1U.K.It is lawful for all the Subjects of this Realm to search for, sink, and dig Mines or Veins or Lead Ore upon, in, or under all Manner of Lands of whose Inheritance soever they may be (Churches, Churchyards, Places for Public Worship, Burial Grounds, Dwelling Houses, Orchards, Gardens, Pleasure Grounds, and Highways excepted), but if no Vein of Ore be found, and the Person making Search discontinues it for Fourteen Days, the Land must be levelled and made good by the Person making the Search within the Space of Six Days after the Expiration of the said Fourteen Days, or the Owner of such Land may level and make good the same, and recover the Expenses thereof from the Miner in an Action of Debt in the Small Barmote Court, or in the County Court: Provided always, that nothing herein contained shall prevent or hinder the Miner from following and working his Vein, and searching for and getting Lead Ore under such excepted Places as aforesaid; but in case by so doing he shall damage or injure any such excepted Places or the Surface thereof, the Owner or reputed Owner and Occupier may recover from such Miner Compensation for such Damage or Injury, by Action in the County Court if the Damage shall not exceed Fifty Pounds, or otherwise by Action in the Superior Courts; but in case the Owner or reputed Owner or Occupier of such excepted Place as aforesaid apprehends that such working will endanger the Security of such excepted Places, the Steward and Grand Jury shall have Power to suspend the working of such Vein, or to direct the working thereof, so as to prevent such Damage.
2U.K.In all Cases the Landowner shall have Power to sell and dispose of the Calk, Feagh, Spar, and other Minerals and Rubbish (except Lead Ore), and to remove the same from his Land so soon as the Lead Ore has been extracted from it, when and as often as he thinks proper, and when not required for the Use of the Mine, but not so as to destroy or injure any Mineral Property, without the Consent of the Barmaster and any Two Members of the Grand Jury.
3U.K.The Barmaster and every Deputy Barmaster shall provide a Dish or Measure which shall contain Fifteen Pints of Water, and be adjusted in the Presence of Two of the Grand Jury, for measuring the Ore, and they shall forfeit the Sum of Two Pounds every Time they are required to measure Ore of any Mine and are unprovided with such Dish or Measure, such Penalty of Two Pounds to be recovered and received for his own Use by the Person who shall have required the Ore to be measured, by an Action in the County Court.
4U.K.The Barmaster, together with Two of the Grand Jury, shall provide the Miners a Way, either for Foot Passengers or Carts as may be required, from the nearest Highway to the Mine, and also from the Mine to the nearest running Stream, Spring, or natural Pond of Water, such Ways to be set out in as short a Course as may be practicable and reasonable. No Compensation is to be claimed by the Occupier or Landowner for such Ways, but such Ways are not to be considered public, and the Use thereof is to be limited to Persons and Purposes connected with the Mine, and all Rights of Way are to cease when the Mine shall be no longer worked. The Parties entitled to use the Way may make sufficient Ways for Use, and keep the same in repair, and may also use for Mining Purposes the Water from the nearest running Stream, Spring, or natural Pond.
5U.K.Every Miner shall, so long as his Mine shall be worked, be entitled, without making any Payment for the same, to the exclusive Use of so much Surface Land as shall be thought necessary by the Barmaster and Two of the Grand Jury and be set out by them, for the Purpose of laying Rubbish, dressing his Ore, briddling, making Meers or Ponds, and conveying Water thereto, and any other Mining Purposes. The Miner shall in all Cases, before he commences any Search or uses any Land, make Fences sufficient for the Protection of Cattle from any Injury which might arise from his Operations, and keep such Fences in sufficient Repair.
6U.K.Any Person may transfer his Interest in any Mine or Vein to any other Person by causing an Entry of such Transfer to be made by the Barmaster in the Book to be kept by him as mentioned in the Fourteenth Section, and such Transfer, when so entered, shall be valid and effectual.
7U.K.When Ore has been raised by any Miner, and he shall desire such Ore to be measured, the Miner shall give the Barmaster Twenty-four Hours Notice of the Time he intends to measure; and if the Barmaster neglect or refuse to attend, then the Miner may employ any Two Persons, One of them being on the Grand Jury, who shall measure such Ore, and lay the Duties aside, for the Use of the Lessee for the Time being of the Duties of Lot and Cope, and if there shall be no such Lessee, for the Use of Her Majesty and Her Successors.
8U.K.No Person shall sell any Ore, or remove any Ore from the Mine, unless and until the same shall have been measured by the Barmaster, or by such Two Persons as aforesaid in the event of the Non-attendance of the Barmaster, upon pain of forfeiting the full Value thereof to the Lessee of the Duties of Lot and Cope, or if there shall be no such Lessee, then to Her Majesty or Her Successors; and in case of Nonpayment of such Value, after Six clear Days Notice requiring the same shall have been given by the Barmaster to the Miner, or affixed in or upon some Part of the Mine or the Works thereof, the Mine at which such Ore was got shall be forfeited to the Lessee of the said Duties, and if there shall be no such Lessee, then to Her Majesty and Her Successors; and Possession thereof may be recovered in Manner herein-after provided.
9U.K.The Duties heretofore called the Duties of Lot and Cope are and shall be payable to Her Majesty and Her Successors, or to Her or Their Lessee for the Time being. The Duty called Lot is and shall be One Thirteenth Part of all Ore raised within the Jurisdiction of the Barmote Courts as hereby declared and established, such Thirteenth Part to be set apart and taken by the Barmaster when he measures any Ore; and the Duty called Cope is and shall be the Sum of Fourpence for every Load of Ore measured at any Mine within the Jurisdiction aforesaid, the Measure of such Load being Nine Dishes of Ore, whereof each Dish shall be of Capacity sufficient to hold Fifteen Pints of Water. The said Duties of Lot and Cope are and shall be payable in addition to the Payments mentioned in any other Article comprised in this Schedule. And if any Person shall neglect or refuse to pay the said Duty of Cope, the same may be recovered by the Barmaster, on behalf of Her Majesty and Her Successors, or of Her or Their Lessee for the Time being, by Action of Debt in the Small Barmote Court, or by Action in the County Court.
Modifications etc. (not altering text)
C1Reference to fourpence to be read as referring to equivalent amount in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)
10U.K.If any new Vein be found by any Miner or any other Person whatsoever, the First Finder shall be entitled to Two Meers in Length of the said Vein, One Meer on each Side of the Founder to be measured and set out by the Barmaster, in the Presence of Two of the Grand Jury, on the Surface of the Ground within Six Days after Notice given to him by the Finder, and the Third Meer shall belong to the Lessee for the Time being of the Duties of Lot and Cope, and if there shall be no such Lessee then to Her Majesty and Her Successors, to be set out in like Manner at either Extremity of the said Two Meers at the Option of the Barmaster; and the Finder shall be entitled to each subsequent Meer in such Vein, each Way, to the Extent he shall claim or require at the Time of freeing. The Founder, Meers, and the Barmaster shall enter the Particulars of the Gift in his Book; and if the Lessee for the Time being of the Duties of Lot and Cope, and if there shall be no such Lessee, then if Her Majesty or Her Successors, neglect or refuse duly and reasonably to work the Meer so set out to such Lessee or Her Majesty or Her Successors as aforesaid, the Finder shall have the Right to purchase the said Meer at such Price as the Steward and Grand Jury may fix and determine, or the Finder may continue and maintain his Workings through the said Meer, upon laying aside for the Use of the Lessee or Her Majesty, as the Case may be, all the Ore that may be gotten therein, after deducting the Expenses of getting the same.
11U.K.The Barmaster shall not set out any Ground under the Tenth Article until Ore shall have been raised from the Mine for which such Ground shall be required, nor until there shall have been paid to the Lessee for the Time being of the Duties of Lot and Cope, or if there shall be no such Lessee, to Her Majesty and Her Successors, the first customary Payment due to him, her, or them, such first customary Payment being so much Ore as shall be sufficient to fill the Dish or Measure mentioned in the Third Article, and being called the Freeing Dish; and the Miner shall pay to the Lessee for the Time being of the said Duties, and if there be no such Lessee, to Her Majesty and Her Successors, a similar Dish of Ore for every third and subsequent Meer which he shall reach of the Vein in which he is working.
12U.K.If any Miner shall work any Mine or Vein without having duly freed the same as provided by the Eleventh Article, or shall commit any Trespass in any Meer belonging to the Lessee of the Duties of Lot and Cope, or to Her Majesty and Her Successors, the Mine or Vein which shall have been so worked without having been freed, or the Mine or Vein of which the Meer in which such Trespass shall have been committed shall form a Part, shall be forfeited to the Lessee of the Duties of Lot and Cope, and if there shall be no such Lessee, then to Her Majesty and Her Successors, and Possession thereof may be recovered on behalf of such Lessee or of Her Majesty and Her Successors, as the Case may be, by Action of Title in the Small Barmote Court in the Name of the Barmaster.
13U.K.If any Vein shall cross another Vein, the Miner who comes to the Pee or Intersection first shall have such Pee or Intersection, and may work therein as far as he can reach with a Pick or Hack, such Pick or Hack having a Helve or Shaft Three Quarters of a Yard long, so that he stands wholly within the Cheeks of his own Vein when he works such Pee or Intersection.
14U.K.When Two Veins approach each other but are parted with a Rither, and such Veins continue asunder for One Meer or further in Length without any Joint of Ore or other Mineral crossing the same (such Joint of Ore or other Mineral not being a new Vein), and the Rither during that Distance in all Parts exceeds Three Feet in Thickness, then they are to be considered and treated as Two distinct Veins so long as they so continue asunder, but whenever they again meet the elder or prior Title shall take the Vein.
15U.K.In any Dispute where the Priority of Title shall come in question the longest continued Ownership shall prevail, but all Gifts from the Barmaster shall be considered as the Origin and Commencement of the Title, and Workmanship prior to such Gift (if any) shall not avail; and in all Cases the Jury on the Trial shall decide the Fact of such Priority.
16U.K.If any Person shall claim Title to any Mine, the Claimant may commence an Action in the Small Barmote Court, by causing a Plaint to be entered in the Book mentioned in the Fifth Section; and if any Miner shall commit a Trespass in the Mine or Vein of any other Person, the Person aggrieved may commence an Action in the Small Barmote Court, by causing a Plaint to be entered in an Action of Trespass, and may proceed to Trial in the Small Barmote Court, and shall there recover Possession of the said Mine in the Action of Title, or Damages to be assessed by the Jury for the said Trespass; and any Person claiming a Debt against a Miner for Articles furnished to a Mine, or for Mining Purposes, or for Work or Labour in, upon, or in respect of any Mineral Property, may cause a Plaint to be entered in an Action of Debt, and shall annex the Particulars of his Debt to the Summons, and proceed to Trial in the Small Barmote Court, and shall there recover such Amount, if any, as upon Proof shall appear to be due to him; but no Evidence shall be admitted of any Items in an Action of Debt not mentioned in the Particulars annexed to the Summons.
17U.K.No Miner or other Person shall, except as herein-after mentioned, bring more than One Action of Title to recover the same Mine, and a Nonsuit shall be deemed of the same Effect as a Judgment for the Defendant; but in Actions of Trespass or Debt the Plaintiff, if nonsuited, shall be allowed to commence a fresh Action: Provided always, that the Steward shall in any Case whatever, whether of Title, Trespass, or Debt, have the Power, if he shall think fit, to order a new Trial to be had, upon such Terms as he shall think reasonable, and in the meantime to stay the Proceedings.
18U.K.Every Meer of Ground shall contain Thirty-two Yards in Length; and the Miner shall be entitled to take and have set out for him any Proportion of a Meer, upon freeing the same, by Payment of an Amount of Ore proportionate to the Amount payable upon freeing a whole Meer.
19U.K.The Barmaster, if he finds any Mine or Vein neglected and not wrought, and not hindered by Water or for Want of Air, shall, if required so to do by any Person or Persons, send to the Owner or reputed Owner, where known to him, and if not known to him, then put up in some conspicuous Place within the Liberty in which the Mine or Vein is situate, a Notice that such Mine or Vein will, at the Expiration of Three Weeks, if not duly and reasonably worked to the Satisfaction of the Barmaster and Grand Jury, and no other sufficient Reason assigned to them, be forfeited; and if at the Expiration of the said Three Weeks the Mine or Vein is not so worked, the Barmaster, in the Presence of Two of the Grand Jury, may give such Mine or Vein to any Person or Persons willing to work the same; provided that nothing herein contained shall authorize the Barmaster to give away such Mine or Vein if the Owner thereof be unable to work the same by reason of such Mine or Vein being under Water, or for Want of Air, so long as the Owner thereof is using efficient and diligent Means to the Satisfaction of the Barmaster and Grand Jury to relieve such Mine or Vein.
20U.K.If any Person has Shares in a Mine, and refuses to join his Partners or the Owners of the other Shares in working the same, or to pay his Proportion of the Expenses of working the same for the Space of Six Days after the same has been demanded by the Party complaining or his Agent, he shall forfeit his Part and Share to his Partners, who shall be entitled to recover the same against such defaulting Owner in an Action of Title in the Small Barmote Court, and the only Evidence necessary in such Action to enable the Plaintiff to obtain Judgment shall be Proof that the Plaintiff has worked the said Mine, and the Amount of the Expenses incurred, and a Demand of Payment of Defendant’s Share thereof as aforesaid, and the Neglect or Refusal of Defendant to pay it for the Space of Six Days after the Demand; and it shall be no Defence to such Action that the Plaintiff is Partner or joint Owner with the Defendant in the Mine or Shares sought to be recovered.
21U.K.If any Person be possessed of any Mine, and be working the same, and any other Person claims Title thereto, such Claimant shall, within the Space of Three Calendar Months next after he shall have had Notice of the same being in open Workmanship, and at all events within Six Calendar Months after the same shall have been in open Workmanship, whether he shall have had Notice or not, assert his Claim by an Action of Title in the Small Barmote Court, or else such Claim shall be barred.
22U.K.If the Barmaster shall, in any Matter connected with the Duties of his Office, require a View to be made by the Grand Jury, or if the Plaintiff or Defendant in any Action of Title or Trespass in the Small Barmote Court, or if any Miner or other Person shall for any Purpose require a View to be made of the Mine or Works of any Person whomsoever, then and in each and every of such Cases a View shall be made, and the Person so requiring a View shall, when the Grand Jury are assembled, deliver to the Steward a Bill of Directions describing the Mine or particular Part or Parts of a Mine, or Ground or Works, or other Matters or Things, which the Grand Jury are required to view, and stating the Question upon which their Opinion is required, but such Bill of Directions shall contain no Argument or Comment whatever, and thereupon the Steward shall openly read the said Bill of Directions to the Grand Jury, and, if the same is in the Opinion of the Steward properly framed, deliver it to One of the Grand Jury, who shall take the same with him for the Guidance of himself and the rest of the Grand Jury in making their View; but if any Person affected by the said Proceeding object to the said Bill of Directions or to any Cross Bill delivered as herein-after mentioned as containing Matter of Argument, Assertion, or Comment not being a Description of the Mine, Ground, or Works, or other Matters or Things to be viewed, or a Statement of the Question necessary for the Guidance of the Grand Jury in making their View, the Steward before delivering the Bill or Cross Bill to the Grand Jury shall in all Cases decide upon the Validity of such Objections, and if he thinks the same well founded shall cause the Bill or Cross Bill to be altered and corrected in such Manner as the Steward shall think right, and after making such View such of the Grand Jury as shall concur in Opinion shall in answer to such Bill and Cross Bill, if any, write their Opinion and sign it, and such of the Grand Jury as shall not concur in Opinion with any of their fellow Jurymen shall write separate Opinions and sign them, so that the Signature of each of the Grand Jury shall be affixed either to his own separate Opinion or to that of himself and some other or others of the said Grand Jury; and the said Bill and Cross Bill, if any, with the Opinions, shall be delivered to the Steward, who shall thereupon openly read the same in the Presence of the Grand Jury and of the Person or Persons who shall have preferred such Bill or Cross Bill; and such Bill and Cross Bill, if any, and the Opinions thereon, shall be kept by the Steward with the Documents of the Barmote Courts, but the Steward shall, if required by the Plaintiff or Defendant in the Action in which the View shall have been had, permit such Bill and Cross Bill, if any, and the Opinions thereon, or either of them, to be used by such Plaintiff or Defendant for the Purpose of Evidence on the Trial of the Action: Provided always, that no Plaintiff or Defendant in any Action shall be entitled to require a View unless he shall have given Notice thereof in Writing to the Barmaster Six clear Days at the least before the Day appointed for the Trial; and the Expenses of Views shall be paid in manner herein-after mentioned, that is to say, in Cases where the Barmaster shall require such View the Expense shall be borne by the Owner of the Mine or other Matter to be viewed, provided the Steward shall consider that such View was properly required by the Barmaster, and shall allow such Expenses; and in Cases where the View shall be required by a Plaintiff or Defendant in any Action, the Expenses of such View shall be Costs in the Cause, and abide the Event of the Action; and in all other Cases the Expenses shall be paid by the Person requiring the View, if no Cross Bill is presented, and if a Cross Bill is presented, then in equal Proportions by the Person requiring the View and the Person presenting the Cross Bill. Any Person who may be affected by the Proceedings at any View may appoint a Shower to accompany the Grand Jury, and to show on his Behalf the Place to be viewed.
23U.K.Any Person who may be affected by the Opinion of the Grand Jury on any View may, if he thinks fit, at the same View deliver a Bill of Directions to the said Grand Jury, which second Bill shall be called a Cross Bill of Directions, in similar Form to the original Bill, stating the Question on which their Opinion is requested, and the Steward shall in like Manner, immediately after reading the original Bill, read over such Cross Bill, and deliver the same to One of the Grand Jury to take to the Mine or Ground for the Guidance of himself and the rest of the Grand Jury.
24U.K.When a Bill of Directions and also a Cross Bill shall be delivered to the Grand Jury at the same View, it shall not be requisite for them to write their Opinions until they have completed the View on the Cross Bill, unless they think proper to do so, and in no Case shall it be competent for the Grand Jury to examine any Evidence produced by either Party.
25U.K.If any Person shall obstruct the Grand Jury in viewing any Mine or Works, the Grand Jury shall state such Fact in Writing, and return such Writing signed by any One or more of them, together with the Bill of Directions, and Cross Bill, if any, to the Steward, and the Person so obstructing shall forfeit by way of Penalty such Sum not exceeding Twenty Pounds as the Steward shall think fit to impose, and the Steward shall have Power to impose a fresh Penalty every Day on which such Obstruction is repeated; and if any such Penalty be not paid within Three Days after the same shall be imposed, the Steward shall issue his Warrant for levying the same. Before imposing any such Penalty, the Steward shall give to the Offender Seven clear Days Notice to show Cause, at a Time and Place situate within the Hundred of the High Peak, to be named in such Notice, why a Penalty should not be imposed.
26U.K.If any Person shall, by virtue of any Sough Engine or other Means, unwater or give Relief to any Mine or Vein which may be under Water and the further working thereof be hindered, the Owner of any such Mine so relieved shall from Time to Time, so long as such Relief be continued, deliver to the Person giving such Relief as aforesaid such Part and Portion of all the Ore which at any Time thereafter shall be got and raised in such Mine or Vein under the Level at which such Relief was given, as the Barmaster and Grand Jury may from Time to Time fix and determine; such Part and Portion of the said Ore to be delivered and dressed and made merchantable by the Owner of such Mine, without any fraudulent Concealment or wilful Diminution, and to be discharged and free from all Charges in getting and dressing; and the Value of such Ore, if it shall not exceed Fifty Pounds, shall be recoverable in the County Court, or, if such Value shall exceed Fifty Pounds, in One of the Superior Courts [F1at the Royal Courts of Justice].
Textual Amendments
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
27U.K.Any Person having Two or more Veins lying contiguous to each other, or connected by any Shafts, Gaits, or Ways, may, with the Consent in Writing of the Barmaster or Grand Jury, consolidate the Titles to such Veins, and an Entry shall be made in the Barmaster’s Book to the Effect that the Titles to such Veins are thenceforth consolidated, and the said Veins shall from the Time of such Entry in the said Book be considered and treated as held under One; and the new Title of the said consolidated Veins, and nothing herein contained, shall prejudice or affect the Right or Title of any Person to any Mine or Vein which may have been heretofore united to or consolidated with any other Mine or Vein, and that the Possession or working of any of the Mines or Veins in such consolidated Titles respectively shall be considered as the working of the whole thereof, and so long as any Part thereof be so worked the same shall not be liable to be operated upon by the Barmaster in pursuance of the Nineteenth Article.
28U.K.If the Grand Jury shall be summoned to any View by any Person, not being Plaintiff or Defendant in any Action in the Small Barmote Court, for the Purpose of delivering their Opinion as to whether any other Person is working in any Mineral Ground belonging to the Persons so summoning the Grand Jury, and the Majority of the Grand Jury assembled at any such View, shall give it as their Opinion that such is in all probability the Case, but that for Want of Workmanship the Fact does not yet clearly appear, it shall be lawful for the Steward to require such other Person to give to the Steward Security for the Value of all Ore which may be gotten in his Workings thenceforth, until such Time as sufficient Working shall have been done to make the Truth appear; and unless Security shall be given unto and to the Satisfaction of the Steward, it shall be lawful for him to direct and authorize the Barmaster to retain all Ore gotten in the Workings of such other Person so failing to give Security, until such Security shall be given, or until sufficient further Working shall have been done to enable the Grand Jury at any adjourned View to form a satisfactory Opinion; and if the Grand Jury assembled at any such adjourned View, or the Majority of those so assembled, shall state their Opinion to be that the Workings of the Person originally summoning the Grand Jury and of such other Person form one and the same Title, the Steward shall thereupon order the Barmaster to deliver to the Person who shall have originally summoned the Grand Jury the Ore which shall have been so retained as aforesaid, or, if Security shall have been given as aforesaid, then the Person who shall have originally summoned the Grand Jury shall be entitled to the Benefit of such Security, to the Extent of the Value of the Ore which shall have been gotten by such other Person as aforesaid since the original View, and shall be entitled to use the Name of the Steward, if necessary, for enforcing such Security, and if either Party feels himself aggrieved, such Party may prosecute his Claim in the Small Barmote Court.
| Plaintiff’s Name. | Plaintiff’s Place of Abode and Calling. | Defendant’s Name. | Defendant’s Place of Abode and Calling. | Nature of Action. |
|---|---|---|---|---|
| John Smith – | Castleton – | Richard Davis | Hucklow – | Action of Title, Trespass, or Debt, as the Case may be. |
To C.D. (the Defendant).
You are hereby summoned to appear at a Small Barmote Court to be held at on the Day of at the Suit of A.B., Plaintiff in an Action of Title in the High Peak Small Barmote Court, respecting. &c. [describe the Mine claimed].
Given under the Seal of the Court, this Day of
By the Court,
E.T., Steward.
To C.D., the Defendant.
You are hereby summoned to appear at a Small Barmote Court to be held at on the Day of in an action of Trespass in the Small Barmote Court, at the Suit of A.B., for £ Damages for a Trespass committed by you at [if in Debt, say, “in an Action of Debt in the High Peak Small Barmote Court for the Sum of £ (the Sum claimed) for Goods sold and delivered,” “Wages”or, as the Case may be, the Particulars whereof are hereto annexed].
Given under the Seal of the Court, this Day of
By the Court,
E.T., Steward.
Modifications etc. (not altering text)
C2References to amounts in old currency to be read as referring to equivalent amounts in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)
In the High Peak Small Barmote Court.
A.B., Plaintiff,
and
C.D., Defendant.
Particulars of the Debt for which this Action is commenced.
1850:
| £ s. d. | ||
|---|---|---|
| January 3. | To One Barrel of Powder, 50lbs. at 6d. per lb. | 1 5 0 |
| [Add all other Items making up Debt.] | ||
| [If for Wages or Work done.] | ||
| To driving Seven Fathoms in West Forefield [describe Work], at 1l. 5s. per Fathom | 8 15 0 | |
| 5th to 15th. | To working Nine Shifts, at 2s. 3d. per Shift | 1 0 3 |
| 30th. | To Four Weeks Wages, at 12s. per Week | 2 8 0 |
| To Six Days Work, Man and Horse [or Cart] grinding [or leading] describing Work, at 5s. 6d. per Day | 1 13 0 | |
| £ |
Above are the Particulars of Debt in this Action. As witness my Hand.
A.B., or
A.B. by E.F. his [F2Solicitor]
Textual Amendments
F2Word substituted by virtue of Solicitors Act 1974 (c. 47), s. 89(6)
or Agent.
In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the Day of
Between A.B., Plaintiff,
and
C.D., Defendant.
After hearing this Cause, it is, on the Day of [insert Day when Judgment is given], adjudged that the said Plaintiff do recover against the said Defendant the Sum of £ for his Debt [or Damages by him sustained], together with the Costs of the Suit amounting to the Sum of £
Given under the Seal of the Court, this Day of
By the Court,
A.B., Steward.
In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the Day of
Between A.B., Plaintiff,
and
C.D., Defendant.
It is, on the Day of adjudged that Judgment do pass against the said Plaintiff, and that the said Defendant do recover against the said Plaintiff £ for the Costs incurred by the said Defendant in his Defence of this Action.
Given under the Seal of the Court, this Day of
By the Court,
A.B., Steward.
In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the Day of
Between A.B., Plaintiff,
and
C.D., Defendant.
It is, on the Day of adjudged that Judgment by way of Nonsuit do pass against the said Plaintiff, and that the said Defendant do recover against the Plaintiff the Sum of £ for the Costs incurred by the said Defendant in his Defence of this Action.
Given under the Seal of the Court, this Day of
By the Court,
A.B., Steward.
In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby.
Between A.B., Plaintiff,
and
C.D., Defendant.
After the Hearing of this Cause, it is, on the Day of adjudged that the said Plaintiff do recover against the said Defendant Possession of a certain Mine at together with the Costs of the Suit amounting to the Sum of £
Given under the Seal of the Court, this Day of
By the Court,
A.B., Steward.
In the High Peak Small Barmote Court.
Between A.B., Plaintiff,
and
C.D., Defendant.
Whereas at a Small Barmote Court duly holden at within the Jurisdiction of the said Court before the Steward of the said Court the said Plaintiff, by the Judgment of the said Court, on the Day of recovered against the said Defendant the Sum of £ for a certain Debt before that Time due and owing to the said Plaintiff [or for certain Damages by him sustained,or Possession of a certain Mine situate, & c.], together with the Sum of £ for Costs of the Suit by the said Plaintiff in that Behalf expended: And whereas Three Days have elapsed since the Day on which such Judgment was given: And whereas the Sum of £or the Sum of £ being Part of the said Sum of £ has not been paid to the said Plaintiff: These are therefore to require and order you forthwith to make and levy the said Sum of £ , together with the lawful Fees and Expenses allowed by the “High Peak Mining Customs and Mineral Courts Act 1851,” by Distress and Sale of the Mineral Property of the said Defendant wheresoever it may be found within the Jurisdiction of this Court.
Given under the Seal of the Court, this Day of
To the Barmaster of the By the Court,
High Peak. A.B., Steward.
In the High Peak Small Barmote Court.
Between A.B., Plaintiff,
and
C.D., Defendant.
Whereas at a Small Barmote Court duly holden at within the Jurisdiction of the said Court the said Defendant on the Day of by the Judgment of the said Court, recovered against the said Plaintiff £ for his Costs of Defence of an Action of Title, Trespass, or Debt: And whereas Three Days have elapsed since the Day on which such Judgment was given: And whereas the said Sum of £ has not been paid to the said Defendant: You are therefore required to make and levy the said Sum of £ , together with the lawful Fees and Expenses allowed by the High Peak Mining Customs and Mineral Courts Act 1851 by Distress and Sale of the Mineral Property of the said Plaintiff wheresoever it may be found within the Jurisdiction of this Court.
Given under the Seal of the Court, this Day of
To the Barmaster of the By the Court,
High Peak.A.B., Steward.
In the High Peak Small Barmote Court.
Between A.B., Plaintiff,
and
C.D., Defendant.
Whereas after the Hearing of this Cause it was, on the Day of at a Court holden at within the Jurisdiction of this Court, adjudged that the said Plaintiff should recover against the said Defendant Possession of a certain Mine at And whereas the said Defendant has not delivered up Possession of the said Mine, and Three Days have elapsed since such Judgment was recovered: You are therefore required to give Possession of the said Mine to the said Plaintiff.
Given under the Seal of the Court, this Day of
To the Barmaster of the By the Court,
High Peak. A.B., Steward.
You are hereby required to attend the High Peak Great Barmote Court to be held at within the Hundred of High Peak in the County of Derby, or to attend the Barmaster on a View, to be held at on the Day of
Dated this Day of 185
A.B., Barmaster, or
To C.D. Deputy Barmaster.
You are hereby required to attend the High Peak Small Barmote Court at at o’Clock in the Forenoon, to serve as a Juror on the Trial of Causes at the said Court; and if you fail herein you will be liable to a Penalty not exceeding £10, to be levied on your Mineral Property.
Dated this Day of 185
A.B., Barmaster, or
To C.D. [add Residence.] Deputy Barmaster.
To the Grand Jury for the High Peak Barmote Courts, met at within the Hundred of High Peak in the County of Derby, on the Day of 185
You are desired by C.D. [Party calling the Jury] to view, &c. [describing the Mine, or particular Parts of the Mine, or the Works, or other Matters or Things, which the Jury are required to view], and then give your Opinion whether, &c., clearly stating the Question upon which the Opinions of the Grand Jury are required.
If the Grand Jury are required to dial the Mine, add “and you are requested to dial the said Mine, commencing, &c. [describing the Limits within which such Dialling is to be made], and to lay out your Dialling on the Surface, and to deliver your Dial Card, with your Opinion, to the Steward.”
We the Grand Jury [where all agree in Opinion, or, We [or I] the undersigned Members [or Member] of the Grand Jury, where there is Difference of Opinion] for the High Peak Barmote Courts, assembled this Day of to view, &c., having had a Bill [or Cross Bill] of Directions given to us, do declare, That we have proceeded to view, &c., as directed by the said Bill [or Cross Bill], and do declare our [or my] Opinion to be that, &c., giving their [or his] Opinion clearly on the Question proposed]. As witness our [or my] Hands [or Hand].
Signatures.
Memorandum to be added after the Signatures of the Majority, where One or more of the Grand Jury do not concur in the Return.
We [or I] the undersigned do not concur in the above Return, and are [or am] of opinion that, &c., stating their [or his] Opinion clearly on the Question proposed.
As witness our [or my] Hands [or Hand].
Signatures.
You are hereby required to attend at on the Day of before the Steward of the High Peak Barmote Courts, to show cause why a Penalty should not be imposed upon you for obstructing the Grand Jury on the Day of
Given under the Seal of the Court, this Day of 185
A.B., Steward.
I, Steward of the High Peak Barmote Courts, do hereby, by virtue of the High Peak Mining Customs and Mineral Courts Act 1851, impose on C.D. the Sum of £ as a Penalty for an Offence by him committed against the said Act, and I order him to pay the said Sum to on or before the Day of in the Year of our Lord 185
Given under the Seal of the Court, this Day of 185
A.B., Steward.
Whereas on the Day of a certain Sum of £ was ordered to be paid by A.B. to C.D. by the Steward of the High Peak Barmote Courts, or a certain Penalty of £ was imposed upon A.B. by the Steward of the High Peak Barmote Courts, for an Offence against the High Peak Mining Customs and Mineral Courts Act 1851, and such Sum of £ or Penalty was ordered to be paid to on or before the Day of and the same has not been paid.
You are therefore required to levy on the Mineral Property of the said A.B. within the Jurisdiction of the said Barmote Court the said Sum of £ or Penalty of £ together with the lawful Fees and Expenses allowed by the “High Peak Mining Customs and Mineral Courts Act 1851.”
Given under the Seal of the Court, this Day of in the Year 185
To the Barmaster of the
High Peak. A.B., Steward.
I A.B., Barmaster of the High Peak, in obedience to the within-written Warrant, and by Authority of the same, did on the Day of 185 execute the same [by delivering to the Plaintiff within named Possession of, &c.], or [by levying the Sum of £ within mentioned, together with £ the Fees and Expenses allowed for the Execution thereof, by Sale of, &c.], and the said Sum of £ has been applied by me in discharging the Fees and Expenses of the said Levy, and the said Sum of £ has been paid by me to
As Witness my Hand, this Day of 185
I A.B., Barmaster of the High Peak, do make this Return to the Steward of the High Peak Barmote Court within mentioned, and declare, that I have not yet been able to execute the within Warrant, by reason that the within-named Defendant hath no Mineral Property within the Jurisdiction of this Court, or, if Part only has been levied, that I have levied the Sum of £ and no more, by Sale of the Mineral Property of the within-named Plaintiff, or Defendant, and he hath no Mineral Property within the Jurisdiction whereof I can levy any Part of the Residue. As witness my Hand, this Day of 185
A.B., Steward of the High Peak Barmote Courts, to greeting. You and every of you are hereby required personally to attend at the Small Barmote Court to be holden at on the Day of next, by of the Clock in the Forenoon of the same Day [if the Witness is required to bring with him any Documents, describe them here], to testify the Truth according to your Knowledge in a certain Action in the Barmote Court now depending between Plaintiff and Defendant in an Action of [Title, Trespass, or Debt, as the Case may be], at the said Court to be tried. Should you fail herein you will be liable to be proceeded against in like Manner as for Disobedience to a Subpoena issuing out of the [F3High Court].
Textual Amendments
F3Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18(2), 224(1)
Given under the Seal of the Court, this Day of in the Year 185 A.B., Steward.
It is ordered, That the Proceeding in this Matter [whatever it be, stating it] be adjourned until [add, if necessary, and that do pay to Costs, or other the Terms, if any, upon which the Adjournment is made].
Given under the Seal of the Court, this Day of in the Year 185 By the Court,
A.B., Steward.
In the High Peak Small Barmote Court.
Between A.B., Plaintiff,
and
C.D., Defendant.
It is ordered, That all further Proceedings in this Action be stayed.
Given under the Seal of the Court, this Day of in the Year 185 By the Court,
A.B., Steward.
In the High Peak Small Barmote Court, held at the Day of
Between A.B., Plaintiff,
and
C.D., Defendant.
It is ordered, That the Judgment in this Case, and all subsequent Proceedings thereon, be set aside, and a new Trial had between the Parties [here state the Terms and Conditions, if any, of such new Trial].
Given under the Seal of the Court, this Day of in the Year 185 By the Court,
A.B., Steward.
In the High Peak Small Barmote Court.
Between A.B., Plaintiff,
and
C.D., Defendant.
Whereas E.F. of hath made a Claim to certain Mineral Property which has been seized and taken in Execution under and by virtue of Process issuing out of this Court in this Action: You are therefore hereby summoned and required to be and appear before the Steward of the said Court at on the Day of at the Hour of , when the said Claim will be adjudicated upon, and such Order made thereupon as to the Steward shall seem fit.
Given under the Seal of the Court, this Day of in the Year 185
By the Court,
A.B., Steward.
Note.—This Summons is to be served upon the Party claiming the Property seized, and upon the Plaintiff or Defendant in the Action, according as the Execution may have been issued on behalf of Plaintiff or Defendant. If the Execution has been issued to levy a Penalty, this Form must be altered to suit the Circumstances, and the Summons must in that Case be served upon the Party owing the Penalty and the Claimant.
Modifications etc. (not altering text)
C3References to amounts in old currency to be read as referring to equivalent amounts in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)
| £ s. d. | |
|---|---|
| For attending View by Grand Jury | 1 1 0 |
| For entering every Plaint, issuing every Summons or Subp^na | 0 2 6 |
| For swearing every Witness in a Cause | 0 1 0 |
| For every Warrant to deliver Possession, or to levy any Debt or Damages, or Money or Costs, or Penalty | 0 2 6 |
| For a certified Copy of any Proceeding in the Great or Small Barmote Court | 0 5 0 |
| For Copy of any Entry or Accounts | 0 0 6 |
| For any Search amongst or Examination of the Documents in the Custody of the Steward | 0 1 0 |
| Mileage, 1s. a Mile from his Place of Residence to the Place where the Court is held, such Mileage in no Case to exceed 1l. |
| £ s. d. | |
|---|---|
| For attending every Witness examined in Court, and taking down his Evidence | 0 6 8 |
| Drawing Brief, 6s. 8d. per Sheet. | |
| Making fair Copy thereof. (Half Charge allowed for drawing.) | |
| For attending Court on the Trial, and conducting same | 2 2 0 |
| And also Mileage, 1s. per Mile, from his Place of Residence to the Place where the Court is held, such Mileage in no Case to exceed 1l. | |
| For every copy of Subpoena | 0 1 0 |
| If Duces Tecum, additional. | |
| For attending to serve every Witness with Subpoena | 0 2 6 |
| And 1s. per Mile from [F4solicitor’s] Residence, if Witness resides within the Hundred of High Peak, such Mileage in no Case to exceed 1l.; if in any other Place, the Sum paid to any Agent employed to serve same, provided such Sum be approved and allowed by the Steward. | |
| Such Fees to Counsel as the Steward shall think reasonable, and allow on Taxation. | |
| To the Barmaster of the High Peak. | |
| For summoning the Jury to attend Small Barmote Court, 1l. 1s. for each Cause appointed to be heard at the Court for which the Jury is summoned; such Sums to be paid by the Plaintiff if the Cause do not proceed to the Taxation of Costs. | |
| For attending Small Barmote Court, 10s. 6d. for each Cause appointed to be heard thereat, to be paid by the Plaintiff if the Cause do not proceed to the Taxation of Costs. | |
| For attending a View, except where required by himself | 0 10 6 |
| Entering each Freeing | 0 1 0 |
| Copy of same | 0 1 0 |
| Entry of Gifts for each Vein | 0 2 0 |
| Entry of every Transfer for each Vein | 0 1 0 |
| Copy of same | 0 1 0 |
| Service of every Notice, Summons, or Order | 0 2 0 |
| For executing any Warrant issued by the Steward: | |
| 1st. Where the Amount to be levied shall be less than 20l.: | |
| £ s. d. | |
| Seizing the Property | 0 3 0 |
| Each Man in possession, per Day | 0 2 6 |
| All Expenses of Advertisements, if any | 0 10 0 |
| Catalogues, Sale and Commission, and Delivery of Goods, 1s. in the Pound on the Produce of the Sale. | |
| 2d. Where the Amount to be levied shall exceed 20l.: | |
| Seizing the Property | 0 10 0 |
| Each Man in possession, per Day | 0 2 6 |
| All Expenses of Advertisements, if any | 1 1 0 |
| Catalogues, Sale and Commission, and Delivery of Goods, 1s. in the Pound on the Produce of the Sale. | |
| Deputy Barmasters. | |
| For attending on a View by the Grand Jury, except where required by himself | 0 10 0 |
| To Grand Jury. | |
| For attending on a View, each Man, when called to act within his own Liberty | 0 4 0 |
| When called to act out of his own Liberty | 0 6 0 |
Textual Amendments
F4Word substituted by virtue of Solicitors Act 1974 (c. 47), s. 89(6)
Modifications etc. (not altering text)
C4Reference to amounts in old currency to be read as referring to equivalent amounts in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)
Fees allowed to theBarmaster of theHigh Peak andDeputy Barmasters; such Fees to be a Debt due from the Person on whose Behalf the Duties shall be performed, and to be paid either to the Barmaster or his Deputy, according as the Duty shall be actually performed by him or by his Deputy.
| £ s. d. | |
|---|---|
| Setting out any Way under the 4th Article | 0 5 0 |
| Setting out Land under the 5th Article | |
| Setting out any Way under the 4th Article | 0 5 0 |
| Setting out Land under the 5th Article | 0 5 0 |
| Setting out Me |