William IV. c. 22, only applies to rents reserved on leases made after the 16th day of June, 1834, when the Act received the royal assent, and to rent-charges, &c. derived under any instrument executed after the same period, or, if created by devise, upon the testator's decease after the passing of the Act.

The first section(b) of the Irish Act applies only to tenancies, whether created by parol or by writing, depending on and terminating with an estate in the lessor for his own life and the second section applies to rents reserved on leases pur auter vie, determining by the death of the cestuique vie during a current gale, whilst the first(c) section of the new Statute embraces every demise made by a lessor whose estate depends either on his own life, or on the life of another, and whether such demise is in writing or by parol.

The second section of the recent Statute(d) relates only to continuing leases(e), where the rent issuing out of the demised premises is limited to a person for his own life, or for the life of another, or during any other limited period, with remainder over; and also to rent-charges or other periodical payments, limited in like manner; or, to use the expressive language of Mr. Hayes, to determinable interests in continuing subjects. If a person seised in fee grant a lease for thirty-one years, at a rent payable half-yearly, and afterwards limit the rent and reversion to J. S. for his life, with remainder over, or if tenant for life grant a valid lease under his leasing power: in either case, upon the death of the tenant for life during a current half-year, the reserved rent will be apportionable between the representatives of the tenant for life, and the remainder-man.

So, if lands subject to leases in writing for thirty-one years, or any other term, are limited to a person for the life of another, or for any definite period, with remainder over, the rent becomes apportionable on the death of cestuique vie, or the expiration of such period during a current half-year. This section does not comprise rentcharges, &c. ceasing with the life of the owner, or of a third person, as it only provides(f) for the recovery of an apportioned part, when the entire gale of the rent-charge shall become payable.

The personal representatives of the tenant for life of a rent-service

(b) 23 & 34 Geo. III. c. 46, ss. 1 and 2, Irish.

(e) 4 & 5 Will. IV. c. 22, s. 1, English.

(d) 4 & 5 Will. IV. c. 22, s. 2, English and Irish.

(e) Oldershaw v. Holt, 4 P. & Dav.

307-313; 12 Ad. & Ell. 590-596, S. C.; 1 Hayes on Conveyancing, 336; but see the article in the 16th volume of the Law Magazine, p. 92.

(f) 9 Jarman's Conv. 578; Oldershaw v. Holt, 4 P. & Dav. 307-313, by Coleridge, J.; 12 Ad. & Ell. 590.

or rent-charge, &c., entitled to apportionment under the second section of the Act, have no remedy by action or by distress for their proportion of the current gale against the tenant of the demised premises: the entire gale is to be received and recovered by the remainder-man, who is made answerable to the representatives of the tenant for life for their proportion.

Rents payable under parol demises, or under implied contracts, are altogether excluded from the operation of this section of the Act, as the payments made apportionable must be reserved or granted by some written instrument(g).

This Statute does not extend to the apportionment of rent between the real and personal representatives of a deceased owner; and, therefore, where a person seised in fee or for lives grants a lease for years, reserving rent by half-yearly payments, and dies in the interval between two rent-days, the entire half-year's rent becoming payable on the gale day next ensuing his decease goes to the heir or devisee(h) of the lessor, and his executors are not entitled to any apportionment, because the lessor's reversion continues, and is not determined by his death, but is transferred to his real representatives.

If a tenant holding under a parol contract at a rent payable halfyearly, become bankrupt during a current half-year, and deliver possession of the premises to his landlord(i), pursuant to the provisions of the Bankrupt Act, he is not liable for his use and occupation of the premises during the portion of the half year which elapsed prior to issuing the fiat in bankruptcy.

This Statute does not apply to a person(j) who has chosen to come in and determine his right to receive rent, by entry for a forfeiture during a current gale, and though actual possession was not recovered until after the rent-day, yet the determination of the tenant's interest has relation to the day of the demise in the ejectment, because the tenant may be treated as a wrong-doer from that day.

It has been ruled by the Exchequer(k), that a tenant holding lands under the Court, for a term of seven years pending the cause, at an annual rent payable half-yearly, who has been deprived of possession by the purchaser under the decree in the cause, in the interval between

(g) In re Markby, 4 Mylne & Cr. 484; Michell v. Michell, 4 Beav. 549; and see 16 Law Magazine, 93; 1 Hayes

Conv. 335.

(h) 1 Hayes on Conveyancing, 336. (i) Slack v. Sharpe, 8 Ad. & Ell. 366; 3 Nev. & P. 390, S. C.

(j) Oldershaw v. Holt, 4 P. & Dav. 307; 12 Ad. & Ell. 596, S. C.

(k) Jameson v. Farrer, 3 Irish Eq. Rep. 513; Jackson v. Jackson, 5 Irish Eq. Rep. 591; but see Creed v. Creed, 3 Irish Eq. Rep. 207.

two rent-days, is bound to pay a proportionable rent for the time during which he occupied the premises, from the rent-day next preceding his dispossession and it was also held that such tenant was not liable to rent for the broken gale, at the same rate as if he had continued in possession for the entire gale, for his occupation might be less beneficial during the broken period, and the amount was to be ascertained by reference to the Master.

Rent reserved on a demise determinable on a collateral event of this nature is not apportionable under the Statute, and unless the tenant's lease expressly provide for payment of a proportionable part of the rent on such an event, it is difficult to discover any ground for equitable interference.

CHAPTER X.

NATURE AND EXTENT OF LEASEHOLD INTERESTS
MINES AND MINERALS.

1. Distinction between Mines and Quarries.

2. Separate Estates of Inheritance may exist at the same Time in the Surface and in Minerals.

3. Royal Mines.

4. License to work Mines.

5. Nature of Rents issuing out of Mines.

6. Effect of the Exception of Mines out
of a Lease of Lands.

7. Leases of Lands and Mines.
8. Non user of Mines.

9. Leasing Power given by Statute.

1. MINERALS, while they continue(a) beneath the surface of the soil without being worked, constitute an integral portion of the inheritance in the land, but when severed from the freehold become personal property. Minerals may be extracted by quarrying or by mining. A quarry consists of an excavation by removing the surface of the ground, so as to admit of being worked without the aid of artificial light: a mine is worked by shafts and tunnels, without removing the surface. Whether an excavation, made for the purpose of obtaining a mineral, constitutes a quarry(b) or a mine, does not depend on the nature of the substance which is procured, but upon the mode by which it is procured. Limestone(c), freestone(d), glass-house clay (e), or slate, may be raised by mining, and coals, or metalliferous produce lying near the surface, may be obtained by quarrying.

2. Distinct estates of inheritance(ƒ) may exist at the same time in the surface of land, and in mines or minerals below the surface; it is, however, a legal presumption, that all mines, except such as are deemed royal mines, belong to the owner of the soil in fee simple; but a right to mines, either opened or unopened, may be(g) established by a party, independently of any estate in the surface of the land; and the possession of an open mine may be recovered (h) in ejectment by a person who has no title to the surface.

3. Mines of gold and silver are the exclusive property of the

(a) See Bainbridge on the Law of Mines and Minerals; 4 Jarm. Conv. 663. (b) The King v. Inhabitants of Sedgley, 2 B. & Ad. 65.

(c) Ibid.

(d) The King v. Dunsford, 2 Ad. & Ellis, 568; 4 Nev. & Mann. 355, S. C.

(e) The King v. Brettell, 3 B. & Adol. 424.

(f) Ld. Huntington v. Ld. Mountjoy, 4 Leon. 147; 1 Ander. 307, case 317; Godb. 17.

(g) Barnes v. Mawson, 1 M. & Selw. 77; Rich dem. Ld. Cullen v. Johnson, 2 Stra. 1142; Bull. N. P. 102.

(h) Comyn v. Kyneto, Cro. Jac. 150; Noy, 121; Doe dem. Ld. Falmouth . Alderson, 1 Mee. & W. 211.

Crown, though found in the land of subjects; and formerly, if gold or silver were discovered in combination(i) with the ore of the baser metals, the whole produce of the mine was considered liable to the royal prerogative.

By the Irish Statute(j), 4 Anne, c. 12, it is enacted, that owners of mines shall enjoy them, though claimed to be royal mines, giving the King a right of pre-emption to the ore, when made clean and merchantable, at the rate of sixteen pounds for every ton of copper, forty shillings for tin, forty shillings for iron, and nine pounds for lead. Silver being seldom found in the United Kingdom, combined with any other metal than lead, by an English(k) Statute, 55 Geo. III. c. 134, the right of pre-emption which the Crown was entitled to in lead ore containing silver, was increased to £25 for every ton of the ore. Since the passing of the preceding Statute, the price of lead-ore by the ton has never amounted to £15, and the royal prerogative of pre-emption has never been resorted to in Ireland.

In the year 1796, a quartzose and ferruginous sand was discovered on the estate of the Earl of Carysfort, in a mountainous district about seven miles distant from the town of Arklow, in Ireland, containing many particles of pure gold, with some solid pieces of the same metal, one of which weighed twenty-two ounces. In the month of October, 1796, the Government took possession of this district, and after a considerable outlay, the works were relinquished, as no auriferous stratum was discovered, and the mineral found was insufficient to defray the necessary expenses.

4. Mines are usually worked either by license or by lease. A license to work mines is only an incorporeal privilege, or hereditament, and does not confer any estate in the land, or in the mine, and gives nothing more than a right to the minerals, when severed from the soil, as a personal chattel. Licenses of this description are often granted to enable undertakers to search for minerals, with a view of ascertaining whether the mine could be worked with advantage.

Where full liberty was granted by indenture for a term of twentyone years, to dig, work, mine, and search for metals and minerals, within certain limits, and to dispose of the ores, metals, and minerals that should, within the term, be found there, with further powers for the more effectual exercise of the liberty thereby granted, it was decided(?),

The Queen v. The Earl of Northumberland, Plowden, 310.

(j) 4 Anne, c. 12, Irish; 5 Will. & Mary, c. 6, English.

(k) 55 Geo. III. c. 134, English. There is no corresponding Irish Act.

(1) Doe dem. Hanley v. Wood, 2 B. & Ald. 724; Norway v. Rowe, 19 Vesey,