Recital of 9 H.V.st 1.c.10.
and that Doubts had arisen as to the Meaning of the said Act; Commissioners to be appointed for measuring and marking Keels, &c. in Newcastle and other Places.
Whereas by a Statute made in the Parlyament holden at Westminster in the Ninth, yeare of the Raigne
of King Henry the Fifth emituled Keeles that carry Sea Coales at Newcastle shall be measured and
marked It is ordained, and established for Remedy of ( (fn. 1) ) Deceits .therein complained, of That all Keeles that then
were or thereafter I should, be in the Port of Newcastle should be measured by certaine. Commissioners thereto
assigned by the King and marked of what Portage they were before that any carriage should be made by the
same upon paine of Forfeiture to the King of all the said Vessells, called Keeles by which any such Coales shall
be carried before that they be marked in the manner aforesaid. And, whereas diverse doubts have risen
concerning the intent; and meaning, of the said Act and whether Sunderland and other the Members of the
Port of Newcastle were comprised within the said. Act and that diverse new Frauds Deceits and Abuses have
of late arisen and are dayly practised in the carriage of Coales by Keeles and other Boates to the diminution
of His Majestyes Customs and the damage and prejudice of the Sellers and Buyers of Coales For Remedy
thereof Bee it enacted by the Kings most Excellent Majestie by and-with the Advice and Consent of the Lords
Spirituall and Temporall and Commons in this present Parlyament assembled and by the Authorise of the same
That Commissioners shall from time to time be appointed by His Majestie His Heires and. Successors for the
measureing and marking all and every the Keels and other Boates and Carts and Waines used or in any time
hereafter to be used for the carriage of Coales in the Port of Newcastle upon Tyne Sunderland upon the River
Ware Callerc oats Seaton Sluce Blythe Nooke and all and every other the Members Havens Greeks and Places
whatsoever to the said Port of Newcastle belonging or in any wise appertaining by the Bowle Tub of Newcastle
containing Two and twenty Gallons and a Potle Winchester measure and being Seaven and twenty inches Diameter
upon the top from outside to outside and noe more and allowing One and twenty Bowls of Coales to be measured
by such Bowle-Tub by heape measure to each Chalder and noe, more.
II. Contents of Wains; Carts, and Chalders.
What Coals, and how to be made use of in such Admeasurement; Keels, &c. being measured, to be marked of what Portage; how and in what Parts to be marked.; Times during which Keels, &c. not to be measured or marked.
Provided alwayes That the Content of each Wayne shall be seaven Bowls and the Content of each Cart
three Bowles and One Bushell heaped measure and that three such Waynes or six such Garts shall be reckened
and allowed for a Chalder and noe more and noe Coales to be made use of in such Admeasurement other then
what shall be good and Merchantable and new wrought and led to the Steath or Wharfe within three monthes
before such Admeasurement, and one Moyety thereof to be dry and, the other Moyety thereof being made wett
as hath beene auntiently accustomed to be done and .practised and that all Keels and other Boats soe, admeasured
shall be marked by the said Commissioners of what Portage, they are or by such person or persons as shall
be by them or any three of them thereunto, authorized and appointed, either by Nails upon Bulke heads or
partitions to be affixed to the fore and after Beanie of every such Keele or Boate or by Nails to be driven
into the Stemm, or Sterne Post of every such Keele or Boate or by such other way or manner as to the said
Commissioners or any three or more of them in their discretions, shall seeme most meete and convenient to
direct and appoint for prevention of the evills aforesaid nor shall any Keele or Boate be admeasured or marked
but betweene the Five and twentyeth day of March and the Nine and twentyeth day of September in any yeare
III. Keels, &c. carrying Coals before being marked, forfeited together with the Coals.
And it is hereby further enacted by the Authority aforesaid That every Keele or Other Boate or Wayne or
Cart which from and after the First day of August which shall be in the yeare of our Lord One thousand
six hundred seaventy and nine shall carry any Coales in any of the places beforesaid before they shall be
measured and marked as aforesaid by three or more of the said. Commissioners shall be and are hereby declared
to be forfeited together with the Coals that shall be found laden upon them One Moyety of all which forementioned
Forfeitures shall be to the Kings Majestie His Heires and Successors and the other Moyety to him or them that
shall seize and sue for the same in any of His Majestyes Courts of Record at Westminster by Bill Plaint or
other Information wherein noe Essoigne Protection or Wager of Law shall be allowed, Any Law Statute or Usage
to the contrary notwithstanding.
IV. Mayor of Newcastle to administer Oath to Persons employed in measuring Keels, &c. in the River Tyne.
Commissioners may administer Oaths to all other Measurers.
And it is hereby further enacted by the authority aforesaid That the Maior of the Towne of Newcastle for the
time being is hereby authorized and required to administer [any (fn. 2) ] Oath to-every person or persons imployed and
appointed by the said Commissioners or any three or more of them for the admeasureing or marking of Boates
and Keeles in the River of Tyne for true and faithfull execution and discharge of their respective Trusts and that
the Commissioners to be at any time appointed for the measureing Boats and Keels or any three of them shall
and may administer the like Oath to every person or persons by them imployed-and appointed for the measureing
or marking of Boats and Keels or Waines or Carts in all places within the limitts of this Act for the' true and
faitfull Execution and Discharge of their respective Trusts,
V. Removing or altering Marks;
Penalty £10. Distress or Imprisonment.
And it is hereby further enacted by the authority aforesaid That in case after the ad measureing or marking of
any Boate or Keele or Cart or Wayne the Marks shall be removed or altered that every person or persons who
had a hand in the doeing thereof shall upon proofe thereof by one or more credible Wittnesses before any Justice
of the Peace forfeite the summe of Ten pounds to be levyed upon his Goods and Chattells by distresse and
sale thereof by Warrant of such Justice of the Peace (rendering the Overplus) and for failer of such distresse to
be ecommitted to the common Goale [there (fn. 3) ] toremaine for the space of three Moneths without Baile or Maineprize.