By this enactment, therefore, all quarries and all mines, of whatever description, which have been opened for seven years, are equally rateable for the relief of the Irish poor. With respect to the re-opening of mines after they have been abandoned, it may be observed, that the bonâ fide abandonment of a mine by one company, and its immediate prosecution by another, can scarcely be held sufficient to constitute an opening within the meaning of the act, so as to require the lapse of a period of seven years, before it is liable to be rated. The clause must be construed with reference to the mine, and not to the persons.

We have seen, that, in England and Wales, a way-leave, or right of way, is not a rateable hereditament in itself, but that it may be indirectly rated by assessing the land over which it is enjoyed for the improved value it has acquired. By the Irish Act, these rights may be directly rated in themselves.

When a mine or quarry is worked under a licence, the question raised, with respect to English coal mines and quarries, in cases where there is no exclusive occupation, will be effectually precluded (k). The adventurers will be equally liable, whether claiming under a licence or an actual demise.

The same principle of valuation is adopted in this Act as in that for regulating parochial assessments in England and Wales. Every rate must be a poundage rate, made upon an estimate of the net annual value, viz., of the rent at which, one year with another, the same might, in their actual state, be reasonably expected to be 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). Similar powers, to enter and examine the property, are given to the commissioners, and other persons

(k) See sect. 1.

() 1 & 2 Vict. c. 56, s. 64.

appointed by the guardians, in order to revise and correct any existing survey or valuation.

PART II.

I. The County Rate.
II. The Highway Rate.
III. The Church Rate.

I. By the statute 55 Geo. III. c. 51, the same property which is rateable to the relief of the poor is liable to the county rate, and the Court of Quarter Sessions is empowered to direct a fair and equal county rate to be made for all the purposes to which the county stock is or may be liable, and to assess every parish and township rateably and equally according to a certain pound rate of the full and fair annual value of the property.

The churchwardens and overseers may be required to make returns of the annual value, without regard to the actual amount assessed on the property, except in places where the property is assessed to the full and fair estimated annual productive value (m). But since the operation of the act for regulating parochial assessments, the basis and mode of valuation will be the same, both as to poor rates and county rates. The Court of Quarter Sessions may also require the production of the parochial assessments (n).

The payment of the rate to the county treasurer is to be made by the overseers of the poor in the same manner as before; and they are empowered to raise the amount by an equal rate or assessment upon all the rateable property, to be paid by the occupier (o). Special provision is made for places where there is no poor's rate, or overseer or churchwarden (p), and for places where the poor rate is not solely and separately applied within their particular limits (q). By the explanatory act of 56 Geo. III. c. 49,

(m) 1 & 2 Vict. c. 56, s. 2. (n) Sect. 9.

(p) Sect. 8.
(g) Sect. 13.

(0) Sect. 12.

extra-parochial places and other places which are not considered to be rateable to the relief of the poor, are to be rated to the county rate.

II. The highway rates are now regulated by the statute of 5 & 6 Will. IV. c. 50. The old statute duty, and the means for obtaining funds by way of composition, are now abolished; and a rate is directed to be made, assessed and levied by the surveyor upon all property now liable to be rated to the relief of the poor. But it is expressly provided that the rate shall also extend to such woods, mines and quarries of stone, or other hereditaments as have heretofore been usually rated to the highways (r). It has been seen that all quarries are rateable to the relief of the poor, and, therefore, in the absence of other grounds of exemption, they need not have been expressly mentioned. But with respect to those mines and other hereditaments which are not liable to be rated for the poor, it will only be requisite to show that they have been usually rated to the highway rate, to make them still liable under the recent statute. The surveyor may inspect the poor-rate books at a reasonable time and place (s); and the rate must be made upon the occupier (t).

It has been held, that the mines "usually rated to the highways" need not be the identical mines which have been rated, but that the clause includes all new mines of the same class and kind as those usually rated in the parish before the passing of the act (u).

III. With respect to church rates, all mines and minerals. appear to be rateable, under the description of land (x).

(r) 1 & 2 Vict. c. 56, s. 27.

(s) Sect. 28.

(t) Sect. 29.

(u) Reg. v. Saunders, 3 Ell. & B.

763; 24 L. J., N. S., M. C., 57. See Reg. v. Rose, 6 Q. B. 153; 13 L. J., N. S., M. C., 155.

(a) See God. Append. 10, 11.

CHAPTER XIII.

THE REMEDIES RELATING TO MINES AND MINERALS.

I. Legal Remedies.

II. Equitable Remedies.

III. Working out of Bounds.

IV. Criminal Offences.

V. Disputes with Workmen and Agents.

SECTION I.

LEGAL REMEDIES.

THE subject of remedies connected with mining property has been already incidentally discussed in various parts of the treatise. Much, therefore, which might otherwise have been found under the present title, has been anticipated. It will be proper, however, to lay before the reader a general view of the subject, which may include the discussion of those remedies which have not yet been particularly mentioned.

It has been seen that a property may be acquired in mines which will be quite independent of the property in the lands in which they are situate. In this condition, the minerals, of whatever character they may be, will of course still form parts of the land itself, and will constitute land in strictly legal acceptation. As such, mines become liable to the administration of all the usual remedies relating to the law of real property, except in those cases which, in consequence of the peculiarity of this species of property, may necessarily demand some modification of those remedies (a). It may be proper again to remind the reader that the

(a) Crocker v. Fothergill, 2 B. & Ald. 652.

word mine is not here used in its strict sense, but as descriptive of the strata or minerals themselves.

An action of trespass may be maintained in respect of any improper interference with the enjoyment of mines in all those cases in which that remedy is generally applicable. The same kind of action is usually resorted to for trying the validity of a title (ƒ).

At common law, an action of waste was maintainable to recover the place wasted, as well as damages for the injury done to the inheritance. This form of action, however, was attended with many difficulties and peculiarities, and gradually fell into disuse. It is now expressly abolished (g). The modern remedies for punishing the commission of waste are an action on the case in the nature of waste, an action of covenant, and an action of assumpsit. The two latter actions are almost confined to cases between landlord and tenant. The action of assumpsit is resorted to when the tenancy is by agreement, not under seal, or in cases of an implied covenant. The action of covenant arises upon express and legal covenants. But an action on the case is most generally applicable in cases of waste, and is maintainable by the reversioner or remainder-man for life or years, against a stranger or tenant, even if the latter be a tenant at will or by sufferance (h). It may be brought against a tenant after the expiration of his term (i).

An action of trespass is also maintainable in cases of waste (k).

The remedies with respect to waste committed by ecclesiastical persons have already been discussed (7).

The lessor of a mine may maintain an action of trespass

(f) Bourne v. Taylor, 10 East, 189; Roberts v. Davey, 4 B. & Ad. 665; Lord Feversham v. Emerson, 24 L. J., N. S., Exch., 254.

(g) 3 & 4 Will. IV. c. 27, s. 36. (h) 2 Wms Saund. 252, n. 7; West v. Treude, Cro. Car. 187; Sir W. Jones, 224.

(i) Kinlyside v. Thornton, W. Bl. Rep. 1111.

(k) West v. Treude, supra.

(1) See Chap. IV. See also Herring v. Dean and Chapter of St. Paul, 3 Swanst. 510, per Sir Thomas Plumer; Bishop of Winchester v. Wolgar, cited ibid. 493.