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Derbyshire Mining Customs and Mineral Courts Act 1852

16 & 17 Vict. c. 163 · Enacted 30 June 1852 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 1991.

An Act to define and amend the Mineral Customs and to make better Provision for the Administration of Justice in the Barmote Courts within the Soke and Wapentake of Wirksworth, and within the Manors or Liberties of Crich, Ashford, Stoney Middleton and Eyam, Hartington, Litton, Peak Forest, Tideswell, and Youlgreave, in the County of Derby.

[30th June 1852]

Whereas the Queen’s most Excellent Majesty in right of Her Duchy of Lancaster is seised to Her and Her Heirs and Successors of and in the Manor and Wapentake of Wirksworth, and of the Lead Mines within the King’s Field, and is entitled to the Mineral Duties within certain Parts of the Soke and Wapentake of Wirksworth in the County of Derby: And whereas all the Subjects of this Realm have claimed to have a Right to search for, sink, and dig Mines or Veins of Lead Ore within the King’s Field in the said Soke and Wapentake of Wirksworth, subject to certain ancient Mineral Laws and Customs, and upon paying certain Duties to Her Majesty and Her Predecessors, and Her and their Lessees for the Time being: And whereas Peter Arkwright Esquire is the Lessee of the said Duties, by Grant under the Seal of Her Majesty’s Duchy of Lancaster: And whereas all the Subjects of this Realm have claimed to have a Right to search for, sink, and dig Mines or Veins of Lead Ore within the several Manors or Liberties herein-after mentioned; that is to say, Ashford, Hartington, Peak Forest, Tideswell, Crich, Stoney Middleton and Eyam, Youlgreave, and Litton, all in the County of Derby, subject to certain ancient Mineral Laws and Customs, and upon paying certain Duties to the Persons for the Time being respectively entitled thereto: And whereas the Most Noble William Spencer Duke of Devonshire, Knight of the Garter, is entitled to the Mineral Duties in the said Manors or Liberties of Ashford, Hartington, Peak Forest, and Tideswell: And whereas the Most Noble William Spencer Duke of Devonshire, Knight of the Garter, the Most Noble Richard Plantagenet Duke of Buckingham and Chandos, Knight of the Garter, or the Most Honourable Richard Plantagenet Campbell Nugent Chandos Grenville Temple commonly called Marquess of Chandos, the only Son and Heir Apparent of the said last-named Duke, and in his Right, Sir Richard Tufton Baronet, as Tenant for Life in possession under the Will of the Right Honourable Henry Earl of Thanet deceased, Francis Hurt Esquire, and others, are entitled as Tenants in Common to the Mineral Duties in the said Manor or Liberty of Crich: And whereas the Most Noble William Spencer Duke of Devonshire, Knight of the Garter, the Most Noble Richard Plantagenet Duke of Buckingham and Chandos, Knight of the Garter, or the Most Honourable Richard Plantagenet Campbell Nugent Chandos Grenville Temple commonly called Marquess of Chandos, the only Son and Heir Apparent of the said last-named Duke, and in his Right, and Sir Richard Tufton Baronet, as such Tenant for Life as aforesaid, are entitled as Tenants in Common to the Mineral Duties in the said Manor or Liberty of Stoney Middleton and Eyam: And whereas the Most Noble John Henry Duke of Rutland, Knight of the Garter, is entitled to the Mineral Duties in the said Manor or Liberty of Youlgreave: And whereas the Right Honourable Nathaniel Baron Scarsdale is entitled to the Mineral Duties in the said Manor or Liberty of Litton: And whereas, for the Regulation of the Mines, and for deciding Questions of Title, Trespass, and Debt relating thereto, there have existed in the King’s Field within the said Soke and Wapentake, and within the said several Manors or Liberties respectively, certain Courts called the “Great Barmote Court” and the “Small Barmote Court”: And whereas the Mineral Laws and Customs of the King’s Field within the said Soke and Wapentake, and of the said Manors or Liberties, are uncertain and undefined, and are in many respects inapplicable to the present Mining Operations in the King’s Field within the said Soke and Wapentake, and in the said Manors or Liberties respectively: And whereas Charles Clarke of Matlock in the County of Derby, Esquire, is the Barmaster for the said Soke and Wapentake of Wirksworth, under and by virtue of Letters Patent bearing Date the Twenty-seventh Day of March One thousand eight hundred and thirty-nine, granted by the Queen under the Seal of Her said Duchy of Lancaster: And whereas it is advisable that the said Mineral Laws and Customs should be revised, altered, and amended, and that the Jurisdiction of the said Great and Small Barmote Courts should be more clearly defined and settled:

Contents

  1. IShort title.
  2. IIInterpretation of Terms.
  3. IIIAppointment of Steward of Wirksworth Barmote Court.
  4. IVAs to Appointment of Stewards of private Liberties.
  5. VSaving Rights of C. Clarke.
  6. VIAs to Appointment of Steward of the Manor or Liberty of Crich.
  7. VIIOne Person may be appointed Steward to several Courts.
  8. VIIIProvision for Appointment of Steward in case of Disability.
  9. IXSteward may appoint a Deputy.
  10. XDuties of Steward.
  11. XIGreat and Small Barmote Courts to be held for the Soke and Wapentake of Wirksworth, and Small Barmote Courts for the Manors or Liberties.
  12. XIIGreat Barmote Courts to be held for the Manors or Liberties of Ashford, Tideswell, Peak Forest, Hartington, and Stoney Middleton and Eyam.
  13. XIIIGreat Barmote Court for the Manor or Liberty of Crich.
  14. XIVGreat Barmote Court for the Manor or Liberty of Litton.
  15. XVGreat Barmote Courts to be held for the Manor or Liberty of Youlgreave.
  16. XVIBusiness at Barmote Courts.
  17. XVIISeal of the Courts.
  18. XVIIIBarmaster for the Soke and Wapentake of Wirksworth.
  19. XIXBarmasters for the private Liberties.
  20. XXBarmaster not to be answerable for Deputy.
  21. XXIBarmasters to be sworn.
  22. XXIIDuties of Barmaster.
  23. XXIIIDuties of Deputy Barmaster.
  24. XXIVCourts to be Courts of Record.
  25. XXVJurisdiction and Customs.
  26. XXVIProvisional Exemption of certain Lands in Eyam.
  27. XXVIIPractice of Courts.
  28. XXVIIIPersons giving false Evidence guilty of Perjury.
  29. XXIXPenalty for refusing to give Evidence.
  30. XXXPenalty for insulting Steward or Barmaster.
  31. XXXIGrand Jury.
  32. XXXIIDuties of Grand Jury.
  33. XXXIIISmall Barmote Courts.
  34. XXXIVService of Summons.
  35. XXXVProviso in case Plaintiff shall not proceed in the Action.
  36. XXXVINew Trials.
  37. XXXVIICosts.
  38. XXXVIIIAppeal.
  39. XXXIXPleadings not to be repeated.
  40. XLService of Subpœna on Witnesses.
  41. XLIExecution may be issued.
  42. XLIIReturn to be made of Executions.
  43. XLIIIJurors at Small Barmote Courts.
  44. XLIVProviso for Small Barmote Courts within Stoney Middleton and Eyam, and several other Places.
  45. XLVAs to Appointment of Juries, and challenging Jurors.
  46. XLVIProvision in case of more than One Cause.
  47. XLVIIPenalty on Jurors for Non-attendance.
  48. XLVIIISubpoenas.
  49. XLIXExecution may be superseded.
  50. LBarmaster not to be liable for anything done under Provisions of this Act.
  51. LISteward not to be liable.
  52. LIIRegister of Summonses, &c.
  53. LIIIDocuments in Custody of Steward or Barmaster to be open to Inspection.
  54. LIVInterpleader Clause.
  55. LVPenalties.
  56. LVIApplication of Penalties.
  57. LVIIForms of Proceedings.
  58. LVIIIFees.
  59. LIXLimitation.
  60. LXRemoval of Proceedings.
  61. LXICosts.
  62. LXIIProceedings pending.
  63. LXIIIParties may proceed in any other Court than Small Barmote Court.
  64. LXIVExpenses of Act.
  65. LXVNot to extend Customs to Lands not now subject to them.
  66. LXVIRights of Proprietors of Spar and Limestone within the Manor of Crich not to be prejudiced.
  67. LXVIIRights of Tithe Owners not to be prejudiced.
  68. LXVIIISaving Rights of the Crown.
  69. Schedule The FIRST SCHEDULE referred to,: being aSCHEDULE OF ARTICLES AND CUSTOMS BY THIS ACT ESTABLISHED
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. 4Paragraph 4
  74. 5Paragraph 5
  75. 6Paragraph 6
  76. 7Paragraph 7
  77. 8Paragraph 8
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. 11Paragraph 11
  81. 12Paragraph 12
  82. 13Paragraph 13
  83. 14Paragraph 14
  84. 15Paragraph 15
  85. 16Paragraph 16
  86. 17Paragraph 17
  87. 18Paragraph 18
  88. 19Paragraph 19
  89. 20Paragraph 20
  90. 21Paragraph 21
  91. 22Paragraph 22
  92. 23Paragraph 23
  93. 24Paragraph 24
  94. 25Paragraph 25
  95. 26Paragraph 26
  96. 27Paragraph 27
  97. 28Paragraph 28
  98. 29Paragraph 29
  99. Schedule SECOND SCHEDULE,containing FORMS OF PROCEEDINGS
  100. Form of Plaint.
  101. Summons in Title.
  102. Summons in Trespass or Debt.
  103. Form of Particulars in an Action of Debt to be annexed to the Summons, or written at the Foot thereof.
  104. Judgment against Defendant for Payment of Debt or Damages.
  105. Judgment against Plaintiff.
  106. Judgment in case of Nonsuit.
  107. Judgment for Recovery of Possession.
  108. Execution against the Goods of Defendant.
  109. Execution against the Goods of Plaintiff.
  110. Warrant for Recovery of Possession.
  111. Summons to Grand Jurors to attend the Great Barmote Court or on a View.
  112. Summons to Jurors to attend Small Barmote Court.
  113. Bill of Directions on a View.
  114. Return of Grand Jury to a Bill or Cross Bill of Directions.
  115. Memorandum to be added after the Signatures of the Majority, where One or more of the Grand Jury do not concur in the Return.
  116. Form of Notice in pursuance of the Twenty-sixth Article of the Customs.
  117. Form for imposing any Penalty which may be imposed under the Act.
  118. Warrant to levy any Penalty or Sum of Money that may be imposed or ordered to be paid under the Act.
  119. Barmaster’s Return of Execution of any Warrant.
  120. Return that Barmaster has been unable to execute any Warrant.
  121. Subpoena.
  122. Order to adjourn Proceedings either in the Great of Small Barmote Court, or before the Steward.
  123. Order to stay Proceedings.
  124. Order for a New Trial.
  125. Summons on Interpleader.
  126. Schedule THIRD SCHEDULE,: being LIST OF FEES TO BE ALLOWED ON TAXATION UNDER THIS ACT
  127. To the Steward.
  128. To
  129. To the Barmaster, whether the Duties be performed by him or by his Deputy.
  130. Deputy Barmasters.
  131. To Grand Jury.
  132. Schedule FOURTHSchedule FOURTH