Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Sea Coal to be sold by the Chaldron.
Contents of a Chaldron.; Other Coal sold by Weight.; Penalty.; Before whom Complaints may be made.; Penalties how to be levied.; Who shall set the Prices of Coals sold by Retail.
For avoiding the [manifold deceits exactions and abuses used in the Measures and [Seales (fn. 1) ] of Coales, and for preventing the like and the better regulation thereof for the time to come Be 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 Authoritie of the same That from and after the Sixth day of March in the yeare of our Lord One thousand six hundred sixty fower all sorts of Coale commonly called Sea Coales brought into the River of Thames and sold shall be sold by the Chaldron containing Thirty six Bushells heaped up, and according to the Bushell sealed for that purpose at Guildhall in London and soe for a greater or lesser quantity, And that all other sorts of Coales comeing from Scotland and other places commonly sold by Weight and not by Measure shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoirdupois weight without any fallacy or deceit upon paine of forfeiture of all the Coales which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coales, and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record, or by way of complaint made unto the Lord Maior of London for the time being, and Justices of Peace within the Citty of London and Libertyes thereof, or to any two of them, or to the Justices of Peace of the severall and respective Countyes and Places where such Coales shall be exposed to sale or any of them who are hereby impowered and required to call the Partyes before them and to heare and examine such complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them, and upon due proofe thereof made to their satisfaction to convict the Offenders, and to give Warrant under their Hands and Seales for levying the Forfeitures accordingly, the one halfe thereof to be to and for the use of the person or persons soe Prosecuteing or complaining, and the other halfe to and for the use of the Poore, or repairing of the Highwayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Maior and Justices by such their Warrant as aforesaid, And the said Lord Maior of London and the Court of Aldermen for the time, being, and the Justices of Peace of the severall Countyes respectively or any three or more of them, whereof one to be of the Quorum are hereby impowered to sett the Rates and Prices of all such Coales as shall be sold by Retaile as they from time to time shall judge reasonable allowing a competent proffitt to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accrueing.
II. Refusing to sell at those Rates; Officer may enter upon Wharf, &c. and sell.
And that if any Ingrosser or Retailer of such Coales shall refuse to sell as aforesaid That then the said Lord Maior and Aldermen, and Justices of Peace respectively are hereby authorized to appoint and impower such Officer or Officers or other persons as they shall thinke fitt to enter into any Wharfe or other place where such Coales are stored up, And in case of refusall takeing a Constable to force entrance, and the said Coales to sell, or cause to be sold at such Rates as the said Lord Maior and Aldermen and Justices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coales shall be soe sold necessary charges being deducted.
III. Continuance of Act.
Provided That this Act shall continue for three yeares next ensueing, and thenceforth to the end of the next Session of Parlyament and noe longer.
IV. No Offender to be punished by any other Act.
In Actions for executing Act General Issue may be pleaded.; Double Costs.
Provided alsoe That noe person or persons that shall be sued by vertue of this Act for not observeing thereof shall be sued upon any other Act or Law now in force for the same offence, And if any Action shall be commenced against any Justice of Peace Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may pleade the Generall Issue and give the speciall matter in Evidence, And if the Verdict be found for him, or [if (fn. 2) ] the Plaintiffe become nonsuited shall recover and have his Damages and double Costs of suite for his unjust Vexation in that behalfe.
V. No Coal-seller to set Prices.
Provided alwayes That noe person haveing any Interest in any Wharfe used for the receiving or uttering of Coales, or that doth or shall trade by himselfe or others in his owne or any other name in the sale of any Coales, or the engrossing the same in order to sell the same and not for his owne private use onely shall act or otherwise intermedle in the setting the Price of Coales, Any thing in this Act to the contrary in any wise notwithstanding.