350 APPENDIX TO BRITISH COUNTER CASE. 



toms, or other Person or Persons deputed by them, or thereunto au- 

 thorized by the Lord-Treasurer or Under-Treasurer, to make Seizure 

 of or inform against such Goods and Merchandize, or bring his Ac- 

 tion for the same by way of Devenerunt, and that they shall be es- 

 teemed and adjudged in Law as the true first Informers and Seizers, 

 and have the Benefit of such Informers or Seizers; any Law, Statute. 

 Act or Usage to the contrary in any wise notwithstanding : 



XVIII. And that no Informer or Officer be suffered to compound 

 under one Third of the appraised Value, upon Loss of his Office : 

 ******* 



XXVIII. And be it further enacted, That all Actions, Suits and 

 Informations, to be had and commenced upon the Act For encourag- 

 ing and increasing of Shipping and Navigation, or any Clause or 

 Article therein, may be entred and prosecuted in his Majesty's Court 

 of Exchequer at Westminster," (2) That upon all such Suits and In- 

 formations to be brought upon the Act of Tonnage and Poundage, 

 and the Act aforesaid, or any other Act or Statute concerning the 

 Importation of Goods or Merchandize from the Parts beyond the 

 Seas, If the Property thereof be claimed by any Person or Persons 

 as the Importer thereof; in such Case Onus Probandi shall lie upon 

 the Owner or Claimer thereof. 



XXIX. Provided, That in case the Seizure or Information shall 

 be made upon any Clause or Thing contained in the late Act, intituled, 

 An Act for the encouraging and increasing of Shipping and Naviga- 

 tion, that then the Defendant or Defendants shall on his or their 

 Request have a Commission out of the High Court of Chancery to 

 examine Witnesses beyond the Seas, and have a competent Time 

 allowed for the Return thereof, before any trial shall be had upon 

 the Case, according to the Distance of Place where such Commission 

 or Commissions are to be executed, and that the Examination of 

 Witnesses so returned shall be admitted for Evidence in Law at the 

 Trial, as if it had been given Viva voce by the Examinate in Court ; 

 any Law, Statute or Usage to the contrary in any wise notwith- 

 standing. 



XXX. And be it also enacted and ordained by the Authority afore- 

 said, That no Writ of Delivery shall be granted out of the Court of 

 Exchequer for Goods seized, but upon good security, and that 



for Goods perishable only, or in Cases where the Informer 

 212 shall defer or delay his coming to as speedy a Trial as the 



Course of that Court will permit, and shall be thereby ordered 

 and directed. 



XXXI. And be it further enacted by the Authority aforesaid, 

 That one Moiety of all the Forfeitures before in this Act mentioned 

 and appointed shall be to the King's Majesty, his Heirs and Suc- 

 cessors, and the other Moiety to such Person or Persons as shall seize 

 or sue for the same by Bill. Plaint or Information in his Majesty's 

 Court of Exchequer, or any other his Majesty's Courts of Record, 

 wherein no Essoin, Protection or Wager of Law shall be allowed. 



XXXII. And be it further enacted and ordained, That all Officers 

 belonging to the Admiralty, Captains and Commanders of Ships, 

 Forts, Castles, and Block-houses, as also all Justices of the Peace, 

 Mayors, Sheriffs, Bailiffs, Constables and Headboroughs, and all the 

 King's Majesty's Officers, Ministers and Subjects whatsoever whom 

 it may concern, shall be aiding and assisting to all and every Person 



