Notwithstanding the provisions of the preceding section, in legal usufructs the usufructuary may work the mines existing in the lands, retaining one-half of the proceeds which result after deducting the expenses, which he shall share equally with the owner. Exception is made of the case where, during the usufruct by the widowed spouse, a mineral vein is discovered in a landed property with posteriority to the assignation thereof in satisfaction of the usufructuary share. When it so happens, the heirs may proceed to a new partition of property, in order that the usufructuary share be adjudicated in the legal proportion.
History —Civil Code, 1930, § 406.