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Lands let in fee farm, or for lives renewable for ever, or long term years, Mines excepted, they to whom rent or reversion belong may open & work mines, and make such leases.
23 G. 2. 9.
and houses for said purpose may be built, and turf dug for use thereof,
Allowance for damage 88 agreed on,
or by jury before two justices.
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IV. And whereas many proprietors of lands in this kingdom for the improvement thereof, and for encouraging improving tenants, have sett their lands in fee-farm, and for leases for lives renewable for ever, or for a long term for years, with an exception of mines or minerals in such fee-farms or leases: be it enacted by the authority aforesaid, That all and every person and persons, to whom the rent upon such fee-farms, or the immediate reversion in fee simple or fee tail expectant on such lease or leases, do or shall belong, shall have full power and authority to open, digg, and work all mines or minerals, which shall or may be had or found in or upon the said lands, and to raise and carry away the ore thereof, or to demise the same for thirty one years as aforesaid; and that all and every the persons aforesaid, and all and every person and persons, to whom the said mines and minerals shall be demised as aforesaid, shall and may have free liberty to build all such houses, as shall be found convenient and useful for working the said mines, and to digg and make turfe for the use of the said houses, where the same shall happen to be in boggs or mountains, only; making always to such person or persons as shall be intitled to the possession of the lands, whereon or wherein such mines and minerals shall be dugg for, wrought, or found, such yearly or other reasonable allowance for the damage sustained upon account of digging such mines, and raising and carrying away the ore, or for the building such houses, or the digging such turfe as shall be agreed upon by and between the parties interested therein; and in case the said parties do not agree, then such damages shall be determined and ascertained by a jury of twelve legal freeholders of the county, where such mines or minerals shall be opened, dugg for, or found, upon their oaths in the presence of two or more justices of the peace for such county.
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