinance, 1903 (No. 54 of 1903), and the Mines, Works and Machinery Regulations (Amendment) Ordinance, 1905 (No. 31 of 1905). The latter amended the former and is to be read as one with it. So reading them, and omitting immaterial and unimportant words, the enactment may in effect and for present purposes be stated as follows :

"The supervision of all mines and works and machinery shall be exercised by the Government Mining Engineer, the inspector of mines, the inspectors of machinery, and other officers appointed by the Government in that behalf. It shall be lawful for the Lieutenant-Governor to make regulations in respect of mines (including all excavations for the purpose of winning minerals, whether abandoned or actually being worked, on the surface and underground) for the protection and preservation of the surface of mines and works and of railways, and for laying down conditions under which such railways may be undermined."

It should