case John leak and John michel who tam against John howel and John hall  Trinity term Elizabeth roll proceed upon a information who tam upon Elizabeth  b to recover the value of good import undera prime entry make with a clerk to  the deputycustomer of the customhouse SC Noy a agreement to pay the subsidy  due on the importation of merchandise make with a pers on at the customhouse  who act there as deputy de facto to the comptroller although he be not deputy  dejure be valid dyer moot   b I   Popb lev   I salk ld raym Com Rep Mod Bac  Abr Cas tempt hard a prime entry at the customhouse be legal bring good to  shore be a put they on land good must he land by way of merchandise to he  liable to duty queen if a ten tale can he award on a default after adjournment  information upon the Elizabeth c and for that diverse person unknown betwixt I  Jan Elizabeth add march Elizabeth in a certain ship to the plaintiff unknown  bring in from the part heyond the sea usq Ratcliff in county Middlesex within  the port of London piece of buckram piece of cloth of gold piece of finen  cloth and diverse other parcel therein mention and the say good and  mercbandises Feb Elizabeth out of the ship b way of merchandise ut upon the  that land and discharge after four of the clock in the afternoon the custom  and subsidy for they due not be pay nor agree for with the customer of London  nor in any other port nor with their deputy against the form of the statute in  such case provide and that by reason thereof all the say good hecame forfeit  whereof the one moiety shall he to the queen and the other moiety to he who  seize or sue for they and that those good come to the defendant band whereupon  he pray process against they c the defendant plead that the say good and croak  Elizabeth er p merchandise be not at the time mention in the information put  upon the land or discharge by way of merchandise prout in the information c et  hoc a preparation be for flcare the queen attorney by replication say that  they be put upon the land and discharge by way of merchandise proul c in the  information c el hoc petit qubd to seek after per native land preceding  de/endens similiter hereupon a special verdict be find videlicet that all  those good be take by way of reprize and bring within the port of Penryn in  Cornwall and that Feb Elizabeth about twelve of the clock at noonday put into  two light and by they bring to the seashore water from that source refluxa  about two of the clock post noon and that the great part of those good be put  on land before four of the clock post noon and that the say piece of cloth of  gold and the piece of linen weree put upon the land out of the light after  four of the clock post noon and that there be a agreement before the say good  be take out of the ship make at the customhouse at Penryn with Richard enys  deputy of John Basset deputy to Thomas Peyton the customer there and with the  comptroller of the custom there to answer to the queen all custom and duty  which shall he find due to the queen for the say good upon view of they and  that the say Richard enys have exercise that place as deputy there for three  year before c and if upon this matter c croak Elizabeth it be argue diverse  time before the baron and move first whether for these good take by way of  reprize any subsidy be to he pay for the Elizabeth c be that for good bring  into the realm by way of merchandise or carry out of the realm by way of  merchandise custom shall he pay so the statute therein extend only to merchant  who traffic and not to good wreck nor to the good of ambassador or of any  other man bring in for his proper use and provision and so of good take by uva  r of reprize which be take with the hazard of the life of the taker of they  which be not bring in by way of merchandise but the court resolve as to it  that subsidy be to b e pay for they for the statute extend not only to  merchant but to all good bring in by any man to make a benefit by the sale of  they and so it have be often rule before these time second whether there be  here any agreement with such a person as the statute intend for the statute be  that the custom not pay nor the customer or his deputy by and with the consent  of the comptroller in the customhouse not agree with and here the agreement be  not with the deputy himself but with the deputy of the deputy with the assent  of the comptroller c but it be move that this be good enough for the deDUty of  the deputy be deputy of the first customer and although there he twenty the  one under the other as the twenty assignee shall volich by warranty make to  one and his assignee Edward pl and Elizabeth dyer if a deputy certify false it  be his master act for he supply his place and Edward bar commission to one to  make purveyance for carriage another as his deputy do it and hold well enough  here Richard Eriys be deputy in facto and exercise the place in the  customhouse and although he be not de jure that shall not prejudice the  merchant who make their composition with he for it will he very mischievous  unto they to examine by what authority they sit and make their composition and  for that purpose vide Edward grant of liberty by a king a usurper Henry  attornment by a seize Elizabeth Lord arundel ease surrender to a seize and a  regrant by he hold to be good and of that opinion be all the baron that it be  sufficient for they to make their composition for he hein deputy in facto and  fit in the customhouse with other officer they make their composition there be  well enough three whether this agreement be incertain be good?And it be hold  that it be for be good take by way of reprize they can not by intendment have  notice what the quantity and parcel of the good be to make a more certain  composition and it be all one in reason with Fogssass case a fourthly whether  this be any put upon the land after four of the clock post noon against the  Elizabeth c IMAnd all the baron resolve that in regard it be find that the say  good be unladen out of the ship in light and by they bring to shore at two of  the clockpost noon water from that source refluxa that be a Plowd croak  Elizabeth er p a puttingthem upon the land before the four hour croak  Elizabeth post noon and so for the matter in law they all resolve for the  defendant diverse exception be take to the manner of their proceed first it be  not allege in the declaration that they be bring into the realm by way of  merchandise but only lie upon the land by way of merchandise which be not any  offence against the law for good may he bring in not by way of merchandise and  yet lie upon the land by way of merchandise as good of a ambassador bring into  the land who afterward die before they he unladen and then lie upon the land  to he sell thisis no offence against any law Andthe court seem to incline that  it wall a material exception a second the defendant plea ought to be conclude  el de hoc to put down see super native land and the issue ought not to he by  replication where a affirmative and negative be before three twelve of the  jury appear and be adjourn to another day and the record be that at the day  four of those twelve make default therefore a ten tale be award whereas it  ought to have be that although four of they adjourn make default yet twenty  other appear and therefore it ought to have be el because eight only appear el  residuum a swearer make default therefore a ten tale be award and in proof  hereof be cite I Richard pl I Richard pl but the baron doubt whether it be not  help by the Henry c and whether it shall extend to information for the party  and queen but at the end of the term judgement be give for the defendant upon  the matter in law