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High Peak Mining Customs and Mineral Courts Act 1851

14 & 15 Vict. c. 94 · Extends to United Kingdom

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

C1An Act to define and amend the Mineral Customs of certain Parts of the Hundred of High Peak in the County of Derby, Part of the Possessions of Her Majesty’s Duchy of Lancaster; to make Provision for the better Administration of Justice in the Barmote Courts therein; and to improve the Practice and Proceedings of the said Courts.

[7th August 1851]

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 Hundred of High Peak in the County of Derby, and is entitled to the Mineral Duties in certain Parts of the Hundred of High Peak: And whereas within the said Hundred there is a District called the King’s Field, otherwise the King’s Fee, which consists of Seven smaller Liberties or Districts, to wit, Castleton, Bradwell, Hucklow, Winster, Moniash, Taddington, and Upper Haddon: And whereas all the Subjects of this Realm have from Time immemorial had or claimed to have a Right to search for, sink, and dig Mines or Veins of Lead Ore within the King’s Field aforesaid, 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 for the Regulation of the said Mines, and for deciding Questions of Title and other Matters relating thereto, there have existed within the King’s Field aforesaid certain Courts called the Great Barmote Court and the Small Barmote Court: And whereas the Mineral Laws and Customs of the King’s Field aforesaid are uncertain and undefined, and are in many respects inapplicable to the present Mining Operations within the King’s Field aforesaid: And whereas Doubts have arisen whether the Jurisdiction of the Barmote Courts extends over such Parts of the said Hundred of High Peak within which Her said Majesty is entitled to the Mineral Duties, but which are not included in the King’s Field aforesaid, although the same Rights of Mining are exercised therein: And whereas it is advisable that the said Mineral Laws and Customs should be revised, altered, and amended so as to be made applicable to the present State of Mining Operations within the said Hundred, and that the Jurisdiction of the said Great and Small Barmote Courts should be more clearly defined and settled: And whereas the Most Noble William Spencer Duke of Devonshire is the Lessee of the said Duties by Grant under the Seal of Her Majesty’s Duchy of Lancaster:

Annotations to the whole text

Modifications

C1

Act excluded by Derwent Valley Water Act 1927 c. lxx, s. 8

Contents

  1. IShort Title.
  2. IIInterpretation Clause.
  3. IIISteward.
  4. IVSteward may appoint a Deputy.
  5. VDuties of Steward.
  6. VICourts to be held.
  7. VIIBusiness at Barmote Courts.
  8. VIIISeal of the Courts.
  9. IXBarmasters.
  10. XBarmaster not to be answerable for his Deputies.
  11. XIRemoval of Deputy Barmasters.
  12. XIIBarmasters to take Oath.
  13. XIIIDuties of Head Barmaster.
  14. XIVDuties of Deputy Barmasters.
  15. XVCourts to be Courts of Record.
  16. XVIJurisdiction and Customs.
  17. XVIIPractice of Courts.
  18. XVIIIExamination of Parties.
  19. XIXFalse Evidence Perjury.
  20. XXPenalty for refusing to give Evidence.
  21. XXIPenalty for insulting Steward or Disturbance.
  22. XXIIGrand Jury.
  23. XXIIIDuties of Grand Jury.
  24. XXIVSmall Barmote Courts.
  25. XXVService of Summons. Proviso in case Defendant shall refuse to appear or plead.
  26. XXVIProviso in case Plaintiff shall not proceed in the Action.
  27. XXVIINew Trials.
  28. XXVIIICosts.
  29. XXIXAppeal.
  30. XXXPleadings not to be repeated.
  31. XXXIService of Subpœnas on Witnesses good in any Part of England.
  32. XXXIIExecution may be issued against Mineral Property, and the same sold by the Barmaster.
  33. XXXIIIWarrants and Executions to be returned to Steward’s Office.
  34. XXXIVJurors at Small Barmote Courts.
  35. XXXVBallot and Challenge of Jurors.
  36. XXXVIProvision in case of more than One Cause.
  37. XXXVIIPenalty on Jurors for Nonattendance.
  38. XXXVIIIPenalty on Grand Jurors for Nonattendance.
  39. XXXIXExemption from serving on Jury.
  40. XLSubpœnas.
  41. XLIExecution may be superseded.
  42. XLIIBarmaster not to be liable.
  43. XLIIISteward not to be liable.
  44. XLIVRegister of Summonses, &c.
  45. XLVDocuments in Custody of Steward to be open to Inspection.
  46. XLVIInterpleader Clause.
  47. XLVIIPenalties.
  48. XLVIIIForms of Proceedings.
  49. XLIXFees.
  50. LApplication of Penalties.
  51. LILimitation.
  52. LIIRemoval of Proceedings.
  53. LIIICosts.
  54. LIVProceedings pending.
  55. LVParties may proceed in any other Court than Small Barmote Court.
  56. LVIPower to make new Rules.
  57. LVIISaving Rights of the Crown.
  58. Schedule FIRST SCHEDULE referred to;: being A Schedule of Articles and Customs by this Act established.
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. 6Paragraph 6
  65. 7Paragraph 7
  66. 8Paragraph 8
  67. 9Paragraph 9
  68. 10Paragraph 10
  69. 11Paragraph 11
  70. 12Paragraph 12
  71. 13Paragraph 13
  72. 14Paragraph 14
  73. 15Paragraph 15
  74. 16Paragraph 16
  75. 17Paragraph 17
  76. 18Paragraph 18
  77. 19Paragraph 19
  78. 20Paragraph 20
  79. 21Paragraph 21
  80. 22Paragraph 22
  81. 23Paragraph 23
  82. 24Paragraph 24
  83. 25Paragraph 25
  84. 26Paragraph 26
  85. 27Paragraph 27
  86. 28Paragraph 28
  87. Schedule SECOND SCHEDULE;: containing FORMS OF PROCEEDINGS.
  88. In the High Peak Small Barmote Court. Form of Plaint
  89. In the High Peak Small Barmote Court. Summons in Title.
  90. In the High Peak Small Barmote Court. Summons in Trespass or Debt.
  91. Form of Particulars in an Action of Debt to be annexed to the Summons or written at the Foot thereof.
  92. Judgment against Defendant for Payment of Debt or Damages.
  93. Judgment against Plaintiff.
  94. Judgment in case of Nonsuit.
  95. Judgment for Recovery of Possession
  96. Execution against the Goods of Defendant.
  97. Execution against the Goods of Plaintiff.
  98. Warrant for Recovery of Possession.
  99. Summons to Grand Jurors to attend the Great Barmote Court or on a View.
  100. Summons to Jurors to attend Small Barmote Court.
  101. Bill of Directions on a View.
  102. Return of Grand Jury to a Bill or Cross Bill of Directions.
  103. Form of Notice in pursuance of the Twenty-fifth Article of the Customs.
  104. Form for imposing any Penalty which may be imposed under the Act.
  105. Warrant to levy any Penalty or Sum of Money that may be imposed or ordered to be paid under the Act.
  106. Barmasters Return of Execution of any Warrant.
  107. Return that Barmaster has been unable to execute any Warrant
  108. Subpoena.
  109. Order to adjourn Proceedings either in the Great or Small Barmote Court or before the Steward.
  110. Order to stay Proceedings.
  111. Order for a new Trial.
  112. Summons on Interpleader.
  113. Schedule THIRD SCHEDULE;being list of fees to be allowed on taxation under this Act
  114. Schedule FOURTH SCHEDULE.Schedule FOURTH SCHEDULE.