Derbyshire Mining Customs and Mineral Courts Act 1852

The FIRST SCHEDULE referred to,U.K. being aSCHEDULE OF ARTICLES AND CUSTOMS BY THIS ACT ESTABLISHED

1U.K.It is lawful for all the Subjects of this Realm to search for, sink, and dig Mines or Veins of Lead Ore upon, in, or under all manner of Lands, of whose Inhertiance 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, or if the Founder Meers be not freed as provided by the Eleventh Article, and the Person making Search abandon it for Fourteen Days, the Land must be levelled and made good by the Person making the Search within the Space of Twelve clear 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 at a lower Depth than Fifteen Yards from the Surface; 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 is carried on at a less Depth than Fifteen Yards from the Surface, or 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: Provided always, that the Landowners shall have the Power of removing such Calk, Feagh, Spar, and other Minerals and Rubbish at the Expiration of Eighteen Months after the same shall have been raised, notwithstanding all the Lead Ore may not have been extracted therefrom; provided also, that the Calk, Feagh, Spar, and other Minerals and Rubbish now raised, and from which the Lead Ore has not been extracted, shall not be removed until after the Expiration of Eighteen Months from the passing of this Act.

3U.K.The Barmaster and every Deputy Barmaster shall provide a Dish or Measure for measuring the Ore, to be adjusted as herein-after mentioned, and they shall forfeit a Sum not exceeding Two Pounds every Time they are required to measure Ore at any Mine and are unprovided with such Dish or Measure, such Penalty 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. The Dishes or Measures for the Wapentake of Wirksworth and Manor of Crich respectively are to be adjusted in the Presence of Two of the Grand Jury, according to the Standard Brazen Dish deposited in the Moot Hall at Wirksworth, and if such Standard Brazen Dish be at any Time hereafter lost or destroyed, or become unfit for Use, then the Dishes or Measures for the said Wapentake and Manor respectively shall be adjusted in like Manner as the Dishes or Measures for the other Manors or Liberties mentioned in this Act; the Dishes or Measures for the said other Manors or Liberties shall be adjusted in the Presence of Two of the Grand Jury, and shall contain Fifteen Pints of Water.

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 Highway lying most convenient to the Mine, and also from the Mine to the nearest running Stream of Water, not being ornamental Water or a private Fishery, such Ways to be set out in as short a Course as may be practicable and reasonable, but not to enter any such excepted Places aforesaid. 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. The Parties entitled to use the Way may make sufficient Ways for Use, and shall keep the same in repair; and if any such Way shall pass over any inclosed Lands, the Owner or Owners of the said Mine shall, previously to using the same, set up and make good and proper Gates or Stiles, as the Case may require, and keep such Gates or Stiles, with all proper Fastenings, in a good State of Repair, to the Satisfaction of the Barmaster; and may also use for mining Purposes the Water from the nearest running Stream, but so as not to defile the Waters of such running Stream, or to lessen the same so as to deprive Cattle of a Sufficiency of Water therefrom. If the Owner or Occupier of any Land is dissatisfied with the Mode in which any Way is set out by the Barmaster, or with the Mode in which any such Way is used by the Miner, such Owner or Occupier may apply to the Steward, and the Steward shall thereupon inquire into the Matter, and shall in a summary Way make such Orders respecting the setting out or User of the said Way as to him shall seem just, and such Way shall thereafter be set out and used in such Manner only as the said Steward shall direct.

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 from Time to Time for the Purpose of laying Rubbish, dressing his Ore, buddling, 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 the Fences so from Time to Time to be set up in sufficient Repair, if required by the Landowner or Occupier so to do: Provided always, that nothing herein contained shall entitle any Person to use any Lands for the Purpose of buddling old Hillocks which at the Time of such buddling shall be grassed over or otherwise cultivated (notwithstanding a Mine may be in workmanship), without rendering and paying to the Owner of such Lands One Thirtieth Part in Value of all such Lead Ore as shall be found and gotten in and from such old Hillocks, as and when such Lead Ore shall have been made merchantable and fit for smelting, and shall have been measured by the Barmaster, and (if required by such Landowner) before the same Lead Ore shall be removed and taken away.

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 herein-before mentioned in this Act, and such Transfer, when so entered, and not till then, shall be valid and effectual; and any Person may require the Barmaster to enter any Grant, Conveyance, Probate of Will, or other Assurance hereafter to be made relating to any Mine, in the Book to be kept by him, which Entry shall contain the Date, Names, and Descriptions of Parties, and Consideration of the Grant or other Assurance, and if a Will, the Dates and Name of the Testator, and Devisee, and Date of Probate, and Name of Court where proved, and the Name and Description of the Mine or Mineral Property described or referred to in such Document; and the Barmaster shall be required to make such Entry accordingly on having the original Document produced to him for that Purpose, and shall endorse on such Document a Certificate of the Date of such Entry, and the Page of his Book in which it is made, and sign the said Certificate, which Certificate so endorsed shall be taken and allowed as Evidence of such Entry in all Courts of Law and Equity whatsoever; and every Document so entered shall in all Questions of Title have Priority over all other Documents hereafter made or executed which are not entered in the Barmaster’s Book, and such Documents as are so entered shall have Precedence over each other according to their respective Dates of Entry.

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 Three Days 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 Persons entitled thereto.

8U.K.No Person shall 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 Person for the Time being entitled to the Duties of Lot and Cope; 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 Person for the Time being entitled to the said Duties; and Possession thereof may be recovered by Action of Title in manner herein-after provided.

9U.K.The Duties heretofore called the Duties of Lot and Cope are and shall be payable in the said Soke and Wapentake to the Queen and Her Successors, or to Her or their Lessess for the Time being, and in the said several Manors or Liberties, to the several Persons in this Act mentioned to be respectively entitled to the mineral Duties, and to their respective Heirs or Assigns, or the Parties entitled in remainder or reversion, or after or subject to the Estates or Interests of such Persons. The Duty called Lot is and shall be such as is herein-after mentioned; that is to say, in the said Soke and Wapentake One Thirteenth Part of all Ore raised; in the Manor or Liberty of Crich, One Ninth Part of all Ore raised; in the Manors or Liberties of Ashford, Hartington, Peak Forest, Tideswell, Stoney Middleton and Eyam, Youlgreave and Litton, One Thirteenth Part of all Ore raised. The Duty called Lot is to be set apart and taken by the Barmaster when he measures any Ore. The Duty called Cope is and shall be such as is herein-after mentioned; that is to say, in the said Soke and Wapentake the Duty called Cope is and shall be the Sum of [F12½p] for every Load of Ore measured; in the Manors or Liberties of Crich and Ashford, the Duty called Cope is and shall be the Sum of [F12½p] for every Load of Ore measured; in the Manors or Liberties of Hartington, Peak Forest, and Tideswell, Stoney Middleton and Eyam, Youlgreave and Litton, the Duty called Cope is and shall be Fourpence for every Load of Ore measured. Every such Load as aforesaid is to contain Nine Dishes, whereof each Dish in the said Soke and Wapentake, and in the said Manors or Liberties respectively, is to be of the Capacity provided by the Third Article with respect to the said Soke and Wapentake, and the said Manors or Liberties. 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 in the said Soke and Wapentake by the Barmaster, on behalf of the Queen and Her Successors, or of Her or Their Lessee for the Time being, and in the said several Manors or Liberties by the several Persons for the Time being entitled thereto, by Action of Debt in the Small Barmote Court, or by Action in the County Court.

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 in the said Soke and Wapentake 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 the Queen and Her Successors; and in the said several Manors or Liberties such Third Meer shall belong to the Person for the Time being entitled to the Mineral Duties; such Third Meer shall be measured and set out in manner aforesaid, One Half at each Extremity of the said Two Meers, and the Finder shall be entitled to each subsequent Meer, not exceeding Fifty Meers in such Vein, to the Extent he shall claim or require at the Time of setting out the First Two Meers, and such subsequent Meers shall be set out either wholly in One Direction in the said Vein, or partly in One Direction and partly in the other Direction in such Vein, as the Miner shall choose at the Time of setting out the said last-mentioned 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 the Queen or Her Successors, or if any of the other Persons entitled to such Third Meer, neglect or refuse duly and reasonably to work such Third Meer, the Finder shall have the Right to purchase the said Meer at such Price as the Barmaster and any Two or more of the Grand Jury may fix and determine, or the Finder may continue and maintain his Workings through the said Meer, upon laying aside 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 Barmaster in the said Soke and Wapentake, and to the Person for the Time being entitled to the Mineral Duties in the said Manors or Liberties respectively, a Dish of Ore to be called the Freeing Dish, such Dish in the said Soke and Wapentake, and in the said Manors or Liberties respectively, to be of the Capacity provided by the Third Article; and the Miner shall in like Manner deliver a similar Dish of Ore for every subsequent Meer which he shall reach of the Vein in which he is working.

12U.K.If any Miner shall remove any Ore from any Mine or Vein without having duly freed the same, as provided by the Eleventh Article, or shall commit any Trespass in the Third Meer mentioned in the Tenth Article, the Mine or Vein from which the Ore shall have been so removed, or of which the Meer in which such Trespass shall have been committed shall form a Part, shall be forfeited to the Person for the Time being entitled to the Mineral Duties, and Possession thereof may be recovered, as regards the Queen and Her Successors, or Her or their Lessees, by Action of Title in the Small Barmote Court in the Name of the Barmaster, and so far as regards any other Person, by the like Action in his own Name.

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 a 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 Six 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 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 herein-before mentioned; 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: 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 the Quantity herein-after mentioned: that is to say, in the said Soke and Wapentake, Twenty-nine Yards; in the Manor or Liberty of Ashford, Twenty-nine Yards; in the Manors or Liberties of Peak Forest, Hartington, Stoney Middleton and Eyam, Litton and Tideswell, Thirty-two Yards; in the Manor or Liberty of Crich, Twenty-nine Yards; and in the Manor or Liberty of Youlgreave, Twenty-eight Yards; and the Miner shall be entitled to take and have set out for him any Proportion of a Meer, 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 neglected and not wrought, shall, if required so to do by any Person or Persons, give to the Owner or reputed Owner and the Agent, if any shall be known to him, Notice in Writing that such Mine will at the Expiration of Three Weeks from the Time of serving such Notice, if not duly and reasonably worked, be forfeited; and if at the Expiration of the said Three Weeks the Mine is not so worked, the Barmaster, in the Presence of Two or more of the Grand Jury, may give such Mine to any Person or Persons willing to work the same; provided that nothing herein contained shall authorize the Barmaster to give away such Mine if the Owner thereof be unable to work the same by being hindered by 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 Two or more of the Grand Jury to relieve such Mine.

20U.K.The Notice required to be given by the preceding Article shall, where the Owner or reputed Owner and Agent, if any, of such Mine be known to the Barmaster, and be resident within the Jurisdiction of the Barmaster, be served personally or left at the usual or last known Place of Abode of such Owner or reputed Owner and Agent; but if such Owner or reputed Owner or Agent be not residing within the Jurisdiction of the Barmaster, it shall be sufficient to send such Notice by Post, and to prove the Delivery thereof in the same Manner as is required by the M1Parliamentary Voters Registration Act 1843, with respect to Notices of Objection therein referred to, and also to affix such Notice in manner next herein-after mentioned; and when neither the Owner nor reputed Owner nor the Agent of such Mine is known to the Barmaster, then it shall be sufficient to affix such Notice at the Place where the last preceding Great Barmote Court was held, and also upon some conspicuous Place upon or near such Mine.

21U.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 Twenty-one 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 (such Demand to be in Writing, and to be left at the Defendant’s last known Place of Abode, if within the Jurisdiction of the Barmote Court, but if not, then by affixing the same at the Place where the last preceding Great Barmote Court was held, and also on some conspicuous Place upon or near such Mine), and the Neglect or Refusal of Defendant to pay it for the Space of Twenty-one 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.

22U.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.

23U.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 Ten Days 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.

24U.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, for the Guidance of himself and the rest of the Grand Jury.

25U.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.

26U.K.If any Person shall obstruct the Grand Jury in any View, the Grand Jury shall state such Fact in Writing, and return such Writing, signed by a Majority 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 Seven 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 Ten clear Days Notice to show Cause, at a Time and Place to be named in such Notice, why a Penalty should not be imposed.

27U.K.If any Person shall, by virtue of any Sough Engine or other Means, unwater or give Relief to any Mine which may be under Water, and the further working thereof thereby 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 Portion of all the Ore which at any Time thereafter shall be got and raised in such Mine under the Level at which such Relief was given, as the Barmaster and Grand Jury may from Time to Time fix and determine, such 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, may be recovered in the County Court, or, if such Value shall exceed Fifty Pounds, in One of the Superior Courts [F2at the Royal Courts of Justice].

28U.K.Any person having Two or more Mines or Veins lying contiguous to each other, or connected by any Shafts, Gaits, or Ways, may, with the Consent in Writing of the Barmaster and 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 Mines or Veins are thenceforth consolidated, and the said Mines or 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 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.

29U.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 Person 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.

SECOND SCHEDULE,U.K. containing FORMS OF PROCEEDINGS

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

Form of Plaint.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

Summons in Title.U.K.

ToC.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 ofA.B.,Plaintiff in an Action of Title in the said Small Barmote Court, respecting, &c. [describe the Mine claimed].

Given under the Seal of the Court, this Day of .

By the Court,

E.F.,Steward.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

Summons in Trespass or Debt.U.K.

ToC.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 said Small Barmote Court, at the Suit ofA.B. for£ Damages for a Trespass committed by you at ,[if in Debt, say, “in an Action of Debt in the said Small Barmote Court, for the Sum of “£ (the Sum claimed) for Goods sold and delivered,” “for 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.F.,Steward.

Form of Particulars in an Action of Debt to be annexed to the Summons, or written at the Foot thereof. U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of .]

A.B.,Plaintiff,

and

C.D.,Defendant.

Particulars of the Debt for which this Action is commenced.

Above are the Particulars of Debt in this Action.

As witness my Hand.

A.B., or

A.B.,by.E .F. his [F3solicitor]

orAgent.

Judgment against Defendant for Payment of Debt or Damages.U.K.

In the Small Barmote Court held at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby, the Day of .

BetweenA.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 [orDamages 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,

E.F.,Steward

Judgment against Plaintiff.U.K.

In the Small Barmote Court held at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby, the Day of .

BetweenA.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,

E.F.,Steward.

Judgment in case of Nonsuit.U.K.

In the Small Barmote Court held at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby, the Day of .

BetweenA.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,

E.F.,Steward.

Judgment for Recovery of Possession.U.K.

In the Small Barmote Court held at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby.

BetweenA.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,

E.F.,Steward.

Execution against the Goods of Defendant.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

BetweenA.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 elasped 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 ’’ Derbyshire Mining Customs and Mineral Courts Act 1852,’’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 Soke and Wapentake of Wirksworth [orBy the Court, Liberty of ].E.F.,Steward.

Execution against the Goods of Plaintiff.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

BetweenA.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,orDebt: 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 “Derbyshire Mining Customs and Mineral Courts Act 1852,” 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 Soke and Wapentake of Wirksworth [orBy the Court, Liberty of ].E.F.,Steward.

Warrant for Recovery of Possession.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

BetweenA.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 Soke and Wapentake of Wirksworth [orBy the Court, Liberty of ].E.F.,Steward.

Summons to Grand Jurors to attend the Great Barmote Court or on a View.U.K.

You are hereby required to attend the Great Barmote Court to be held at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby,orto attend the Barmaster on a View, to be held at on the Day of .

Dated this Day of 185 .

A.B.,Barmaster,or

ToC.D.Deputy Barmaster.

Summons to Jurors to attend Small Barmote Court.U.K.

You are hereby required to attend the Small Barmote Court at within the Soke and Wapentake of Wirksworth [orLiberty of ] 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

ToC.D.,[add Residence] Deputy Barmaster.

Bill of Directions on a View.U.K.

To the Grand Jury for the Barmote Courts, met at within the Soke and Wapentake of Wirksworth [orLiberty of ] in the County of Derby on the Day of 185 .

You are desired byC.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.”

Return of Grand Jury to a Bill or Cross Bill of Directions.U.K.

We, the Grand Jury, [where all agree in Opinion, orWe [orI] the undersigned Members [orMember] of the Grand Jury [where there is Difference of Opinion] for the Soke and Wapentake of Wirksworth [orLiberty of ], assembled this Day of to view, &c. having had a Bill [orCross Bill] of Directions given to us, do declare, That we have proceeded to view, &c. as directed by the said Bill [orCross Bill], and do declare our [ormy] Opinion to be that, &c. giving their[or his Opinion clearly on the Question proposed]. As witness our [ormy] Hands [orHand].

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.U.K.

We [orI] the undersigned do not concur in the above Return, and are [oram] of opinion that, &c., stating their[or his]Opinion clearly on the Question proposed.

As witness our [ormy] Hands [orHand].

Signatures.

Form of Notice in pursuance of the Twenty-sixth Article of the Customs.U.K.

You are hereby required to attend at on the Day of before the Steward of the Soke and Wapentake of Wirksworth [orLiberty of ] 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 .

E.F.,Steward.

Form for imposing any Penalty which may be imposed under the Act.U.K.

I, Steward of the Barmote Courts for the Soke and Wapentake of Wirksworth [orLiberty of ], do hereby, by virtue of the “Derbyshire Mining Customs and Mineral Courts Act 1852,” impose onC.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 .

E.F.,Steward.

Warrant to levy any Penalty or Sum of Money that may be imposed or ordered to be paid under the Act.U.K.

Whereas on the Day of a certain Sum of£ was ordered to be paid byA.B. toC.D. by the Steward of the Barmote Courts for the Soke and Wapentake of Wirksworth [orLiberty of ]ora certain Penalty of£ was imposed uponA.B. by the Steward of the Barmote Courts for the Soke and Wapentake of Wirksworth [orLiberty of ], for an Offence against the “Derbyshire Mining Customs and Mineral Courts Act 1852,” and such Sum of£orPenalty 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 saidA.B. within the Jurisdiction of the said Barmote Court the said Sum of£orPenalty of£ together with the lawful Fees and Expenses allowed by the “Derbyshire Mining Customs and Mineral Courts Act 1852.”

Given under the Seal of the Court, this Day of in the Year 185 .

To the Barmaster of the Soke and Wapentake of Wirksworth [or E.F.,Steward Liberty of ].

Barmaster’s Return of Execution of any Warrant.U.K.

IA.B.,Barmaster of the Soke and Wapentake of Wirksworth [orLiberty of ], 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 .

Return that Barmaster has been unable to execute any Warrant.U.K.

IA.B.,Barmaster of the Soke and Wapentake of Wirksworth [orLiberty of ], do make this Return to the Steward of the Soke and Wapentake of Wirksworth [orLiberty of ] 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 PlaintifforDefendant, 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 ,

Subpoena.U.K.

A.B.,Steward of the Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ], 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,orDebt,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 [F4High Court].

Given under the Seal of the Court, this Day of in the Year 185 .

E.F.,Steward.

Order to adjourn Proceedings either in the Great of Small Barmote Court, or before the Steward.U.K.

It is ordered, that the Proceedings in this Matter [whatever it may 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,

E.F.,Steward.

Order to stay Proceedings.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

BetweenA.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,

E.F.,Steward.

Order for a New Trial.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ] held at the Day of .

BetweenA.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,

E.F.,Steward.

Summons on Interpleader.U.K.

In the Small Barmote Court for the Soke and Wapentake of Wirksworth [orLiberty of ].

BetweenA.B.,Plaintiff,

and

C.D.,Defendant.

WhereasE.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,

G.H.,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.

THIRD SCHEDULE,U.K. being LIST OF FEES TO BE ALLOWED ON TAXATION UNDER THIS ACT

To the Steward.U.K.

ToU.K.

[F5Solicitors]

To the Barmaster, whether the Duties be performed by him or by his Deputy.U.K.

Deputy Barmasters.U.K.

To Grand Jury.U.K.

FOURTH SCHEDULE U.K.

Feesallowed to theBarmasterandDeputy 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 his Deputy.