Section 17

Every mining. lease shall by virtue of this Act and in the absence of any express provision to the contrary, be subject to the following implied condition in respect of the land comprised therein, that is to say, that in case of a breach of or default of observance of any of the conditions of the said lease, whether expressed or implied by the provi-sions of this Act, the Minister or any officer authorised by him may on behalf of His Majesty re-enter on the land comprised in such lease, or on any portion thereof in the name of the whole, and thereupon the same shall be for-feited to and vest in His Majesty:

Provided that no re-entry shall be made on the ground of any such breach or default as aforesaid that may be capable

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Mining of being repaired or made good, until after notice shall have been given to repair and make good such breach or default within such reasonable time as may be limited in the notice and the lessee shall nevertheless have persisted in his neg-lect or refusal to repair and make good the same:

And provided further that forfeiture may be enforced notwithstanding the fact that rent may have been received under such lease after the accrual of the liability to forfei-ture, but so that if the forfeiture be enforced any rent re-ceived after the accrual of such liability shall be repaid.