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High Peak Mining Customs and Mineral Courts Act 1851

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High Peak Mining Customs and Mineral Courts Act 1851

1851 CHAPTER 94

An Act to define and amend the Mineral Customs of certain Parts of the Hundred of High Peak in the County of Derby, Part of the Possessions of Her Majesty's Duchy of Lancaster; to make Provision for the better Administration of Justice in the Barmote Courts therein ; and to improve the Practice and Proceedings of the said Courts.

[7th August 1851]

WHEREAS the Queen's most Excellent Majesty in right of Her Duchy of Lancaster is seised to Her and Her Heirs and Successors of and in the Hundred of High Peak in the County of Derby, and is entitled to the Mineral Duties in certain Parts of the Hundred of High Peak: And whereas within the said Hundred there is a District called the King's Field, otherwise the King's Fee, which consists of Seven smaller Liberties or Districts, to wit, Castleton, Bradwell, Hucklow, Winster, Moniash, Taddington, and Upper Haddon : And whereas all the Subjects of this Realm have from Time immemorial had or claimed to have a Right to search for, sink, and dig Mines or Veins of Lead Ore within the King's Field aforesaid, subject to certain ancient Mineral Laws and Customs, and upon paying certain Duties to Her Majesty and Her Predecessors, and Her and their Lessees for the Time being: And whereas for the Regulation of the said Mines, and for deciding Questions of Title and other Matters relating thereto, there have existed within the King's Field aforesaid certain Courts called the Great Barmote Court and the Small Barmote Court: And whereas the Mineral Laws and Customs of the King's Field aforesaid are uncertain and undefined, and are in many respects inapplicable to the present Mining Operations within the King's Field aforesaid : And whereas Doubts have arisen whether the Jurisdiction of the Barmote Courts extends over such Parts of the said Hundred of High Peak within which Her said Majesty is entitled to the Mineral Duties, but which are not included in the King's Field aforesaid, although the same Rights of Mining are exercised therein: And whereas it is advisable that the said Mineral Laws and Customs should be revised, altered, and amended so as to be made applicable to the present State of Mining Operations within the said Hundred, and that the Jurisdiction of the said Great and Small Barmote Courts should be more clearly defined and settled: And whereas the Most Noble William Spencer Duke of Devonshire is the Lessee of the said Duties by Grant under the Seal of Her Majesty's Duchy of Lancaster: Be it therefore enacted by the Queen'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, as follows:

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