William and Mary, 1694: An Act for the better Admeasurement of Keels and Keel-Boats in the Port, of Newcastle & the Members thereunto belonging. [Chapter X. Rot. Parl. pt. 4. nu. 4.]

Recital of 9 H.V. Stat. 1. c. 10. and 30 Car.II: Stat. 1.c. 8. §2. and that new Frauds had arisen.; Commissioners to be appointed from time to time for marking Keels, &c; Admeasurement how and where to be made; Weight and Contents of Wains and Carts of Coals regulated.

Whereas by two several Statutes heretofore made the one in the Ninth yeare of the Reigne of King Henry the Fifth intituled Keels that carry Coals att New-castle shall bee measured and marked And the other in the Thirtieth yeare of our late Sovereign Lord King Charles the Second intituled An Act for the Admeasurement of Keels and Boats carrying Coals For the remedy of deceits therein complained off. (amongst other things) itt was thereby enacted that Commissioners should from time to time bee appointed by his said late Majestie his Heires and Successors for the admeasuring and marking all and every the Keels and other Boats and Wains and Carts used or in any time thereafter to bee used for the carriage of Coals in the Port of New-castle upon Tyne Sunderland upon the River Weare Culler-Coates Seaton-Sluce Blyth-Nooke and all and every of the Members Havens Creeks and Places whatsoever to the said Port of New-castle belonging upon the Forfeiture that every Keel Boat Wain or Cart which should thereafter carry Coals in any of the aforesaid Places before they shall bee admeasured and marked as aforesaid should bee forfeited together with the Coals laden upon them Notwithstanding which diverse new frauds deceits and abuses have of late arisen and are dayly practised to the diminution of his Majesties Customes and the great prejudice & damage of the buyers and sellers of Coals. For remedy whereof Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same That Commissioners shall from time to time bee appointed by his Majestie his Heires & Successors for the admeasuring and marking all and every the Keels Pan-Keels and Pan-Boats and other Boats and Wains and Carts used or in any time hereafter to bee used for the Carriage of Coals in the Port of New-castle upon Tyne Sunderland upon the River Weare Culler-Coats Seaton-Sluce Blyth-Nooke and all other Places within the Counties of Northumberland and Durham and all and every the Members Havens Rivers Creeks and Places whatsoever to the said Port of New-castle and Counties aforesaid belonging Which said admeasurement shall bee by a dead weight of Lead or Iron or otherwise as shall seem meet to the said Commissioners or any Three of them allowing Three and fifty hundred weight to every Chaldron of Coals Which said Keels Boats Waines or Carts shall bee admeasured and marked att the times and places and in manner hereafter mentioned Any thing in the said former Acts to the contrary notwithstanding. Provided always That the Weight or Contents of Coals loden or carried by every such Wain shall bee off the weight or content of Seventeen hundred weight and an halfe and the weight or contents of Coals loden or carried by every such Cart shall bee of the weight or content of Eight hundred and three quarters And that Three such Waines or Six such Carts shall bee reckoned and allowed for one Chaldron and noe more And that noe other [Carts or Wains (fn. 1) ] are hereby intended to bee admeasured or marked but onely such Wains or Carts as now are or hereafter shall bee imployed in carrying Coals to the Staiths to bee directly putt from the Staiths into the Ships and noe others.

II. Commissioners to give Three Days' notice of time and place of Admeasurement.

Keels, &c. to be marked and nailed; Wains and Carts to be marked and nailed; Persons thereto appointed to take an Oath; Owners neglecting, &c; Penalty; Regulation as to Time and Place of such admeasuring, marking, and nailing.

And be it further enacted by the authority aforesaid That the said Commissioners or any three or more of them shall cause all and every of the said Keels Boats Wains and Carts to bee admeasured accordingly and shall give three days notice of the time and place of such admeasurement to the Owner or Owners thereof and cause the said Keels and Boats soe admeasured to bee marked and nailed on each side the stem and sterne and midshipp thereof or otherwise as they the said Commissioners or any Three of them in their discretion shall direct and the said Wains and Carts to bee marked and nailed on the head and sides of the said Waines Carts or otherwise as the said Commissioners or any Three of them shall direct or by such persons as [they (fn. 2) ] shall bee by them thereunto appointed which persons soe appointed shall take an oath before the said Commissioners or any Three of them for the true and impartial performance and discharging the same which oath the said Commissioners are hereby impowered to administer and if the owner or owners of such Keels or Boats Wains or Carts shall after such notice neglect or refuse to have their said Keels Boats Wains or Carts soe admeasured they and every of them shall incurr the penalty hereafter mentioned. Provided that noe such Keel or Boat bee admeasured marked or nailed but between the Five and twentieth day of March and the Nine and twentieth day of September in any yeare nor shall bee admeasured marked or nailed to carry more then ten such chaldrons of Coals att any one time and that all such Keels and Boats belonging to the Port of New-castle shall bee admeasured marked and nailed at the New Key of the said Port and that the Keels and Boats belonging to the River Wear shall bee admeasured marked and nailed att Lambton Staiths upon the said River and not elsewhere and that all the Keels and Boates belonging to Culler-coates Seaton-sluce Blyth-nooke and all other places within the said Counties of Northumberland and Durham as alsoe all Wains and Carts to bee admeasured and marked by virtue of this Act shall bee admeasured and marked att such times and places as the said Commissioners or any Three of them shall direct.

III. Keels, Wains, &c. carrying Coals before they are marked and nailed, unless by Default of Commissioners, forfeited together with the Coals therein.

And bee it further enacted by the authority aforesaid That every Keel Boat Wain or Cart which from and after the Foure and twentieth day of July which shall bee in the yeare of our Lord God One thousand six hundred ninety and five shall carry any Coals in any of the Places aforesaid before they shall bee admeasured marked and nailed as aforesaid by Three Commissioners or more of them shall bee and are hereby declared to bee forfeited together with the Coals that shall bee laden upon them (unlesse the same shall happen by default of the said Commissioners) one moiety of all which forementioned forfeitures shall bee to the Kings Majestie his heires and successors the other moiety to him or them that shall discover or sue for the same in any of his Majesties Courts of Record by Bill Plaint or Information wherein noe Essoign Protection ( (fn. 3) ) or Wager of Law shall bee allowed any Statute Law or Usage to the contrary notwithstanding.

IV. The Marks on Keels, Wains, &c. removed or altered;

Penalty £10. Distress; If no sufficient Distress, Imprisonment in County Gaol for Three Months. How Penalty applied; Such Keels, Wains, &c. remeasured. marked, and nailed.

And bee it further enacted by the authority aforesaid That in case after the [admeasurement (fn. 4) ] marking and nailing of any Keel Boat Wain or Cart the mark shall bee removed or altered whereby to frustrate the intent and meaning of this Act that every person and persons that shall have a hand in or bee privy to the doeing thereof and shall upon proof thereof by one or more credible witnesses before any one or more Justice or Justices of the Peace of the Counties where the said offence shall happen to bee com[m]itted & convicted thereof such person or persons soe as aforesaid convicted shall forfeit the su[m]m of Ten pounds to bee levied upon his or their Goods and Chattels by distress and sale thereof by warrant under the hand and seale of the said Justice or Justices rendring the overplus (if any) to the partie or parties distrained upon and for want of sufficient distresse the parties soe offending shall by like warrant bee committed to the common Gaol of the said County where the offence shall bee committed there to remaine for the space of Three months without bail or mainprize one halfe part of the said forfeiture to his Majestie his heires and successors and the other halfe part thereof to such person or persons as shall make such discovery and alsoe that after any such offence as aforesaid committed by altering or removing any of the marks or nails that shall bee sett upon any such Keels Boats Wains or Carts by virtue of this Act that from thenceforth and soe. often as any such offence shall bee comitted as aforesaid the said Co[m]missioners or any Three of them or such person or persons as shall bee by them appointed shall have authority and are hereby authorized and impowered to admeasure mark and nail the said Keels Boats Wains and Carts anew according to the directions hereby before given.