Legal Definitions - gainage

The term "gale" is a historical legal concept with several related meanings, primarily concerning periodic payments and rights associated with mining.

• Periodic Payment of Rent: Historically, "gale" could refer to a regular, fixed payment of rent for land or property.
  • Example: In 16th-century England, a tenant farmer named John leased a plot of land from the local manor lord. The agreement stipulated that John would pay a certain amount of silver to the lord every Michaelmas (a traditional quarter day).

    Explanation: This regular, scheduled payment made by John to the manor lord for the use of the land was historically known as a "gale."

• Mining Rights and Payments: In the context of mining, "gale" had more specific meanings:
  1. Rent Paid by a Free Miner: A payment made by an individual miner for the right to extract minerals from a specific plot of land.
  2. A License to Mine: The actual legal authorization or grant that permitted a miner to work a particular plot of land. This license could often be transferred or inherited.
  3. The Land So Licensed: The specific parcel of land itself that was subject to such a mining license.
  • Example 1 (License and Rent): In the early 18th century, a prospector named Eleanor applied to the Crown for the right to mine for copper in a specific area of Cornwall. She was granted a formal document outlining her exclusive permission to extract minerals from a defined section of the moor, in exchange for a quarterly payment to the Crown.

    Explanation: The formal permission granted to Eleanor to mine the land was referred to as a "gale" (the license). The regular payment she made for this privilege was also known as a "gale" (the rent paid by the miner).

  • Example 2 (The Land Itself): Decades later, the mining rights originally granted to Eleanor were passed down through her family. The specific valley where they continued to operate their copper mine, known for its rich deposits, became commonly referred to by the local community as "Eleanor's Gale."

    Explanation: In this instance, "gale" refers to the actual plot of land that was subject to the mining license and where the mining activities took place.