Section 8. 1 & 2 Vict., c. 56 (Act for the more effectual 1 & 2 Vict,, Relief of the Destitute Poor in Ireland), Sects. 63, 64. c. 56 ments are S. 63. And be it enacted and declared, that the What hereditafollowing hereditaments shall be rateable heredita- rateable ments under this Act, viz., all lands, buildings and open mines; all commons and rights of common, and all other profits to be had, received or taken out of any land; ...; and rights-of-way and other rights or easements over land, and the tolls levied in respect of such rights and easements, and all other tolls; . . .; and provided also, that no mines which have not been opened seven years before the passing of this Act shall be rateable until the term of seven years from the time of the opening thereof shall have expired; and no mines hereafter to be opened shall be rateable until seven years after the same shall have been opened; and mines bona fide re-opened after the same shall have been bona fide abandoned shall be deemed an opening of mines within the meaning of this Act; . . . made on estimate of S. 64. And be it enacted, that every such rate shall Rates to be be a poundage rate made upon an estimate of the net annual value of the several hereditaments rated there- annual value unto; that is to say, of the rent at which one year with another the same might in their actual state be reasonably expected to let from year to year, the probable annual average cost of the repairs, insurance and other expenses, if any, necessary to maintain the hereditaments in their actual state, and all rates, taxes and public charges, if any, except tithes, being paid by the tenant. 1 1 Cf. provisions as to rateability in England, Part viii., c. 1. PART VII SPECIAL ACTS AND AWARDS RELATING TO INTRODUCTION. THE FOREST OF DEAN CAP. I. 1 & 2 VICT., c. 43, and AWARD OF 1841, Schedule 2. CAP. II. 24 & 25 VICT., c. 40. CAP. III. 34 & 35 VICT., c. 85, AND AWARD OF 1872. INTRODUCTION to the Forest COAL mines in the Forest of Dean, though apparently Acts relating within the operations of the Coal Mines Regulation Acts, of Dean 1887-1896,1 are primarily governed by various special Acts, of which the principal are 1 & 2 Vict., c. 43 (1838), 24 & 25 Vict., c. 40 (1861), and 34 & 35 Vict., c. 85 acts (1871), and by two Awards of the 8th March 1841 and Awards under of the 11th June 1872 made under the 1 & 2 Vict., c. 43, and the 34 & 35 Vict., c. 85, respectively. These Acts, Extent of acts which are to be construed as one (34 & 35 Vict., c. 85, sects. 2,4), apply to all coal and iron mines and stone quarries within the Forest of Dean and in the Hundred of St Briavels, excepting those situated in the Hundred of St. Briavels, belonging to Her Majesty or any of Her Majesty's subjects, as to which notice of the desire of the owners that the Act of 1838 shall not extend to such lands as was given to the Commissioners appointed thereunder within six months from its passing (1 & 2 Vict,, c. 43, sect. 68; 34 & 35 Vict., c. 85, sect. 3). This legislation settled, and is largely based on certain customs Customs of the prevailing among the free miners of the Forest of Dean, which appear to have originated in the same manner as those of the tin miners of Devonshire and Cornwall, and of the lead miners of Derbyshire, and to have been in existence since the time of the Romans; but by sect. 31 See 50 & 51 Vict., c. 58, sects. 3, 71, pp. 2 and 9 ante. 2 Other Acts are:-1 Car. I., c. 16, "for the settling of the Forests, and of the Metes, Meers, Limits and Bounds of the Forests"; 59 Geo. III., c. 86, relating, inter alia, to the recovery of gale rents in the Forest of Dean; and 1 & 2 Will. IV., c. 12; 3 & 4 Will. IV., c. 38, and 4 & 5 Will. IV., c. 59, all of which relate to the boundaries of the Forest and the rights and privileges of the miners. Forest of Dean |