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Dean Forest (Mines) Act 1838

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  1. Introductory Text

  2. II.For Appointment of new Commissioners.

  3. III.Commissioners neglecting to attend Meetings to be considered as a Refusal to act.

  4. IV.Commissioners may be removed by the Court of Exchequer in case of Misconduct.

  5. V.Commissioners to make a Declaration to the Effect following.

  6. VI.Clerk to be appointed.

  7. VII.Provision for Right to be done to the Poor claiming any Interest in the Mines, &c.

  8. VIII.Minutes of Proceedings to be kept.

  9. IX.Such Minutes may be inspected, and Copies or Extracts made.

  10. X.First and other Meetings, and Notices to be given of the same.

  11. XI.Other Notices how to be given.

  12. XII.Two Commissioners may act.

  13. XIII.Office of Gaveller vested in the First Commissioner of Her Majesty's Woods for the Time being.

  14. XIV.Who shall be deemed Free Miners.

  15. XV.Quarrymen to be deemed Free Miners for certain Purposes.

  16. XVI.Register of Free Miners to be made.

  17. XVII.Gaveller may refuse to register, unless Evidence is produced, subject to Appeal to the Commissioners.

  18. XVIII.Commissioners may hear Evidence, and their Decision to be final.

  19. XIX.After the Commissioners have ceased to act, Appeal may be made to the Sessions or the Court of Verderers.

  20. XX.Free Miners to be registered.

  21. XXI.No Person a, Free Miner who is not registered.

  22. XXII.Extract from the Register to be Evidence.

  23. XXIII.Gales to be granted to Free Miners.

  24. XXIV.Commissioners to make an Award.

  25. XXV.Commissioners of Woods may grant Leases of small Portions of Land for the Purpose of the Mining Works.

  26. XXVI.Claims to be delivered in.

  27. XXVII.Commissioners to set out the Metes and Bounds of each Gale or Work.

  28. XXVIII.Commissioners may unite Two or more Works, and award Compensation.

  29. XXIX.Commissioners to make general Rules, specifying the Mode in which Gales, &c. shall be worked; and, on Breach of such Rules, Gales, &c. to be forfeited, as in case of a Lease for Condition taken.

  30. XXX.Claims to Timber to cease, aud the Value thereof to be taken into consideration in settling the Royalty.

  31. XXXI.After the Award is made the Customs to cease.

  32. XXXII.The Awards, Plans, &e. to be signed by the Commissioners in Triplicate.

  33. XXXIII.Commissioners may make Award in separate Branches.

  34. XXXIV.Parties may appeal to Privy Council against Award.

  35. XXXV.Commissioners of Woods, on behalf of Her Majesty, may appeal.

  36. XXXVI.Court of Exchequer may order Works to be stopped until Appeal is heard.

  37. XXXVII.The Award as altered by the Privy Council to have the same Effect as if made by the Com missioners.

  38. XXXVIII.Applications for Gales not to confer a Title.

  39. XXXIX.Adjustment of Gales applied for and acted on since 1832, but not granted.

  40. XL.Sales of Gales confirmed.

  41. XLI.Commissioners to fix Royalty payable to Her Majesty for existing Coal Works.

  42. XLII.Commissioners to fix Royalty for Iron, in respect of existing Works, and also for any other Mineral.

  43. XLIII.Rents payable under Licences for erecting Steam Engines, &c. to be considered in awarding future Rents.

  44. XLIV.Future Rent to be deemed in lieu of Right to put in a Fifth Man.

  45. XLV.Commissioners to make Rules and Orders for keeping Accounts of the Produce.

  46. XLVI.The Royalty to cease at the End of every Twenty-one Years, and new Royalty to be thereupon payable to Her Majesty.

  47. XLVII.In case of Dispute the Amount of new Royalty to be referred to Arbitration.

  48. XLVIII.Arbitrator may hear Evidence, and his Decision to be final.

  49. XLIX.Payment of Arbitrator in equal Moieties by the Crown and the Party disputing.

  50. L.Agreements and Awards fixing new Royalty to be enrolled.

  51. LI.The Royalty now payable to continue until the Commissioners make their Award.

  52. LII.Power for the Recovery of Royalty.

  53. LIII.Gaveller and others on behalf of Her Majesty may enter and survey Works.

  54. LIV.Copy of General Rules to be hung up in the Speech House.

  55. LV.Commissioners may make temporary Rules.

  56. LVI.Rules to be observed in granting Gales hereafter.

  57. LVII.Grants of Gales to be entered in Gaveller's Books, and enrolled in the Office of Land Revenue Records and Enrolments.

  58. LVIII.Assignments of Gates to be entered in Gaveller's Books.

  59. LIX.Commissioners of Woods may authorize nunc pro tunc Entries of Assignments.

  60. LX.Gaveller to grant Gales in order of Application.

  61. LXI.No Free Miner to be entitled to have more than Three Gales granted at a Time.

  62. LXII.Gaveller not to grant Gales which may interfere with existing Gales.

  63. LXIII.Disputes as to Priority of Application for Gales to be referred to Commissioners.

  64. LXIV.Gales not to be granted in inclosed Lands of Her Majesty.

  65. LXV.Commissioners of Woods may grant Licences for Air Shafts in Inclosures.

  66. LXVI.Commissioners, until Award made, may hear and determine Disputes relating to the working of any Gales, &c.

  67. LXVII.Moiety of Gale Rent to be paid to Owners of inclosed Lands.

  68. LXVIII.Miners to pay Compensation to Owners of inclosed Lands for Surface Damage.

  69. LXIX.No Erections on inclosed Lands without Consent.

  70. LXX.Commissioners to have a Seal and to cause their Special Orders to be stamped therewith.

  71. LXXI.Penalty on Persons disobeying Special Order of Commissioners.

  72. LXXII.Penalty upon Witnesses making Default.

  73. LXXIII.Punishment of Persons giving fake Evidence.

  74. LXXIV.For the Recovery of Penalties.

  75. LXXV.Justices may proceed by Summons in the Recovery of Penaties.

  76. LXXVI.Distress not unlawful for Want of Form.

  77. LXXVII.Persons aggrieved may appeal to Quarter Sessions.

  78. LXXVIII.Notice to be given to thej Commissioners before Action brought.

  79. LXXIX.Special Order of Commissioners not to be removeable except into the Exchequer.

  80. LXXX.Notice to be given to the Commissioners of Application for Certiorari.

  81. LXXXI.Recognizances to be entered into by Parties applying for Certiorari.

  82. LXXXII.3f special Order quashed, Parties indemnified for Acts done under it.

  83. LXXXIII.Commissioners of Woods may grant Leases of Quarries.

  84. LXXXIV.Commissioners of Woods and Forests may grant Leases for 21 Years to get Clay or Sand.

  85. LXXXV.Saving the Rights of the Crown and the Claims of Mr. Ambrose to grant Gales for Quarries in the Bailiwick of Blakeney.

  86. LXXXVI.Commissioners to report their Proceedings to the Commissioners of Woods.

  87. LXXXVII.Remuneration of Commissioners.

  88. LXXXVIII.Remuneration of Deputy Gaveller.

  89. LXXXIX.Two Commissioners empowered to act.

  90. XC.Public Act.

  91. XCI.Act may be altered, &c. this Session.

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