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| You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 | ||
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Where mines are reserved, landlord may work or lease the mines. 32. Where lands shall be granted or leased for any estate or interest, excepting thereout the mines and minerals upon the demised premises, it shall be lawful for the person entitled to the rent thereof, in fee simple, fee farm, fee tail, or for life, with immediate remainder to his own issue, to open, dig for, and work all mines and minerals found in or upon the said lands, and to carry away the ore thereof, or to lease the same to any person or persons for any term within the leasing power of such person in respect of mines and minerals; and such owner or his lessee shall have full liberty to enter on the said lands, and to build and make all houses, railways, tramways, and conveniences necessary for the purpose of mining, and to employ all streams on the said land not previously occupied, making to the tenant of said lands such yearly or other compensation or allowance for the damage sustained by reason of such digging of the ore, or building the said houses, or otherwise using of the said lands or streams, as shall be agreed upon between the said parties, or, in case they shall not agree, then such compensation or allowance as shall be ascertained by the chairman of the county upon a civil bill action brought for that purpose ...: Provided, however, that no person shall search for, open, or work any mine or mineral, by virtue of this Act, on any spot of ground on which any church or other place of worship, graveyard, cemetery, or public school shall be situate, nor within thirty yards thereof, nor upon any spot of ground on which any house, outhouse, garden, orchard, or avenue shall be situate, without the consent of the tenant in possession thereof first had and obtained.
© 1860 Crown Copyright
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