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MINING-HISTORY  1998

MINING-HISTORY 1998

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Subject:

Re: Introduction (old legal documents)

From:

C J Williams <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Wed, 2 Dec 1998 20:56:51 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (61 lines)

As Peter Claughton rightly says, mineral leases were drawn up between
the owner of the mineral rights and the operator.  Large numbers of such
leases survive among estate archives in most mineral fields.  For
instance, the Grosvenor estate, which owned extensive mineral property
in north-east Wales, granted leases from the 1690s, and several hundred
of these survive.  See my Handlist of the Grosvenor (Halkyn) MSS (Clwyd
Record Office, 1988).  Unusually, the estate always attached maps to the
leases from the 1720s onwards.  This became standard only in the mid-
nineteenth century, and many of such maps are typical 'solicitor's
maps', ie out-of-date, inaccurate, etc.   The estate also had a
procedure for setting bargains or takenotes of the smaller mines.  I
know very little about mining law, but I know that mining textbooks
start to print model leases in the nineteenth century.  For example, see
the specimen lease and takenote, the latter drawn up by John Taylor, and
the former being one granted in Cornwall, in J A Phillips & J
Darlington, Records of Mining and Metallurgy ... (London, 1857), pp
212-20.  

C J Williams 

In message <[log in to unmask]>, Phillip Norvel
<[log in to unmask]> writes
>       I am a relatively new member to this list.  I enjoy reading the messages
>immensely.  I teach natural resources law in a law school in the states,
>University of Arkansas School of Law (Fayetteville), and my speciality is
>oil and gas law.  Oil and Gas law in the states, unlike in Britain, is
>primarily a matter of private law, with an emphasis on property and
>contract law.  I also have an interest in coal and other hard mining law.  
>
>       I am interested in old mining legal documents, known as "mining leases" 
>in
>the USA in which the mining operator, the party who develops the mine,
>enters into a formal agreement with the landowner, the owner of the fee
>interest to the land wherein the mine is or is to be located.  I would like
>to see how the early lawyers (solicitors) structured the mining
>transaction.  Other legal documents, such as partnership agreements, etc.
>would also be of interest to me.  I am not sure if any such documents exist
>but if they do, I would be interested in copying, or making arrangements to
>see them.  I will be in London sometime during the last week of December.
>I realize that that may not be the most convenient time to examine
>documents due to the holidays.
>
>       I would appreciate it if anyone with knowledge about the existence of 
>such
>documents would email me 
>       
>       I look forward participating in the discussons.  Thank you.  Phillip 
>Norvell
>

________________________________________________

Christopher J Williams, 65 Stancliffe Avenue, 
Marford, Wrexham, Wales LL12 8LN

Tel: 01978 852601
________________________________________________


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