Customs Act 1662

XXVII. Actions, &c. on 12 Car. II. c. 18. prosecuted in the Exchequer.

In Suits, &c. on 12 Car. II. c.4. and any other act concerning Importation of Goods, &c.; Onus Probandi on Owner.; Proviso that in Informations on 12 Car. II. c. 18. Defendants may have a Commission out of Chancery to examine Witnesses abroad.

And be it further enacted That all Actions Suites and Informations to be had and commenced upon the act for encouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and prosecuted in His Majestics Court of Exchequer at Westminster That upon all such Suites & Informac[i]ons to be brought upon the act of Tonnage and Poundage and the act aforesaid or any other act or Statute concerning the Importac[i]on 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 lye upon the Owner or Claimer thereof Provided that in case the Seizure or Information shall be made upon any Clause or Thing conteyned in the late act intituled An act for the incouraging and increasing of Shipping and Navigation that then the Defendant or Defendants shall on his or theire 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 tryall 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 Lawe at the tryal as if it had beene given Viva voce by the Examinate in Court Any Law Statute or Usage to the contrary in any wise notwithstanding.