GOLD 691 



Wales, or Berwick-upon-Tweod, wherein there is copper, tin, iron, or lead, may enjoy 

 &c. the same, notwithstanding said mines may be pretended, or claimed to be, royal 

 mines. But by the 2nd statute, the Crown, or any other person claiming royal mines 

 under the Crown, has the option of purchasing said ores before removal, other than tin 

 ore, in the counties of Cornwall and Devon, upon payment of a price fixed by the 

 said act, viz. copper 13/.; tin, 2,1. ; iron, 21. ; and lead, 91. per ton. By the 35 Geo. III. 

 c. 134, the right of preemption which is given to the Crown, and those claiming under 

 the Crown, so far as relates to lead, can only be claimed upon payment of 251. per ton 

 instead of 9/. as previously fixed. 



From this it would appear 1. That the right of preemption given to the Crown is 

 limited to copper, iron, and lead, wheresoever found, and to tin to be found in England, 

 other than in Cornwall and Devon, if such ores contain gold or silver. 2. That the 

 rights of the Crown to all mines where gold and silver exist intermixed with any 

 substance whatever other than copper, iron, lead, or tin, remain unaffected by either 

 of the statutes of William and Mary. 3. That the rights of the subject to all 

 mines of copper, lead, and tin, even if gold or silver is found therewith, is confirmed 

 by the said statutes, subject only to the right of preemption just stated. 1 But 5> if 

 any other auriferous ones be discovered, it will be difficult to determine the respective 

 rights of the Crown and the subject to such a mine, unless the ' Great Case of Mines ' 

 should be adopted in favour of the Crown. Under any circumstances there is no 

 provision made for such a discovery. Independently of this, the law is not settled, 

 that pure gold and silver, wherever found, are the absolute property of the Crown. 

 It is, however, not a little remarkable, that the Crown has no right of entry upon 

 private lands to search for its own ; nor has it ever exercised its right of preemption 

 as regards lead ore containing silver. But, since the gold discoveries in Wales in 

 1 854, the practice of the office of Woods and Forests has been nearly as follows, 

 viz. : 



1. Where the gold is found in combination with other metals, the whole of which, 

 with the necessary easements- for working, are vested in the Crown, the Crown deals with 

 the case in the same manner as an ordinary licence to search for minerals ; viz., 30. 

 per annum minimum rent, and one -twelfth royalty on the gold. 



2. Where the gold is found in combination with the minerals specified in the acts 

 of William and Mary, and which are not vested in the Crown ; the Crown proposes to 

 accept a royalty in lieu of the right of preemption. 



3. Where the gold is found in a virgin state, or secreted in rocks, and not in 

 combination with the ores and minerals specified in those acts, or land where the 

 minerals are not vested in the Crown the Crown requires the parties to take a licence 

 on payment of a nominal annual rent, and a royalty upon the gold raised. 



The Clogau (Welsh gold) mines are at present working under a royalty to the Crown. 

 There is no mine working under the second. The Castell Cam Dochan mine, on the 

 property of Sir Watkin W. Wynn, Bart, is not working. It is obvious, as a general 

 rule, that the terms exacted by the Crown are far too burdensome to encourage 

 persons in this kind of adventure. It is thought that if the Crown would consent to 

 impose a small annual rental, and, say, a royalty of five per cent, on the net profits, it 

 would be paid readily, explorations would be made to a larger extent by private 

 individuals, and the Crown would be a gainer from lands, upon which it has no right 

 of entry to realise its own. 



In England, gold has been said on very doubtful evidence to exist in quantities of 

 commercial value in the following counties : viz., Cornwall, Devon, Somerset, Glou- 

 cester, Worcester, Salop, Bedford, Derby, Chester, Lancaster, Westmoreland, Cumber- 

 land, Northumberland, Durham, and York. The tin-streams of Cornwall have yielded 

 a little, and very small quantities of gold have been found in North Devon, especially 

 near North Molton. 



In Scotland, it has been found in the following counties : viz., Sutherland, Aber- 

 deen, Fife, Perth, Stirling, Linlithgow, Lanark, Dumfries, Ayr, Selkirk, and Kirkcud- 

 bright. Lanarkshire is said by Pennant to have yielded 130,000 ounces. 



In Ireland, the gold-bearing countries are Londonderry, Antrim, Wicklow, 2 Wexford, 

 and Kildare. A nugget weighing 22 ounces was found in Wicklow, and said to be the 

 largest ever found in Europe. 3 



In Wales, the known gold-producing counties are Carnarvon, Flint, Cardigan, 

 Caermarthen, Pembroke, and Merioneth. Until recently Cardiganshire, probably, 

 has rendered more service to the State, and profit to the explorers by the production 



1 Rogers . Brenton, 10 Q. B. 49. 



See Smyth, ' On the Mines of Wicklow.' Memoirs, Geol. Survey of Great Britain.' 

 s British Gold, with especial reference to the Gold Mines of Merionethshire.' By B. Hunt, F.R.S. 

 ' Quarterly Journal of Science,' 1866. 



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