Mining Leases Act 1749

Doubt whether 10 G. 1. 5 extends to mines reserved on fee farm grants.

Tenants for life, remainders as herein and by said act, of coal-mines reserved on fee farm grants of land, may lease for 41 years, &c. as aforesaid:

to fine or other considerarion, save rent,

Counterparts executed,

and rents reserved to such as intitled to the profits if no lease.

And may lease other mines reserved on fee-farm grant of lands for 31 years, as by 10 G. 1. 5.

IV. And whereas a doubt hath also arisen, whether the said act made in the tenth year of his said late Majesty King George the first extends to tenants for life of mines and minerals, excepted and reserved upon fee-farm grants of the lands, wherein such mines and minerals do lie: be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all the tenants for life, with any such remainders as are herein before or in the said act made in the tenth year of his said late Majesty King George the first mentioned and specified, of any coal mine or coal mines, excepted and reserved upon any fee-farm grant or grants of the lands, wherein such coal mines do lie, by indenture to be sealed, executed, and attested as aforesaid, to demise, make, or grant, any lease or leases of such coal mine or coal mines for the same term or number of years, and at and under the same rent, and with like remedy for recovery thereof, as is herein before specified and declared concerning leases to be made of coal mines; so always as no fine or income, or any other consideration than the yearly rent reserved in such leases respectively, be paid or given for making the same; and so as the lessee or lessees in such leases respectively 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 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 such coal mines, in case such lease had not been made; and also that it shall and may be lawful to and for all tenants for life, with such remainders as are herein before or in the said act of the tenth year of his said late Majesty King George the first mentioned and specified, of any other mines or minerals, excepted and reserved upon any fee-farm grant or grants of the lands, wherein such other mines or minerals do lie, to demise, make, and grant, any lease or leases for any term or number of years, not exceeding thirty one years, of such other mines or minerals, in such like manner, and under such and the same rents, reservations, conditions, and restrictions, as are mentioned, limited, and expressed in and by the said act of the tenth year of his said late Majesty King George the first.