872 APPENDIX TO BRITISH CASE. 



ported or exported into or out of any of the said Plantations, or for 

 \vhich any duties are payable, or ought to have been paid, by any of 

 the before mentioned Acts, as are provided for the officers of the 

 Customs in England by the said last mentioned Act made in the four- 

 teenth year of the reign of King Charles the Second, and also to 

 enter houses or warehouses, to search for and seize any such goods; 

 and that all the wharfingers, and owners of keys and wharfs, or any 

 lightermen, bargemen, watermen, porters, or other person- a isting 

 In the conveyance, concealment or rescue of any of the said goods, or 

 in the hindring or resistance of any of the said officers in the perform- 

 ance of their duty, and the boats, barges, lighters or other vessels em- 

 ployed in the conveyance of such goods, shall be subject to the like 

 pains and penalties as are provided by the same Act made in the 

 fourteenth year of the reign of King Charles the Second, in relation 

 to prohibited or uncustomed goods in this Kingdom ; and that the like 

 assistance shall be given to the said officers in the execution of their 

 office, as by the said last mentioned Act is provided for the officers in 

 England; and also that the said officers shall be subject to the same 

 penalties and forfeitures, for any corruptions, frauds, connivances, or 

 concealments, in violation of any the before mentioned laws, as any 

 officers of the Customs in England are liable to, by virtue of the said 

 last mentioned Act ; and also that in case any officer or officers in the 

 Plantations shall be used or molested for any thing done in the ex- 

 ecution of their office, the said officer shall and may plead the General 

 Issue, and shall give this or other Custom Acts in evidence, and the 

 Judge to allow thereof, have and enjoy the like privileges and ad- 

 vantages, as are allowed by law to the officers of his Majesty's Cus- 

 toms in England. 



VII. And it is hereby further enacted, That all the penalties and 

 forfeitures before mentioned, not in this Act particularly disposed 

 of shall be one third part t9 the use of his Majesty, his heirs and 

 successors, and one third part to the Governor of the Colony or Plan- 

 tation where the offence shall be committed, and the other third part 

 to such person or persons as shall sue for the same, to be recovered 

 in any of his Majesty's Courts ^Westminster, or in the Kingdom of 

 Ireland, or in the Court of Admiralty held in His Majesty's Planta- 

 tions respectively, where such offence shall be committed, at the 

 pleasure of the officer or informer, or in any other Plantation belong- 

 ing to any subject of England, wherein no essoin, protection, or 

 wager of law, shall be allowed; and that where any question shall 

 arise concerning the importation or exportation of any goods into or 

 out of the said Plantation, in such case the proof shall lie upon the 

 owner or claimer, and the claimer shall be reputed the importer or 

 owner thereof. 



" VIII. And whereas in some of His Majesty's American Planta- 

 tions, a Doubt or misconstruction has arisen upon the before men- 

 tioned Act, made in the five and twentieth year of the reign of King 

 Charles the Second, whereby certain duties are laid upon the com- 

 modities therein enumerated (which by law may be transported 

 from one Plantation to another for the supply of each others wants) 

 as if the same were by the payment of those duties in one Planta- 

 tion, discharged from giving the securities intended by the aforesaid 

 Acts, made in the twelfth, two and twentieth, and three and twen- 

 tieth years of the reign of King Charles the Second, and conse- 



