Duchy of Cornwall (No. 2) Act 1844

LV Right of the Duke of Cornwall and his Lessees to enter and work Mines, Minerals, Stone, and Substrata, making Compensation for Damage to the Surface, and for Use of Stone and Water. U.K.

It shall be lawful for the Duke of Cornwall, his Agents and Workmen, and his Lessees and their Agents and Workmen, and all Persons whom the Duke of Cornwall shall in that Behalf authorize, and their Agents and Workmen, to enter into and upon all Lands or Tenements of any Tenure situate or being within or held of any of the said Manors mentioned in the said First and Second Schedules hereunto annexed, all or any the Mines, Minerals, Stone, or Substrata in, upon, under, or of which do or shall belong to the Duke of Cornwall as herein-before is declared and provided, and to search, dig for, open, and work the same Mines, and get, carry away, and dispose of the same Minerals, Stone, or Substrata, and to erect all such Buildings, Steam and other Engines, and Machinery and Things, and sink and make all such Pits, Shafts, Levels, Adits, Air-holes, Tram and other Roads, and other Works, and to take from the said Lands and Tenements sufficient Stone, Lime, and Slate for such Buildings and other Works, and take and use and divert all such Water, and take and use all such Room for Ore and Rubbish and other Things, and do all such other Acts and Things upon, under, in, and about the aforesaid Lands and Tenements, as shall be necessary or convenient for working the same Mines, and getting, washing, dressing, rendering merchantable, carrying away, and disposing of the same Minerals, Stone, or Substrata, he the said Duke of Cornwall, or his Lessees, or the Persons authorized by him as aforesaid (as the Case may be), making to the Persons entitled to the Surface of such Lands or Tenements, or to such Water, adequate Compensation for the Damage which shall have been done or occasioned by the Exercise of the Rights, Privileges, and Easements aforesaid, and making to the Persons entitled to the same adequate Compensation for the Materials so taken as aforesaid: Provided nevertheless, that no Person shall be entitled to claim any Compensation for Damage to be done by the Exercise of any of the Rights, Privileges, or Easements aforesaid, unless such Claim be made in Writing before the Expiration of Six Calendar Months after such Damage shall have been done, or where the Entry or other Act by which such Damage shall be done shall be of a continuing Nature, then before the Expiration of Six Calendar Months from the Time when such Entry or other Act shall determine or cease: Provided also, that a Notice in Writing, claiming Compensation as aforesaid, given by or on behalf of the Person entitled to receive the same, to the Duke of Cornwall, or other Person by whom such Damage shall be done, or to any Agent or Workman who shall be employed by the Duke of Cornwall, or such other Person, in the Entry or other Act by which such Damage shall be done, shall be a sufficient Claim for the Purposes of this Act.