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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.
XXV. Service of Summons. Proviso in case Defendant shall refuse to appear or plead
XXVI. Proviso in case Plaintiff shall not proceed in the Action
XXXI. Service of Subpœnas on Witnesses good in any Part of England
XXXII. Execution may be issued against Mineral Property, and the same sold by the Barmaster
XXXIII. Warrants and Executions to be returned to Steward’s Office
XLV. Documents in Custody of Steward to be open to Inspection
LV. Parties may proceed in any other Court than Small Barmote Court
being A Schedule of Articles and Customs by this Act established
An 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:
C1 Act excluded by Derwent Valley Water Act 1927 c. lxx, s. 8
In citing this Act in other Acts of Parliament, and in legal Instruments and on all other Occasions, it shall be sufficient to use the Expression “The High Peak Mining Customs and Mineral Courts Act 1851,” and the Schedules to this Act shall be considered as forming Part thereof.
In construing this Act the following Words and Expressions shall have the Meaning hereby assigned to them, unless there be something in the Context of the Act repugnant to such Construction; that is to say,
The Word “Steward” shall mean Deputy Steward:
The Words “County Court” shall mean any County Court having Jurisdiction over any Part of the District over which the Barmote Courts have Jurisdiction by this Act:
The Word “Gift” shall mean the setting out by the Barmaster of any Ground in manner herein-after provided:
The Word “Founder” shall mean the Point at which a Vein of Ore shall be first found; and the Words “Founder Meers” shall mean the Two first Meers to be set out to the Finder under the Provisions of this Act:
The Words “Mine or Mines, Vein or Veins,” shall mean a Mine or Mines, Vein or Veins, of Lead Ore, and shall include Parts of or Shares in any Mine or Vein as well as entire Mines and Veins, and all Minerals containing Lead Ore:
The Word “Ore” shall mean Lead Ore and Belland exclusively:
The Word “Barmaster” shall include Deputy Barmasters:
The Words “Mineral Property” shall include Mines and Veins of Lead, and Parts of or Shares in any such Mines or Veins, and the Works, Rights, and Appurtenances connected therewith, and also Lead Ore, and all Tools, Materials, Goods, Chattels, and Effects used in searching for, getting, cleansing, or preparing Lead Ore, whether such Tools, Materials, Goods, Chattels, or Effects be or be found in or upon any Mine or Works or elsewhere.
From and after the passing of this Act it shall be lawful for the Queen’s most Excellent Majesty and Her Successors to nominate and appoint, from Time to Time, by Letters Patent under the Seal of the Duchy of Lancaster, a fit and proper Person, being a Barrister-at-Law of Five Years standing, or a Member of One of the Inns of Court who has practised as a Special Pleader for Ten Years, or [F1a solicitor of the Supreme Court] of Seven Years standing, to be and to be called the Steward of the High Peak Barmote Courts, and such Steward shall hold his Office during the Will and Pleasure of Her Majesty and Her Successors.
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1) and Solicitors Act 1974 (c. 47), s. 89(6)
It shall be lawful for the Steward to appoint from Time to Time a Deputy Steward qualified to be appointed Steward of the said Court, to act for him at any Time when he shall be prevented by Illness or unavoidable Absence from acting in such Office, and to remove such Deputy at his Pleasure, and such Deputy while acting under such Appointment shall have the like Powers and Privileges, and be subject to the like Provisions, Duties, and Penalties for Misbehaviour, as if he were the Steward of the Court for the Time being.
The Duties of the said Steward shall be to receive and enter Plaints in a Book to be kept by him for that Purpose, which may be in the Form comprised in the Second Schedule to this Act; to issue Summonses, to hold and preside at the Great and Small Barmote Courts; to issue Precepts under his Hand to the Barmaster for summoning the Attendance of the Grand Jury on Views and at the Great Barmote Courts, and also Precepts to the Barmaster for summoning and empannelling Jurors for the Trials of Causes at the Small Barmote Courts; to administer Oaths to the Barmaster, Deputy Barmaster, Jurors, Witnesses, or other Persons (at and out of the Great and Small Barmote Courts); to preside as Judge on the Trial of Causes at the Small Barmote Courts; to tax Costs in all Cases where by this Act Costs are or may be given; to attend and preside at Views; to sign and issue Subp^nas for the summoning of Witnesses and the Process of the Courts, both mesne and final, and all Rules and Orders of the Courts, and Warrants for enforcing the Judgments of the Courts, and levying Penalties; to make Returns to [F1orders of certiorari] ; to advise the Barmasters and Grand Juries and other Juries upon Matters of Law, and all other Matters connected with their respective Duties; to affix the Seal of the Barmote Courts to such Documents as require the same; to hear and determine Applications to the Courts which do not require the Intervention of a Jury, and to make Orders thereon, upon such Terms as to the Payment of Costs by either Party or otherwise as may to him seem just; to keep the Verdicts, Judgments, Books, and Proceedings of the Great and Small Barmote Courts, and the Seal of the said Courts, and also all Books and Accounts herein-after provided to be kept and delivered to the Steward by the Barmaster, safe and in good Condition, and to deliver up the same to Her Majesty and Her Successors whenever required; and generally to do and perform such other Acts and Duties as are in this Act mentioned as Acts and Duties to be performed by the Steward.
F1Words substituted by virtue of Administration of Justice (Miscellaneous Provisions) Act 1938 (c. 63), s. 7(5)
Two Great Barmote Courts shall be held every Year, One on the First Tuesday in the Month of April, and the other on the First Tuesday in the Month of October, but if the First Tuesday in April be in Passion Week or Easter Tuesday, or a Day appointed for a Public Fast or Thanksgiving, then such Court shall be held on the Tuesday next after, instead of being holden on such First Tuesday; and Small Barmote Courts shall be held from Time to Time as Occasion shall require, but not on the Days appointed for the holding of the Great Barmote Courts; the Great Barmote Courts shall be held at Monyash in the County of Derby, and the Small Barmote Courts at any Place within the Jurisdiction of the said Courts which may be appointed by the Steward, which Place may be varied at any Time or from Time to Time.
The Matters to be transacted at the Great Barmote Courts shall be the swearing in of the Grand Jury, and such other Matters as are in this Act mentioned as being Matters to be transacted at the Great Barmote Courts; and the Matters to be transacted at the Small Barmote Courts shall be the Trial of Actions of Title, Trespass, and Debt, and such other Matters as are in this Act mentioned as being Matters to be transacted at the Small Barmote Courts.
There shall be a Seal or Stamp provided by the Steward, with the Words “The Seal of the High Peak Barmote Courts” thereon, and all Proceedings in the Great and Small Barmote Courts which are required to be signed by the Steward shall be sealed or stamped therewith.
It shall be lawful for Her Majesty and Her Successors to appoint during Pleasure only (by Letters Patent under Seal of the Duchy of Lancaster ) a fit and proper Person to serve the Office of Barmaster of the District within the Jurisdiction of the Barmote Courts, and to be called the Barmaster of the High Peak; and the Barmaster for the Time being may (with the Consent in Writing of the Lessee for the Time being of the Duties of Lot and Cope, and if there shall be no such Lessee then with the Consent in Writing of Her Majesty or Her Successors, or of the Chancellor for the Time being of the Duchy of Lancaster,) nominate Seven fit and proper Persons to serve the Office of Deputy Barmaster, One for each of the Seven smaller Liberties or Districts aforesaid; and the Deputy Barmaster for the Time being of the Liberty or District of Castleton shall be also the Deputy Barmaster for such Part of the Hundred of High Peak aforesaid as is now vested in Her Majesty in right of Her Duchy of Lancaster, but it is not within the King’s Field; and such Deputy Barmasters shall respectively continue in Office during the Continuance in Office of the Barmaster by whom they were appointed, or until they shall be removed as hereinafter mentioned: Provided always, that the Barmaster may, with such Consent as aforesaid, appoint the same Person to act as Deputy Barmaster for any Two or more of the said smaller Liberties.
The Barmaster shall not be answerable for the Acts of the Deputy Barmasters.
It shall be lawful for the Lessee for the Time being of the Duties of Lot and Cope, and if there shall be no such Lessee then for the Chancellor for the Time being of the Duchy of Lancaster, to remove any Deputy Barmaster from his Office at the Pleasure of such Lessee and Chancellor respectively.
The Barmaster and Deputy Barmasters respectively may act as such without being sworn, but shall, before or at the Great Barmote Court next after their respective Appointments, be respectively sworn well and truly to serve the Office to which they are appointed, or such Appointment shall be void.
The Duties of the Barmaster shall be to execute all such Precepts and Warrants as shall be directed to him, and signed by the Steward and sealed with the said Seal, to attend on Views with the Steward and Deputy Barmaster of the District in which the Mine to be viewed is situate, and where there is no Deputy appointed for any District, to perform all the Duties of the Office of Deputy of such District until a Deputy is appointed, and generally to do and perform such other Acts and Duties as are in this Act mentioned as being Acts or Duties to be done or performed by the Barmaster.
The Duties of the Deputy Barmasters, whether the Barmaster be absent or present, shall be, to serve Summonses in Actions in the Small Barmote Court relating to Mineral Property within their respective Districts; to serve Summonses on Jurors within their respective Districts; to attend Views on Mines within their respective Districts; to collect the Dues payable within their respective Districts to Her Majesty and Her Successors, or to Her or their Lessee for the Time being, and to keep Accounts of such Dues; to keep a Book, and make therein written Entries and Particulars of all Meers of Ground which shall be measured and set out by them under the Provisions of this Act, and also of all Transfers of Mines which may be made as herein-after provided, and also of all Freeings and other Matters connected with the Mines within their respective Districts; to sign such Book, and to deliver the same half-yearly, together with a fair Copy of the aforesaid Accounts and Entries, also signed by them respectively, each such half-yearly Account to end with the Twenty-fifth of March or Twenty-ninth of September, to the Steward at the Great Barmote Court next after the Day to which such Accounts shall be made up, or, with the Consent of the Steward, at any Adjournment of the said Court, to produce any such Book, and to make and deliver other fair Copies of the aforesaid Accounts at any other Time, upon Demand being made by the Steward for the Production of any such Book, or for any such Copy; and (in all other Cases in which the Barmaster shall not be present and choose to perform such Duties in Person) to perform within their respective Districts all such Duties as are in this Act mentioned as forming Part of the Duties or Business of the Barmaster, and generally to assist the Barmaster, when required by him so to do, in any other Matters forming Part of or connected with the Duties of Barmaster, whether in their own Districts or elsewhere within the Jurisdiction of the Barmote Courts.
The Great Barmote Court and the Small Barmote Court shall be Courts of Record, and the Steward shall be Judge of each of them, and may out of Court do all such Acts of the Courts respectively as do not require the Presence of a Jury.
The Jurisdiction of the said Great and Small Barmote Courts and of this Act shall be held to extend over the whole of the before-mentioned District called the King’s Field, and also over all the Parts of the Hundred of High Peak aforesaid in which Her Majesty in right of Her Duchy of Lancaster is entitled to the Mineral Duties, and the Mineral Laws and Customs of that Part of the said Hundred over which the Jurisdiction of the said Great and Small Barmote Courts is hereby declared to extend shall be such as are mentioned and comprised in this Act, and no other alleged Custom or Practice shall be valid.
The Steward may in any Case, and upon such Terms as to the Payment of Costs by either Party or otherwise as to him shall seem just, make Orders for granting Time to the Plaintiff or Defendant to proceed in the Prosecution or Defence of any Action, and also may from Time to Time adjourn any Great or Small Barmote Court, or the Hearing or further Hearing of any Cause or other Proceeding in the said Courts or either of them, or before the Steward, in such Manner as to the Steward may seem fit, and when any Court is adjourned, the Grand Jurymen and other Jurymen who shall have been summoned to such Court shall attend at the adjourned Court without any further summoning, and shall be liable to the same Penalties for not attending at an adjourned Court as for not attending upon a Summons: Provided always, that the further Hearing of any Cause or other Proceeding of which the Hearing shall have been commenced, and in which any Evidence shall have been given, shall not be adjourned for any longer Period than until the Day next after that on which the Adjournment takes place, or if such next Day be Sunday, Good Friday, Christmas Day, or any Day appointed for a Public Fast or Thanksgiving, then until the Day next but One after that on which the Adjournment takes place.
On the Hearing or Trial of any Action, or on any other Proceeding under this Act, the Parties thereto, their Wives, and all other Persons, may be examined upon Oath or solemn Affirmation in those Cases in which Persons are by Law allowed to make Affirmation instead of taking an Oath, such Oath or Affirmation to be administered by the Steward.
Every Person who in any Examination upon Oath or solemn Affirmation before the said Steward shall wilfully and corruptly give false Evidence shall be deemed guilty of Perjury, and shall be liable to be indicted and subject to the same Punishments as may be imposed on Persons guilty of Perjury in any of the Superior Courts [F1at the Royal Courts of Justice].
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
If any Person appearing as a Witness shall refuse to give Evidence or to answer any lawful Question, it shall be lawful for the Steward to impose upon any such Person such Penalty not exceeding Ten Pounds as the said Steward shall think fit.
If any Person shall wilfully insult the Steward or either of the said Courts, or create any Disturbance during the Sitting of any Great or Small Barmote Court, or at any View, or shall insult or obstruct the Barmaster at any Time when in the Execution of his Office, it shall be lawful for the said Steward to impose upon any such Person such Penalty not exceeding Ten Pounds as the said Steward shall think fit, and the Steward shall fix a Day on or before which, and a Person to whom, such Penalty shall be paid.
From and after the passing of this Act the Grand Jury shall consist of Twelve Men only, who shall be selected by the Barmaster from amongst Persons resident within the Jurisdiction of the said Great and Small Barmote Courts, and as far as conveniently can be done it shall be the Duty of the Barmaster to select Persons experienced in practical Mining, but a Want of such Experience shall be no Ground of Objection to any Person serving on the Grand Jury if summoned so to do, nor of Exemption from such Service; and the Grand Jury shall be composed in manner herein-after stated, that is to say, of One Man from the Liberty of Castleton, of Two Men from the Liberty of Bradwell, of Two Men from the Liberty of Hucklow, of Two Men from the Liberty of Winster, of Two Men from the Liberty of Monyash, of One Man from the Liberty of Taddington, of One Man from the Liberty of Upper Haddon, and of One Man from such Parts within the Jurisdiction of the said Great and Small Barmote Courts as are not within any of the aforesaid Liberties; and at the Second Great Barmote Court which shall be held after the passing of this Act Six of the Grand Jury, to be determined by Lot, shall be discharged and Six new Grand Jurymen substituted, and at every subsequent Great Barmote Court Six of the Grand Jury, being those who have been longest in Office, shall be discharged and Six new Grand Jurymen shall be substituted in their Stead, so that every Member of the Grand Jury shall serve for a Period extending over the holding of Two Great Barmote Courts; and no Person shall be compellable to serve on the Grand Jury oftener than once in Three Years; and as often as any of the Grand Jury shall die or become incompetent to act, the Barmaster shall select another Person in his Place, without waiting for the holding of a Great Barmote Court, and every Member of the Grand Jury shall be sworn in by the Steward as soon as conveniently may be, either at a Great or Small Barmote Court or out of Court, as may be most convenient, but every such Member shall be competent to act immediately upon his Appointment as One of the Grand Jury, without waiting for being sworn as aforesaid.
The Duties to be performed by the Grand Jury may in Cases where no other Provision is made by this Act be performed by any Eight of the Body, and such Duties shall be to attend at the Great Barmote Courts, and at any other Time upon the Summons of the Barmaster or of any Deputy Barmaster, such Summons to be delivered to all the Members of the Grand Jury, or to be left at their respective last or usual Places of Abode, at least Three Days before the Day on which their Attendance is required to go down into any Mine, Vein, or Mineral Works, and view the same, and give their Opinion on such Matters as are required, of them in any Bill of Directions or Cross Bill delivered to them, and generally to do and perform all such Acts and Duties as are in this Act mentioned as being Acts to be done or Duties to be performed by the Grand Jury.
The Steward shall, upon the entering of any Plaint, cause a Summons to be issued, and shall, on a Day to be mentioned in such Summons, and within One Calendar Month after the entering of the Plaint, hold a Small Barmote Court for the Trial of the Cause; and the Plaintiff and Defendant, or their respective [F1solicitors] or Agents, shall appear at the Time and Place appointed for the Trial, and the Steward shall proceed in a summary Way to try the Cause, leaving all Matters of Fact in issue in the Cause to be determined by the Jury sworn for the Trial, and shall give Judgment, and the Judgment of the Court shall be enforced by Warrant to be issued under the Hand of the Steward and the Seal of the Barmote Courts, and the Defendant shall be allowed to give Evidence of any Special Matter of Defence.
F1Word substituted by virtue of Solicitors Act 1974 (c. 47), s. 89(6)
The Summons shall be served upon the Defendant by the Barmaster Fourteen clear Days at least before the Day appointed for the Trial, by leaving such Summons at the usual or last Place of Abode of such Defendant, and by affixing a Copy thereof on some conspicuous Part of the Mine to which the Question of Title, Trespass, or Debt to be tried has Reference; and upon Proof of the Service of such Summons the Plaintiff shall be at liberty, if the Defendant do not appear, to proceed to Trial, and if the Steward shall think that he is entitled to recover he shall have Judgment: Provided always, that in Cases where there are more Defendants than One, Service on One of such Defendants shall be deemed sufficient.
If the Plaintiff in any Action of Title, Trespass, or Debt shall not proceed to Trial at the Time and Place appointed, the Steward shall cause Judgment as in case of Nonsuit to be entered for the Defendant in such Action.
The Steward may grant new Trials, and set aside Judgments and other Proceedings, and may stay Proceedings, and in so doing he is hereby directed to act as far as may be on the same Principles as are acted upon in similar Cases by the Superior Courts [F1at the Royal Courts of Justice].
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
The Party who has Judgment in his Favour, in whatever Way such Judgment may be obtained, shall by the same Judgment recover his Costs of Suit or Defence, as the Case may be.
It shall be lawful for the [F1High Court] , or for any Judge of any of the Superior Courts [F2at the Royal Courts of Justice] , on the Application of either Plaintiff or Defendant in an Action in the Small Barmote Court, either before or after Trial, on Cause shown by Affidavit to the Satisfaction of such Court or Judge that an impartial or satisfactory Trial cannot be or has not been had in such Barmote Court, or for any other Cause which to such Court or Judge shall seem reasonable, to allow a Certiorari to be issued out of the said [F1High Court] for removing all Proceedings which may have been had in such Action into the said [F1High Court].
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18(2), 224(1)
F2Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
When a Cause is so removed the Pleadings in the Court below shall stand and need not be repeated in the [F1High Court] , and shall be of the same Effect there as in the Court below, and if the Pleadings are not complete in the Court below the same Pleadings shall be adopted and with the like Effect in the [F1High Court] as might have been adopted in the Court below, and the [F1High Court] shall give the same Judgment as it shall to the said Court appear ought to have been given if the Cause had been determined in the Court below, and the [F1High Court] or any Judge of One of the Superior Courts may otherwise deal with the said Causes when removed, and make such Rules and Orders in or relating to the same, as to them or him may seem just; and all Rules or Orders made by any such Judge shall be liable to be enforced, set aside, or varied by the [F1High Court] in the same Way as Judges Orders may ordinarily be enforced, set aside, or varied; and when Judgment is given in the [F1High Court], a Copy of such Judgment, signed by One of the Masters of the Court, may be lodged with the Steward, and shall thereupon become a Record of the Court below from which the Cause was removed, and shall and may be enforced by the last-mentioned Court in the same Way as if the Judgment had been given by such Court and the Cause had never been removed.
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18(2), 224(1)
High Peak Mining Customs and Mineral Courts Act 1851