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Old 09-08-2012, 04:01 PM
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Default Radcliffe and the Law

The following clipping dated March 24 1849 - From I think the Colliery Guardian:


RADCLIFFE COLLIERY STRIKE.---The Police of Alnwick, accompanied by Noble the local policeman, proceeded last week to Radcliffe Colliery Pithouses, to put in force a dozen warrants for the arrest of the refractory pitmen who have struck work. They captured two, and would have taken Henry Rogers also, but, he took refuge up in the attic where he defended himself with a loaded gun and a large stick, which he threatened to use against the first person who attempted to take him. One of the owners suggested the propriety of smoking him out, but this was not done, as it was thought the ends of justice might be answered and the men convinced of their error by the example of the two already taken. On Monday last, these men, Ronald Thompson and Henry Redhead, were brought before the Justices at Alnwick, and their case fully gone into ; the Justices found them guilty, but at the entreaty of Mr. Busby, who seemed to plead the cause of the men as much as the owners, they were to be set at liberty provided they would promise to return to their work. After a night's confinement they have the required promise, but, it is needless to say they never kept it. Warrants are still out for the other men, and a general clearance from the cottages will be made next week.
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Old 09-08-2012, 04:13 PM
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June 22nd 1849:


On Wednesday the 20th inst., ...., another inquest was held at the house of Mr. Henry Muers, at Radcliffe Terrace, near Amble, on the body of Henry Hetherington, aged 30 years, a pitman, who while at work in the colliery that morning, about 6 o'clock, a piece of coal, about 2 tons weight, fell from the roof of the pit and crushed him to death. Verdict--" Accidental Death." The deceased belonged to Warkworth, and has left a widow and child.
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Old 09-08-2012, 04:16 PM
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September 8th 1849


....another inquest was held by the same coroner at the house of Mr. Henry Muers, innkeeper, at Radcliffe Terrace, near Amble, on the body of George Bolton, pitman, aged thirty years. The deceased, on the preceding day, was working at Radcliffe Colliery, when a piece of coal about five tons in weight fell upon him and crushed him to death; the deceased's brother was working near to him at the time, hut sustained no injury Verdict—" Accidental death."
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Old 09-08-2012, 04:21 PM
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April 21 1849

The pitmen at Radcliffe Colliery have resumed their work, with the exception of the ringleaders, who will not be employed on any account. No concession has been made to induce them to return to their duty, as the prices paid, and arrangements made between man and master, are considered fair and liberal.


"Man and Master"
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Old 09-08-2012, 04:45 PM
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Back in time to the beginning
February 17 1838:


The owners of Radcliffe Colliery have succeeded in boring to a Seam of Coal between four and five feet in thickness, of excellent quality, about fifty-seven fathoms from the surface. The borings have been tried in the fire, and have produced an excellent hard black cinder. The improvements of the harbour, it is understood, will now proceed rapidly, and it expected that the Coquet will ere long, be not only a port for shipping coals, but also a refuge for vessels in time of danger.
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Old 09-08-2012, 04:55 PM
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Some notable disputes began about this time between landowners and mineral rights owners regarding access to coal.

January 25 1840





DAND v. KINGSCOTE

This cause was heard in the Exchequer court, on Wednesday, being an action for trespass, breaking and entering two closes of the plaintiff, called “Clark’s South Moor” and “Cuddy’s”, sinking pits, &c. therein.
The defendant pleaded a custom in the manor of Amble, in Northumberland, for the lord to enter upon the lands of other persons for the purpose of procuring coal; and set forth a title in the late Earl of Newburgh, and justification under the present Countess.
Various other justifications were set forth on the pleadings, which extended to nearly 30 " brief" sheets. The arguments on the various points raised, occupied the Court for many hours and ultimately their Lordships took time to consider their judgment.




DAND v. KINGSCOTE.

The Court of Exchequer, on the 30th ult. delivered its judgment in this case, which we reported a short time ago. It is very elaborate and contains there folio sides, but the gist may be shewn from the following correct extract from it. This reservation is to be construed according to the rule laid down in Shephard’s Touchstone, 100. In the same way that a grant by the owner of the soil of the like liberties, for what will pass by words in a grant will be expected by like words on an exception. Now the reservation is of the right to dig pit or pits (which pits are mentioned in the compensation clause, to be such as may thereafter happen to be sunk), and of sufficient wayleave and stayleave connected with those pits. There is no doubt that the object of the reservation is to get the coals beneficially to the owner of them, and, therefore, it should seem that there passes by it a right to such a description of wayleave, and in such direction as will be reasonably sufficient to enable the coal owner to get from time to time all the seams of coal to a reasonable profit, and therefore, the owner is not confined to such description of way as is in use at the time of the grant, and in such a direction as is then convenient." According to the same rule in Sheapard’s Touchstone, 100. “The coal owner had, as incident to the liberty to dig pits, the right to fix such machinery as would be necessary to drain the mines and draw the coals from the pit. The case finds the steam engine which was erected was necessary for the winning and working the lower seams, which are the principal seams in the coal field, and therefore, the Defendant had a right to erect it.” There are other points in the decision which relate to the boundaries of the township which affect the parties themselves, but the above is what more materially concerns the public and our mineral subscribers.
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