carriages used for the carriage of coals in the ports of Newcastle upon Tyne and Sunderland, upon the river Wear, and all other places within the counties of Northumberland and Durham, are to be admeasured and marked, as in and by the said first-recited act is directed: and whereas the faid admeasurement of keels and other carriages, ufed for the conveyance of coals, in order to be shipped from those ports, hath been found by experince to tend greatly to the accommodation of trade, and the fecurity of the public revenue; and it is expedient that the carriages ufed in loading coals on board fhips or veffels in other parts of Great Britain should be alfa admeasured and marked, in order that the coal trade throughout the kingdom may be put upon a more equal footing, and the duties payable to his Majefly thereon may be more effectually fecured and collected; may it therefore please your Majefty that it may be enacted; and be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That 1775, his Ma- from and after the fifth day of July, one thousand seven hundred jefty &c. to and seventy-five, it fhall and may be lawful for his Majesty, his appoint commiflioners for heirs and fucceffors, by his or their commiffion or commiffions admeafuring iffuing out of the court of exchequer in England or Scotland reand marking fpectively, to nominate and appoint commiffioners for the adall keels, boats, measuring and marking all keels, boats, waggons, barrows, waggons, &c. carts, and coups, and all other veffels or carriages whatsoever, ing coals, &c. which now are or hereafter may be used in the carriage of coals, as by act 6 & 7 in order to be laden on board any fhip or veffel for exportation Gul. 3.

After July 5,

ufed for carry

to foreign parts, or to be carried coaftwife from any other port or place of this realm, in the fame manner as fuch commiffioners are appointed in purfuance of the faid firft-recited act for admeafuring and marking of keels and other carriages used for the carriage of coals in the faid ports of Newcastle and Sunderland; which commiffioners, fo to be appointed in pursuance of this act, or any three or more of them, thall caufe all keels, boats, waggons, barrows, carts, and coups, and all other veffels and carriages whatfoever, fo ufed as aforefaid, at every other port in this kingdom, to be admeasured, weighed, numbered, and marked, at fuch times and places, and by fuch person and perfons, as the faid commiffioners fhall refpectively direct and appoint for that purpose, in manner hereafter expreffed; that is to fay, All keels, boats, waggons, barrows, carts, and coups, and all other veffels and carriages whatsoever, used as aforefaid in the carriage of fuch coals as are usually fold by the chalder, fhall be measured with good middling coals, by the bushel commonly The dimen- called The Coal Bushel, made round, with a plain and even bottom nineteen inches and an half from outside to outfide, and to contain one Winchefter bufhel and one quart of water, according to the standard for the Winchefter bufhel, defcribed by an act of parliament, made in the thirteenth year of the reign of his late majesty King William the Third, for fettling a duty upon malt, allowing thirty-fix bushels heaped up to one chalder; and all keels, boats, waggons, barrows, and all other veffels and car

fions of the bufhel.

Keels, boats,

waggons, &c.

to be measured

riages

ed and mark

riages, used as aforefaid in the carriage of fuch coals as are ufually by the ton fold by weight, fhall be measured by the ton, containing twenty containing hundred weight, each hundred weight to contain one hundred 20 cwt. &c. and twelve pounds weight avoirdupoife; and every fuch wag- waggons, gon, cart, coup, or other land carriage, fo admeasured as afore- carts, keels &c. faid, thall be numbered, marked, and nailed, on the head and to be number. each fide thereof; and each and every keel, boat, or other vef- ed, and in what fel or water carriage, fo ufed as aforefaid in the carriage of fuch manner. coals as are usually fold by weight, fhall be admeasured by a dead weight of lead or iron, allowing twenty hundred weight avoirdupoife to the ton; and every fuch keel, boat, or other veffel or carriage, fo used as aforefaid in the carriage of any coals by water, whether ufually fold by the chalder or by weight, so admea fured as aforesaid, fhall be numbered, marked, and nailed, on each fide of the ftem and ftern and midfhip thereof, or in fuch other manner as the faid commiffioners thail refpectively direct, to denote what quantity of coals each refpective carriage will hold and carry up to the mark fo fet thereon; and the feveral and refpective His Majefty's duties due and payable to his Majefly, his heirs and fucceffors, duties to be paid according for and upon fuch coals, fhall be charged, collected, and paid for to the quantithe fame, according to the quantity of coals fuch keels, boats, ty fuch keels, waggons, barrows, carts, coups, or other veffels or carriages, boats, &c. fhall fhall respectively contain up to the mark fo fet thereon; any law, custom, or ufage, to the contrary notwithstanding.

contain.

the owners of

and after fuch

II. And be it further enacted by the authority aforesaid, That Commiffioners the faid commiffioners appointed in purfuance of this act, or to give three any three of them, fhall give three days notice of the time and days notice to place of fuch admeasurement to the owner or owners of fuch keels, &c. of keels, boats, waggons, barrows, carts, coups, or other veffels or the time and carriages; and if after fuch notice given, any keel or other car- place of adriage whatfoever fhall be used or employed in the carriage or re- measurement; moval of any coals, in order to be laden on board any fhip or notice, if any effel for exportation to foreign parts, or to be carried coaftwife kee', &c. be n this kingdom, before the fame fhall be measured, numbered, used before narked, and nailed, as aforefaid, every fuch keel, boat, waggon, the fame to be measured, &c. Darrow, cart, coup, or other veffel or carriage, together with the forfeited, &c. coals which fhall be laden thereon, fhall be forfeited, and the ame fhall and may be feized by any officer or officers of the uftoms, and profecuted in the manner herein-after directed.

bers or marks

III. And be it further enacted by the authority aforefaid, That If any numin cafe after the admeafuring, numbering, marking, and nailing, f any keel, boat, waggon, barrow, cart, coup, or other veffel or &c. after adarriage, the number or mark fo fet thereon as aforefaid, or any measurement art thereof, fhall be removed or altered, in order to fruftrate of keels, waghe intent and meaning of this act, fuch keel, boat, waggon, hall be forgons, &c they arrow, cart, coup, or other veffel or carriage, and the coals, if fhall be laden thereon, fhall be forfeited, and fhall and may e feized and profecuted as aforefaid; and the owner or owners and the ownf such keel, boat, waggon, barrow, cart, coup, or other veflel ers or persons r carriage, and each and every perfon and perfons who fhall be concerned, to forfeit iol. y-ways concerned in or privy to the doing thereof, and who

ny

fhall

feited,

fhall be convicted of fuch offence upon the evidence of one or more credible witness or witneffes before any one or more justice or justices of the peace for the county, town, or place, where the offence shall be committed, fhall refpectively forfeit the sum of which may be ten pounds; to be levied upon his, her, or their goods and chatlevied by dif- tels by diftrefs and fale thereof, by warrant under the hand and tress, feal of fuch justice or juftices, rendering the overplus, if any, to the perfon or perfons diftrained upon; and for want of fufficient diftrefs, the owner or owners of such keel, boat, waggon, barrow, cart, coup, or other veffel or carriage, and the perfon or perfons fo convicted of fuch offence fhall, by like warrant, be committed to the common gaol for the county, town, or place, where the offence shall be committed, there to remain for the space of three months without bail or mainprize, unless the faid penalty of ten pounds fhall be paid before the expiration of that time.

or fuch per

fons may be 'committed

till paymont.

Persons appointed to take an ac

culm, &c.

may enter and

remain on any wharf, &c.

IV, And be it further enacted by the authority aforesaid, That from and after the faid fifth day of July, any officer or officers of the customs appointed to examine and take an account count of coals, of the quantity of any coals, culm, or cinders, which fhall be laden or fhipped on board any fhip or veffel at any port or place fhipped, &c., whatsoever in this kingdom, to be exported into foreign parts, or to be carried coaftwife from fuch port or place to any other port, member, or creek, within the fame port, or to any other port or place in Great Britian, fhall and may freely enter and remain in and upon any staith, wharf, or other place, from whence fuch coals, culm, or cinders, are laden, or intended to be shipped and every per- off and laden, as aforefaid; and every perfon who fhall hinder, fonobftructing officers in their obftruct, moleft, or oppose, any officer or officers of the customs duty to forfeit in the due execution of his or their duty required and directed zool. by this act, fhall, for every fuch offence, forfeit the fum of one hundred pounds.

Forfeitures, &c. to be divided, one moiety to his

Majefty, and

the other to the officer who

fhall fue for

fame.

Collectors of

of the time and

V. And be it further enacted by the authority aforefaid, That all the forfeitures and penalties herein-before mentioned (after the deducting the charges of feizing, profecuting, and recovering the fame) thall be divided, one moiety to his Majefty, his heirs and fucceffors, and the other moiety to fuch officer or officers of the customs as shall seize or fue for the fame; and the faid forfeitures and penalties (excepting in fuch cases where other directions are given in this act) fhall and may be profecuted and fued for in his Majesty's court of exchequer in England or Scotland respectively.

VI. And be it further enacted by the authority aforefaid, That the customs to from and after the faid fifth day of July, one thousand seven hunkeep accounts dred and feventy-five, the collector and comptroller, or other place where principal officer of the cuftoms, at every port or place in this keels, boats, kingdom, where any keels, boats, waggons, barrows, carts, or &c. are mark other veffels or carriages whatsoever, fhall be measured and ed, &c. marked in pursuance of the directions of this act, or of any for mer act or acts of parliament now in force, fhall register, or cause to be registered, in a book to be kept for that purpose, an account of the time and place when and where the faid keels,

boats,

Perfons ap

boats, waggons, barrows, or other veffels or carriages, were measured, marked, and nailed, with the dimenfions, and the name of the owner or owners thereof, and the quantity of coals each keel, boat, waggon, barrow, or other veffel or carriage, will refpectively hold and carry up to the mark fet thereon; and every person appointed or to be appointed to measure, mark, markand mea. pointed to and nail, fuch keels, boats, waggons, barrows, or other veffels fure keels, or carriages, or to examine and take an account of the quantity boats, &c to of coals laden there from on board any ship or veffel, fhall take make oath bean oath before the collector and comptroller, or other principal lector for the officer of the customs at the port or place where he fhall be fo faithful difappointed, for the true and faithful performance and difcharge of charge of their his duty, according to the directions and inftructions fuch officer duty. fhall receive for that purpose from the respective commiffioners of his Majefty's customs in Great Britain, which oath the said collector and comptroller, or other principal officer of the cuftoms, are hereby authorised and impowered to administer.

fore the col

VII. And be it further enacted by the authority aforefaid, Limitation of That if any action or fuit fhall be commenced against any perfon actions. or perfons for any thing done in pursuance of this act, fuch action or fuit fhall be commenced and profecuted in the court of exchequer only in that part of Great Britain called England, or in the court of feffion or exchequer only in that part of Great Britain called Scotland refpectively, within the space of four calendar months next after the fact fhall be committed or done: and if such action or fuit fhall be commenced or profecuted in England, the defendant or defendants in any fuch action or fuit may plead the general iffue, and give this act and the fpecial General issue, matter in evidence at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff fhall be nonfuited or discontinue his action after the defendant or defendants shall have appeared, or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall and may recover treble costs, and have the like Treble cofts. remedy for the fame, as any defendant or defendants hath or

have in other cafes by law: and if fuch action or fuit fhall be How proceedcommenced or profecuted in that part of Great Britain called ings are to be Scotland, the faid court of feffion or exchequer before whom fuch regulated in action or fuit fhall be brought shall allow the defendant to plead this act on his defence, and if the purfuer fhall not infist on his action, or if judgement fhall be given against the pursuer, the defendant shall and may recover the full and real expences he may have been put to by any fuch action or fuit.

VOL. XXXI.

E

САР,

Freamble.

An att for altering, explaining, and amending feveral acts of the parliament of Scotland, respecting colliers, coal-bearers, and falters.

W HEREAS by the ftatute law of Scotland, as explained by

the judges of the courts of law there, many colliers and coalbearers and falters are in a state of flavery or bondage, bound to the collieries and Jalt-works where they work for life, transferrable with the collieries and falt-works, when their original masters have no further ufe for them: and whereas perfons are difcouraged and prevented from learning the art or business of colliers or coal-bearers, and falters, by their becoming bound to the collieries and falt-works for life, where they fhall work for the Space of one year, by means whereof there are not a fufficient number of colliers, coal-bearers, and falters, in Scotland, for working the quantities of coal and falt neceffarily wanted; and many new-dificvered coals remain unwrought, and many are not fufficiently wrought, nor are there a fufficient number of falters for the falt-works, to the great lofs of the owners and difadvantage to the publick: and whereas the emancipating or fetting free the colliers, coal-bearers, and falters in Scotland, who are now in a state of fervitude, gradually and upon reafonable conditions, and the preventing others from coming into fuch a state of fervitude, would be the means of increafing the number of colliers, coal-bearers, and falters, to the great benefit of the publick, without doing any injury to the prefent maflers, and would remove the reproach of allowing fuch a fate of fervitude to exift in a free country; may it therefore pleafe your Majefty that it may be enacted; and be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the first day of July, in this present year one thousand feven hundred and feventy-five, no perfon, who fhall begin to work as a collier, coal-bearer, or falter, or in any other way in a colliery or falt-work, in Scotland, fhall be bound to fuch colliery or land to be falt-work,or to the owner thereof, in any way or manner different bound in any from what is permitted by the law of Scotland with regard to ferother way than vants and labourers; and that they fhall be deemed free, and other fervants. fhall enjoy the fame privileges, rights, and immunities, with the reft of his Majefty's fubjects, any law or ufage in Scotland to the contrary notwithstanding.

1775, no per

fon who fhall begin to work as a collier or

falter in Scot

Owners of

II. Provided always, That it fhall be lawful for all owners and collieries and leffees of collieries and falt-works, and for colliers, coal-bearers, fait works, &c and falters, to take perfons bound by contract or indenture, as make take ap- apprentices, to learn the art or bufinefs of coal-hewing, coalprentices. bearing, or making falt, for any term of years permitted by the law of Scotland with regard to apprentices in other arts and myfteries.

III. And be it further enacted by the authority aforesaid,
That