Mining Leases Act 1749
MINING LEASES ACT 1749 | ||
CHAP. IX. | ||
An Act for explaining and amending an act, intituled, An act for the further encouragement of finding and working mines and minerals within this kingdom. | ||
10 G. 1. 5. recited, enabling bishops; tenants for life, &c. to lease mines for 31 years. | ||
Not sufficient encouragement thereby for coal mines : 15 G. 2. 10. | ||
Persons by 10 G. 1. 5. impowered may by indentures in presence of 2 witnesses lease coal mines 41 years in possession, at rents not under 2 d. per ton, without fine or other consideration, with clause of entry and distress, | ||
counterparts to be executed, the rent payable to such as would be actually intitled to profits of the land. | ||
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, intitued, An act for the further encouragement of finding and working mines and minerals within this kingdom, it is among other things enacted, “That all archbishops, bishops, tenants for life with an immediate remainder to his or her first and every other son in tail male, and others therein mentioned, should thereby be impowered to make 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 mentioned:” and whereas the said act has not given sufficient encouragement for the finding and working of coal mines : 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 it shall and may be lawful to and for all and every person and persons, bodies politick and corporate, impowered by the said act of the tenth year of his said late Majesty King George the first, and they and every of them are hereby authorized and impowered by indentures under their respective hands and seals, to be executed in the presence of two or more witnesses, to demise, make, or grant any lease or leases of all or any coal mine or coal mines whatsoever, which are already found, or shall or may hereafter be found and discovered, within their respective manors, glebes, or lands, for any term or number of years, not exceeding forty one years, in possession, and not in reversion, at any rent or rents not less than two pence for every tun of coals which shall be raised and laid upon the bank, without fine or income, or any other consideration than the yearly rent reserved in such leases respectively, with proper clauses of entry and distress for non-payment of the rent or rents thereby to be reserved; so as the lessee or lessees in such leases do seal and execute counterparts thereof and so as such rent or rents shall be reserved; and made payable, in and by every such lease, during the continuance of the term, to the lessor or lessors, and such other person and persons as would from time to time during the continuance of such lease be actually intitled to the profits of the land, in which such coal mine is or shall be found, in case such lease had not been made. |