'Mine' and 'Quarry' in the Laws of England.
These words are not definitive terms, but, according to case law, the words
can be limited or expanded according to the purpose for which they are
used. In the late nineteenth century, 'mine' primarily meant an underground
excavation for the purpose of getting minerals, but in certain instances
the word has been given differing meanings. Further cases showed that the
word could be interpreted to include a place where a certain type of
mineral was commonly worked underground and was worked at a particular
place on the surface (e.g. opencast coal mine and ironstone mine). The word
'mine' can also have a wider meaning which is influenced by the document
with which it is concerned. In some instances the terms 'vein' and 'mine'
are synonymous (either open or closed). It has been held that the word
'mine' may include the space which is created as the minerals are being
worked and the vacuum which is left after they have been worked out. In the
vernacular, the word is usually taken to include the unworked minerals, the
space created by previous extraction and the associated surface works and
installations. Where the word 'mine' occurs in legislation, it may be
expressly defined for the purposes of that Act or Order.
The word 'quarry' usually implies surface workings of minerals, leaving no
roof overhead. Exceptions to this general definition are illustrated by the
terms slate quarry (in which substantial underground working may take
place) and gold mines (at which the excavations may all be openpit). Thus
the context of the reference is important. As with 'mine' the word 'quarry'
may be given a special definition for the purposes of a particular Act
(e.g. Mines and Quarries Act, 1954).
See also:
Halsbury's Laws of England Vol.31: Mines, Minerals and Quarries. and;
Mc.Swinney on Mines.
For those of you who wish to read more, please read the following cases in
support of the above:
Glasgow Corporation v Fairie (1888)
Midland Railway Co. v Haunchwood Brick and Tile (1882)
South Staffordshire Mines Drainage Commissioners v Grosvenor Colliery Co
Ltd (1961)
Bell v Wilson (1866)
Midland Railway Co et al v Robinson (1889)
Associated Blue-Metal Quarries v Federal Commissioners of Taxation (1956)
(Australian HC)
Sim v Evans (1875)
Rogers(Inspector of Taxes) v Longsdon (1967)
Lord Abinger v Ashton (1873)
Ramsey v Blair (1876)
Batten Pooll v Kennedy (1907)
Astry v Ballard (1677)
Spencer v Scurr (1866)
Van Mining Co v Llandiloes Overseers (1876)
Ivimey v Stocker (1866)
Duke of Hamilton v Graham (1871)
Eardley v Granville (1876)
Bowser v Maclean (1860)
Proud v Bates (1865)
English Clays Lovering Pochin Co Ltd v Plymouth Corporation (1974)
Earl of Jersey v Neath Poor Law Union Guardians (1889)
Jones v Cwmorthen Slate Co (1879)
Scott v Midland Railway Co. (1901)
Scott v Midland Railway Co. (1867)
Thrapston v Huntingdon Railway Co v Robinson (1889)
Elias v Snowdon Slate Quarries Co (1879)
Caledonian Railway Co v Glenboig Union Fireclay Co (1911)
Hext v Gill (1872)
Tucker v Linger (1882)
Ruabon Brick and Terra Cotta Co v Great Western Railway Co (1893)
Earl Cowley v Wellesley (1866)
Re Woodsides Estate (1929)
Bell v Wilson (1866)
Midland Railway Co v Haunchwood Brick and Tile Co (1882)
Ramsey v Blair (1876)
North British Railway Co v Budhill Coal and Sandstone Co (1910)
John M Eyre
Camborne School of Mines
University of Exeter
Trevenson
Pool
Redruth
Cornwall
TR15 3SE
UK
Tel: (44) (0) 1209 - 714866
Fax: (44) (0) 1209 - 716977
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