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MINING LEASES ACT 1749
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CHAP. IX.
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An Act for explaining and amending an act, intituled, An act for the further encouragement of finding and working mines and minerals within this kingdom.
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10 G. 1. 5. recited, enabling bishops; tenants for life, &c. to lease mines for 31 years.
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Not sufficient encouragement thereby for coal mines : 15 G. 2. 10.
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Persons by 10 G. 1. 5. impowered may by indentures in presence of 2 witnesses lease coal mines 41 years in possession, at rents not under 2 d. per ton, without fine or other consideration, with clause of entry and distress,
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counterparts to be executed, the rent payable to such as would be actually intitled to profits of the land.
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WHEREAS by an act of Parliament made in this kingdom in the tenth year of the reign of his late Majesty King George the first, intitued, An act for the further encouragement of finding and working mines and minerals within this kingdom, it is among other things enacted, “That all archbishops, bishops, tenants for life with an immediate remainder to his or her first and every other son in tail male, and others therein mentioned, should thereby be impowered to make leases, not exceeding thirty one years, of all mines and minerals within their respective manors, glebes, or lands, at and under such rents, conditions, and restrictions, as are therein mentioned:” and whereas the said act has not given sufficient encouragement for the finding and working of coal mines : be it enacted by the King’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, That it shall and may be lawful to and for all and every person and persons, bodies politick and corporate, impowered by the said act of the tenth year of his said late Majesty King George the first, and they and every of them are hereby authorized and impowered by indentures under their respective hands and seals, to be executed in the presence of two or more witnesses, to demise, make, or grant any lease or leases of all or any coal mine or coal mines whatsoever, which are already found, or shall or may hereafter be found and discovered, within their respective manors, glebes, or lands, for any term or number of years, not exceeding forty one years, in possession, and not in reversion, at any rent or rents not less than two pence for every tun of coals which shall be raised and laid upon the bank, without fine or income, or any other consideration than the yearly rent reserved in such leases respectively, with proper clauses of entry and distress for non-payment of the rent or rents thereby to be reserved; so as the lessee or lessees in such leases 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 continuance of 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 the land, in which such coal mine is or shall be found, in case such lease had not been made.
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Linds granted by K. Ch. 1. to archbishop of Armagh in trust for masters of free-schools.
Archbishops of Armagh may as aforesaid lease for 41 years coal mines in lands held under grant of K. Ch. 1. in trust for school-masters :
the school-master intitled to profits of the land being party.
The rent reserved to archbishop in trust for master,
counterpart executed.
And by like consent may lease other mines in such lands for 31 years, under such reservations, &c. as by 10 G. 1. 5, the rent to be in trust for the school-master who would be intitled to the profits of the land.
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II. And whereas several lands have been granted by his Majesty Ring Charles the first to James then lord archbishop of Armagh and his successors in trust for the support and benefit of several masters of free-schools in this kingdom; in some of which coal mines have been found, and more hereafter may be found; and in which also divers other kinds of mines and minerals may be discovered : for the encouragement of finding and working whereof be it further enacted by the authority aforesaid; That it shall and may be lawful to and for George; now lord archbishop of Armagh, and his successors archbishops of Armagh, by indenture, to be sealed, executed, and attested as aforesaid, to demise, make, or grant any lease or leases of any coal mine or coal mines already found, or which shall or may hereafter be found and discovered, in any of the lands whereof or wherein he or they is, shall, or may be seized, interested in, or intitled unto under the said grant made by King Charles the first, for the same term of forty one years, and at and under the same rent, and with like remedy for recovery thereof, as is herein before specified and declared; so as such lease and leases be made by and with the consent of the master of the free-school, who shall be intitled to the profits of the said lands, wherein such coal mines shall be found, at the time of making such lease, and that such consent be testified by such master by his being a party to, and sealing and executing, the same; and so as the rent thereby to be reserved be made payable to the archbishop of Armagh, and his successors archbishops of Armagh, in trust for the master of such free-school for the time being, during the continuance of such lease; and so as the lessee or lessees therein named do seal and execute a counterpart thereof; and also that it shall and may be lawful to and for the said George lord archbishop of Armagh, and his successors archbishops of Armagh, in like manner, and by like consent testified as aforesaid, to demise, make, and grant any lease or leases for any term or number of years, not exceeding thirty one years, of any other mines or minerals, which are already found, or which shall or may hereafter be found and discovered, in any of the lands held by him or his successors in trust for the purpose aforesaid, 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 : but so always as the rent thereby to be reserved shall be in trust and for the use and benefit of the school-master, who would be intitled to the rents and profits of the said lands, wherein such mines and minerals are or shall be found, in case such lease had not been made.
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Doubt whether 10 G. 1. 5, extends to certain tenants for life with remainders:
Such tenants for life with remainders as herein may demise coal mines for such term as herein specified as to coal mines;
so as no fine or consideration, excep rent;
and counter-parts executed, and the rents payable to such as would be intitled to profits of the land.
And such tenants for life with such remainders may demise other mines for 31 years as by 30 G. 1. 5.
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III. And whereas a doubt hath arisen, whether the said act of the tenth year of his said late Majesty King George the first extends to a husband tenant for life, with remainder to his wife for her life, remainder to their first and every son successively in tail general or special, or to a wife tenant for life, with remainder to her husband for his life, remainder to their first and every other son successively in tail general or special, or to a father tenant for life, with remainder to his son for life, remainder to the first and other sons of such son respectively in tail general or special: be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all such tenants for life with such remainders, as are herein before mentioned, by indenture, to be sealed, executed, and attested as aforesaid, to demise, make, or grant, all or any coal mine or coal mines, which are already found, or shall or may hereafter be found, and discovered within their respective manors or lands, for the same term or number of years, and at and under the same rent or rents, 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, nor 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 the land, in which such coal mine is or shall be found, in case such lease had not been made; and also that it shall and may be lawful to and for all such tenants for life, with such remainders as are herein before specified, to demise, make, and grant any lease or leases for any term or number of years, not exceeding thirty one years, of any other mines or minerals, which are already found, or which shall or may hereafter be found and discovered, within their respective manors or lands, in such manner, and under such and the like rents, reservations, conditions, and restrictions, as are mentioned, limited, and expressed in and by the said act made in the tenth year of his said late Majesty King George the first.
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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.
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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.
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