Cornwall Submarine Mines Act 1858
| Jurisdiction | UK Non-devolved |
| Citation | 1858 c. 109 |
| Year | 1858 |
(21 & 22 Vict.) C A P. CIX.
[2d August 1858]
'WHEREAS by Articles of Agreement made and entered into the First Day ofJuly One thousand eight hundred and fifty-eight, between the Honourable Charles Alexander Gore , a Commissioner of Her Majesty's Woods, Forests, and Land Revenues, on behalf of the Queen's most Excellent Majesty, of the one Part, and His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall of the other Part, under the Privy Seal of His said Royal Highness in right of the Duchy of Cornwall , and the Hand and Seal of the said Charles Alexander Gore , reciting that Questions having arisen as to whether the Mines and Minerals lying under the Seashore between High and Low Water Marks within the County of Cornwall , and under the Estuaries and tidal Rivers within the same County, and under the open Sea below Low-water Mark, adjacent to but not in or Part of the same County, were respectively the Property of Her said Majesty the Queen in right of Her Crown or of His said Royal Highness Albert Edward Prince of Wales in right of His Duchy of Cornwall , Her Majesty's Government and the Council of the Duchy of Cornwall did refer such Questions to the Right Honourable Sir John Patteson , Knight, (late One of the Justices of Her Majesty's Court of Queen's Bench, and a Member of Her Majesty's most Honourable Privy Council,) for his Consideration and Decision, by a Letter of Reference dated the Eighteenth Day of February One thousand eight hundred and fifty-six, signed by Lord Cranworth , Lord High Chancellor of Great Britain , and the Right Honourable Thomas Pemberton Leigh , Chancellor of the Duchy of Cornwall , and set forth in the said Articles of Agreement; and reciting that the said Sir John Patteson , having accepted and entered upon the said Reference, had considered and decided the said Questions as between Her Majesty on the one hand, and His Royal Highness the Prince of Wales and Duke of Cornwall on the other hand, as follows; (that is to say,) first, that the Right to all Mines and Minerals lying under the Seashore between High and Low Water Marks within the said County of Cornwall , and under Estuaries and tidal Rivers and other Places even below Low-water Mark, being in and Part of the said County, is vested in His Royal Highness as Part of the Soil and territorial Possessions of the Duchy of Cornwall ; secondly, that the Right to all Mines and Minerals lying below Low-water Mark under the open Sea, adjacent to but not being Part of the County of Cornwall , is vested in Her Majesty the Queen in right of Her Crown (although such Minerals may or might be won by Workings commenced above Low-water Mark and extended below it); and reciting that it was intended that a Bill should be submitted to Parliament for the Purpose of obtaining the Sanction and Ratification by the Legislature of the said Reference and Award; and reciting that upon the Suggestion and Recommendation of the said Sir John Patteson it had been agreed that Provision should be made by the said Bill for the Purpose of giving to Her Majesty the Queen, and all and every Persons and Person who might for the Time being be entitled under or in right of the Crown to or to the Management of any of the said Mines and Minerals under the open Sea, and Her and their Lessees and Tenants, such Facilities to work, win, and get the same as therein-after mentioned upon the Terms and Conditions therein-after also mentioned, it was by the Agreement now in recital witnessed, agreed, and declared, by and between the said Parties thereto, that a Bill should be forthwith submitted to Parliament for the Ratification and Confirmation of the said Reference to Sir John Patteson and his Award thereon; and it was thereby further agreed and declared, that in the said proposed Bill there should be contained the several Provisions specified in the said Articles of Agreement, and which are intended to be included among the Enactments herein-after contained: And whereas the said Reference did not apply or extend to the Mines and Minerals in or under Estates belonging to Her said Majesty in right of Her Crown in the County ofCornwall situate above High-water Mark, or to Mines and Minerals in or under Land below High-water Mark, which is Part and Parcel of any Manor belonging to Her Majesty in right of Her Crown: And whereas the said Reference was not intended to apply to or affect any Claim or Title of any Person claiming any Mines or Minerals adversely, both to Her...
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