Mining Leases Act 1723
MINING LEASES ACT 1723 | ||
CHAP. V. | ||
An Act for the further encouragment of finding and working mines and minerals within this kingdom. | ||
15 G. 2. 10. extended to coal mines. | ||
23 G. 2. 9. explained, &c. | ||
25 G. 2. 10. power to make roads from mines to rivers. | ||
29 G. 2. 12. against unlawful combinations. | ||
Recital of 4 Anne 12. 3. | ||
Mines not wrought from legal incapacities of persons where discovered. | ||
Disadvantage thereof to the nation. | ||
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, | ||
to commence in possession, | ||
without fine, &c. | ||
at the most improved rent, | ||
not less than one tenth of the ore, without regard to digging, &c. | ||
reserved to lessor, &c. | ||
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. |