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Mining Lease - Law Dictionary Search Results

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Notice under the Land Registration Act, 1925 (English)

Notice under the Land Registration Act, 1925 (English). An entry on the register affecting the registered proprietor of the land and persons desiring title under him with notice of the estate claim or other matter comprised in the notice (see s. 48 of the Act). Leases exceeding 21 years, annuities or rent-charge, severance of mines or minerals, land charges, deposits of land certificates ae, inter alia, subject-matter of notice on the register. Consult Fortescue-Brickdale and Stewart Wallace on the Land Registration Act, 1925....


Cost-book mining companies

Cost-book mining companies. The statutory regulations relating to these Companies are contained in the Stannaries Acts, 1869 (32 & 33 Vict. c. 19) and 1887 (50 & 51 Vict. c. 43), and the Companies Act, 1929. The Latter Act (s. 357) has preserved the then existing provisions of the earlier Acts. Subject to the statutory provisions, it maybe said that these companies are formed thus:-A number of adventures, who have obtained permission from the landowner to work a lode, assemble; they decide on the number of shares into which their capitalis to be divided, and the number to be allotted to each; they appoint an agent, commonly called a purser, for the purpose of managing the affairs of the mine, and enter in a book, called the cost book, the minutes of their proceedings, which are signed by all present. A license to try for ores, for twelve months, or some short period, is then obtained; followed, if the search be promising, by a set, that is, a lease of the minerals, or a license to ding...


Winning

Winning, a mineral means getting or extracting it from the mine, Bihar Mines Ltd. v. Union of India, AIR 1967 SC 887 (892). [Mines and Minerals (Regulation and Development) Act, 1957, s. 3(d)]According to the Shorter Oxford Dictionary, 'to win' has the meanings: (i) to get or extract coal or other mineral from the mine, pit or quarry; (ii) to sink shaft or make excavation so as to reach a seam of coal or vein of ore and prepare it for working. The expression 'to win' interpreted in the English cases was in respect of the context of the expression used in certain leases. The expression 'winning' in a constitutional provision like Art. 31A(1)(e) should be given a wider meaning as the Constitution-makers would be using it to cover cases which deal with the obtaining of minerals and in that case wider meaning would be 'to get or extract the mineral from the mine', the expression 'winning' in Article 31A(1)(e) be construed to mean getting or extracting mineral from the mines and other incid...


Fire

Fire. No action for damages lies against any person in whose house, etc., a fire shall accidentally begin: Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which s. and s. 83 are the only unrepealed sections of the Act.To discharge or dismiss a person from employment; to terminate as employee. Black's Law Dictionary, 7th Edn.Fire Engines.--The maintenance of fire engines in urban sanitary districts is provided for by the Public Health Act, 1875, s. 171, which incorporates ss. 30-33 of the (English) Town Police Clauses Act, 1847, in the (English) Metropolis by the Fire Brigade Act, 1865, and in parishes by the (English) Parish Fire Engines Act, 1898 (61 & 62 Vict. c. 38), and the Acts therein recited.By s. 90 of the (English) Public Health Amendment Act, 1907, local authorities can agree for the common use of fire engines and appliances; ss. 87-89 of the same Act give the police certain powers of breaking into premises and regulating traffic upon the out break of a fir...


Copyhold

Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...


Remainder

Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...


Support

Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...


Comfort letter

Comfort letter, is a letter written usually by a parent company or a government to the lender giving comfort to the lender about a loan made to a subsidiary or a public entity, Chemco Leasing SpA v. Rediffusion Ltd., (19 July, 1985, unreported), [QBD (affd (1987) FTLR 021, CA.Comfort letter, may be an indication that the parties did not intend the document to hare contractual effect, as may be the absence from the document of any express words of warranty or of promise, Kleinwort Benson Ltd. v. Malaysia Mining Corpn. Bhd, (1989) 1 All ER 785....


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