The Law of Mines Quarries And Minerals

Cover The Law of Mines Quarries And Minerals
The Law of Mines Quarries And Minerals
Robert Forster Macswinney
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12. ' Ss. 34, 72.
- See Church v. Incl. Comms. , II " Ss. 73 — 75.
C. B. , N. S. GG4, a decision under the '' In Wakefield v. Buccleuch (4 Eq.
repealed s. 27 of 8 & 9 Vict. C. 118: G13), Buccleuch v. Wakefield (L. U.
see ante, p. . 30. 4 H. L. 377), it was made a question •'' . 39 & 40 Vict. C. . 5G, h. 12, whether or not commissioners under ■• lb. An Inclosure Act had power to sell, * 8 & 9 Vict. C. 118, s. 33; 39 & 40 freed from tlie lord's right to mines, Vict. C. 5G, HH. 13, 32. Lands sold
...for the purpose of defraying « 8 & 9 Vict. C. 118, 8S. . 34, 35, 46— the expenses of the Act.
48, 55—57, GO.
KJy POWERS AS TO [chap. VII.
he must allot to the lord of the manor so much of the land as he shall consider equal to such part of the residue as shall be proportioned to his right or interest, according to the directions of the provisional order, in lieu of his right in the soil, and exclusive of any other allotments which may be made to him in respect of any other rights.^ And in case the provisional order declares, that his right has been estimated exclusively of his right in the mines or substrata, the valuer must, on the request of the lord, reserve to the lord such rights and easements for searching for working and carrying away such mines or substrata as shall not have been included in such estimate, subject to such provisions for com- pensation for surface damage as the valuer, with the approval of the Board, may think reasonable.


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