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MINING LEASES ACT 1723
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CHAP. V.
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An Act for the further encouragment of finding and working mines and minerals within this kingdom.
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15 G. 2. 10. extended to coal mines.
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23 G. 2. 9. explained, &c.
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25 G. 2. 10. power to make roads from mines to rivers.
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29 G. 2. 12. against unlawful combinations.
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Recital of 4 Anne 12. 3.
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Mines not wrought from legal incapacities of persons where discovered.
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Disadvantage thereof to the nation.
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Bishops, &c. colleges, hospitals, tenants for life remainder to first, & son in tail in dower, or by courtesy with consent of reversioner, may make lenier of mines for 31 years,
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to commence in possession,
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without fine, &c.
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at the most improved rent,
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not less than one tenth of the ore, without regard to digging, &c.
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reserved to lessor, &c.
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WHEREAS by an act of Parliament made and enacted in the reign of the late Queen Anne, intituled, An act to repeat the statute made in the fifth of Henry the fourth, against multiplying gold and silver; and to prevent disputes and controversies concerning rayal mines; it was amongst other things enacted, “That all and every person or persons being subjects to the crown of England, bodies politick or corporate, that then were or thereafter should be the owner or owners, proprietor or proprietors, of any mine or mines within the kingdom of Ireland, wherein any ore then was or thereafter should be discovered, opened, found, or wrought, and in which there was copper, tin, iron, or lead, should and might hold and enjoy the same mine or mines and ore, and continue in the possession thereof, and digg and work the said mine or mines or ore, notwithstanding that such mine or mines, or ore, should be pretended or claimed to be a royal mine or royal mines, any law, usage, or custom to the contrary notwithstanding:” and whereas the said act has not had the full and desired effect, although many mines and minerals have since the passing the same been found out and discovered in this kingdom, some whereof have been wrought to the great advantage of the publick, and many Others, though found, have not been wrought, by reason of the legal incapacities the person or persons lie under, in whose estate or estates the said mines or minerals are so discovered: and whereas the working of all such mines and minerals as are already discovered, or which shall hereafter be discovered, will be greatly for the benefit and advantage of the nation, by not letting the riches thereof lie buried in the earth, and will also tend very much not only to the imploying poor and indigent, but also idle, loose, and dissolute persons, who for want of imployment become a burthen to the nation; for remedy whereof, be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That from and after the five and twentieth day of March, which shall be in the year of our Lord one thousand seven hundred and twenty four, it shall and may be lawful to and for all archbishops and bishops, deans, deans and chapters, arch-deacons, prebendaries, and other dignitaries ecclesiastical, parsons, rectors, vicars, and to and for all bodies politick and corporate, colleges, cathedral or collegiate churches and hospitals, and to and for all and every person or persons whatsoever, who now are, or at any time hereafter shall be, tenant or tenants for life, with an immediate remainder to his or her first and every other son in tail male; and also to and for all and every person and persons, who now are, or at any time hereafter shall be, tenant in dower, or by the curtesie, by and with the consent and concurrence of such person and persons as shall be seized in reversion or remainder of an estate of an inheritance of and in any mines, herein after mentioned, immediately expectant upon the death of such tenant in dower, or by the curtesie; or in cafe of the nonage, ideocy, or lunacy of such person so seized in reversion or remainder, then with and by the consent of the guardian or guardians of such minor, or the committee of such ideot or lunatick, by and with the approbation of the lord chancellor, lord keeper, or commissioners of the great seal of this kingdom for the time being, in the said cafes of nonage, ideocy, or lunacy, by indentures under their respective hands and seals, wherof counterparts are to be duly executed by the respective lessees, to make and grant leases not exceeding the term of thirty one years, of all mines and minerals whatsoever, which are already found, or shall or may hereafter be found, and discovered within their respective mannors, glebes, or lands; so as the same be made to commence in possession, without any fine or income, or any other consideration than the yearly rent in such lease or leases reserved and mentioned; and so as the most improved rent, that can be reasonably gotten for the same, be reserved upon every such lease; and that such rent be not less in value than one tenth part or share of the ore to be dugg and raised out of such mines or minerals, without any regard had to the charges and expences in digging, raising, and laying the same on the bank; and so as such rent shall be reserved and made payable in and by such leases to such lessor and lessors, or such other person and persons as should from time to time, during the continuance of such lease, have been actually intitled by the laws of this kingdom to the benefit of such mines and minerals, in case this act had not been made.
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Two fifths of the rent to tenant for life not dispunishable of waste:
the other 3 to those in remainder in whom inheritance.
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II. Provided always, That where any such lease shall be made by any tenant for life not dispunishable of waste, with immediate remainders to his or her first and every other son in taile, two fifth parts of the yearly rent to be reserved thereupon shall be be made payable to the tenant for life, and the other three fifth parts of such rent to the person and persons in remainder, in whom the inheritance of the mines comprized in such lease shall from time to time happen to be vested, during the time such inheritance shall continue vested in him and them respectively.
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Guardians and committees with consent of lord chancellor may make such leases for infants, ideots or lunaticks.
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III. And whereas it may happen, that such tenants for life, tenants in dower, or by the curtesie, may be infants, ideots, or lunaticks: be it therefore enacted by the authority aforesaid, That in all and every such case and cases it shall and may be lawful for all guardians, trustees, and committees, of and for such infants, ideots, and lunaticks, by and with the consent of the lord, chancellor of this kingdom, or lord keeper, or commissioners of the great seal for the time being, to grant and make leases, not exceeding the term of thirty one years, of all mines and minerals whatsoever, as are or shall be found in the mannors, lands, and tenements of such infants, ideots, or lunaticks, for the said term of thirty one years, so as such rent be reserved as aforesaid, and so as such consent be had, and all the other directions and restrictions herein before mentioned be observed in the making such leases.
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Lands let in fee farm, or for lives renewable for ever, or long term years, Mines excepted, they to whom rent or reversion belong may open & work mines, and make such leases.
23 G. 2. 9.
and houses for said purpose may be built, and turf dug for use thereof,
Allowance for damage 88 agreed on,
or by jury before two justices.
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IV. And whereas many proprietors of lands in this kingdom for the improvement thereof, and for encouraging improving tenants, have sett their lands in fee-farm, and for leases for lives renewable for ever, or for a long term for years, with an exception of mines or minerals in such fee-farms or leases: be it enacted by the authority aforesaid, That all and every person and persons, to whom the rent upon such fee-farms, or the immediate reversion in fee simple or fee tail expectant on such lease or leases, do or shall belong, shall have full power and authority to open, digg, and work all mines or minerals, which shall or may be had or found in or upon the said lands, and to raise and carry away the ore thereof, or to demise the same for thirty one years as aforesaid; and that all and every the persons aforesaid, and all and every person and persons, to whom the said mines and minerals shall be demised as aforesaid, shall and may have free liberty to build all such houses, as shall be found convenient and useful for working the said mines, and to digg and make turfe for the use of the said houses, where the same shall happen to be in boggs or mountains, only; making always to such person or persons as shall be intitled to the possession of the lands, whereon or wherein such mines and minerals shall be dugg for, wrought, or found, such yearly or other reasonable allowance for the damage sustained upon account of digging such mines, and raising and carrying away the ore, or for the building such houses, or the digging such turfe as shall be agreed upon by and between the parties interested therein; and in case the said parties do not agree, then such damages shall be determined and ascertained by a jury of twelve legal freeholders of the county, where such mines or minerals shall be opened, dugg for, or found, upon their oaths in the presence of two or more justices of the peace for such county.
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Sheriff on precept shall return 24 freeholders,
due notice of time and place,
justices, shall certify the finding into B. R.
Like process as in judgment on inquiry of damages.
Six of the jury shall view the places.
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V. And be it further enacted by the authority aforesaid, That in case the said parties do not agree among themselves, then and in every such case any two neighbouring justices of the peace for such county are hereby impowered, authorized, and required, to issue a precept in writing under their hands and seals, requiring the sheriff of such county to return four and twenty freeholders at the least at such time and place, as shall in such precept be appointed, due notice of which time and place shall always be given to both parties; out of which four and twenty freeholders so returned, twelve legal and indifferent men shall be sworn to try and ascertain the damages, and the allowance to be made for such damages; and that the said two justices do and shall certifie such finding or inquisition under their hands and seals into his Majesty’s court of King’s-bench, which shall be recorded in the said court, and the like process shall issue thereon, as in case of a judgment upon a writ of inquiry of damages: provided that, before the said twelve men so sworn shall make any return for the ascertaining of the said damages, six of them at least shall personally inspect and view the several places, where the said damages are alleged to be done.
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Mines shall not be opened or worked in lands of bishops, &c. whereon a church or house, church yard, garden, orchard, or avenue:
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VI. Provided always, That it shall not be lawful to or for any person or persons in pursuancc of this act to open, dig for, or work any mines or minerals in any land belonging to any archbishop, bishop, dean, archdeacon, prebendary, or other dignitary ecclesiastical, parson, rector, or vicar, whereon any church, house, or out-house shall stand or be erected, or wherein any church-yard, garden, orchard, or avenue now are, or hereafter shall be, made or planted; any thing herein contained to the contrary notwithstanding.
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nor where any house, &c. without licence in writing of tenant or possessor, and of immediate reversioner.
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VII. Provided always, That it shall not be lawful to or for any other person or persons in pursuance of this act to open, search, dig for, or work any mines or minerals in any spot of ground, whereon any house, backside, garden, orchard, or avenue now are or shall be, without the licence or consent of the tenant or possessor thereof, and of all and every other person or persons who shall be seized of the immediate reversion and inheritance of the said lands expectant on the lease or leases, which have been or shall be made in fee simple or fee tail, first had and obtained in writing.
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Lease by mortgagee void against person having equity of redemption, unless he joins or consents.
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VIII. Provided also, That if any mortgagee or mortgagees of any lands or tenements do or shall make such lease or leases as aforesaid, the same shall be void against the person or persons, who shall be intitled to the equity of redemption of the same, unless such person or persons shall join in such lease or leases, or otherwise consent or agree thereto.
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Leases good against successors and reversioners.
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IX. And be it enacted by the authority aforesaid, That all leases made by vertue of and pursuant to this act shall be and remain good, valid, and effectual, not only against the person, who shall make such leases, but also against all and every their respective successors, and all and every person and persons having or claiming any estate, right, title, or interest, in reversion or remainder expectant on the determination of the estate of such tenant for life, tenant in dower, or tenant by the curtesie, in, to, or out of, any mines so to be demised; any law, statute, or usage, to the contrary notwithstanding.
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Lessee not beginning to work in a year, or afterwards not keeping 6 able men employed 150 days in a year, lease void;
and lessor may re-enter.
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X. Provided always, That if any person or persons, who shall take, have, or claim, any right, title, estate, or interest, of or in any mine or mineral by virtue of or under any lease to be made in pursuance of this act, shall not begin effectually to work in such mine or mineral within one year next after the commencement of such lease, or shall after the said first year neglect to keep six able workmen therein employed for one hundred and fifty days in any one year, during the term of the said lease, for the effectual carrying on of the said work; then and in either of the said cases the lease so made shall be from thenceforth null and void both in law and equity; and it shall and may be lawful for the lessor or lessors, or such other person or persons, who shall be intitled to the rent reserved on such lease, to re-enter in and upon such demised premisses, and the same to have again, repossess, and enjoy, as in his or their former estate.
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Jointress shall not make leases of mines.
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XI. Provided, That nothing in this act contained shall extend to enable any jointress to make any lease or leases of any mines or minerals, which are or shall be found in any lands or tenements, which such jointress shall hold as part of her jointure.
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Saving to the King right of pre-emption of ore, and all other rights.
1 G. 2. 24. destroying the engines, &C. felony, and a penalty for imbezzling tools.
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XII. Saving and reserving to the King’s most excellent Majesty, his heirs and successor’s, all such rights of pre-emption of ore, and all other rights, duties, and demands whatsoever, in, unto, or out of, any mines, minerals, and ore, or any of them, as his Majesty, his heirs and successors, might or would have been entitled unto, in case this act had not been made; any thing herein contained to the contrary notwithstanding.
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