Mining Leases Act 1741

MINING LEASES ACT 1741

CHAP. X.

An Act for explaining and amending an act, intituled, An act for the further encouragement of finding and working mines and minerals in this kingdom.

10 G. t. S. recited.

Persone thereby impowered to make leases of mines may make the like leases of coal mines; and open and work them, and in same manner as by said act other mines.

23 G 2. 9.

as if coal minor therein mentioned.

WHEREAS by an act of Parliament, made in this kingdom in the tenth year of the reign of his late Majesty King George the first, intituled, An act for the further encouragement of finding and working mines and minerals within this kingdom, it is among other things enacted, “That all bodies politick and corporate, and others therein mentioned, should thereby be impowered to make and grant leases (not exceeding thirty one years) of all mines and minerals within their respective manors, glebes, or lands, at and under such rents, conditions, and restrictions, as are therein particularly mentioned:” and whereas the said act hath not had the desired effect, chiefly for want of sufficient power to make and carry necessary drains and levels through the lands near or adjoining to such mines; and a doubt hath arisen, whether the said act extends to coal mines: be it declared and 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 all and every person or persons, bodies politick and corporate, impowered by the said act to grant and make leases of any mines and minerals, shall and may make like leases of all or any coal-mine or mines, which are already found, or which shall or may be hereafter found, within their respective lands; and shall and may open, dig, and work, all coal mines to them respectively belonging; and raise and carry away the coals thereof, or make leases thereof, for such term or number of years, and at such rent, and with and under such conditions, restrictions, and limitations, and with such privileges and powers, and in such manner and form, as they are respectively impowered to make or grant by the said recited act, of, for, and concerning any other mine or mineral; and that the said act, and every clause and article therein contained, and not herein and hereby altered or repeated, shall be construed to extend to the finding and working of coal-mines, and carrying away the coals thereof, as fully to all intents and purposes as if coal mines had been particularly mentioned and inserted therein.