Page:Cinque Ports Act 1821(ukpga 18210076 en).pdf/3

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1° & 2°GEORGII IV. Cap. 76.
643

sels shall be in Distress or not ; and that it shall be lawful for the Said Commissioners, whenever they see Occasion, to examine the Parties or their Witnesses upon their Oath, which Oaths shall and may be administered by the said Secretary or Register.

Commissioners to be paid by the Owners, &c. for their Trouble such Fees as shall be allowed by the Lord Warden III. And be it further enacted, That it shall be lawful for the Commissioners so to be appointed, and their Secretary or Registers as aforesaid, who shall decide on any such Claims or Demands as aforesaid, to demand and receive of and from the Owners of such ships or Vessels, or the Proprietors of any such Goods or Merchandizes, against whom any Pilot, Boatman, or other Person shall make shall be any Claim or Demand for Services of any Sort rendered to such lowed by the Ships or Vessels, or for the sole saving and preserving any Goods or Merchandizes wrecked, stranded, or cast away within the jurisdiction aforesaid ; and such Owners and Proprietors are hereby required to pay to them such Fee Or Reward for deciding on every such Claim and Demand, as shall be adjudged to them in that Behalf by the Lord Warden of, the Cinque Ports for the Time being : No Commissioner shall act out of the place where he is resident.No Commissioner shall act out of the place where he is resident. Provided always, that no Person to be appointed a Commissioner by virtue of this Act shall have Power or Authority to act in any other Port or Place than that in which he is resident, or from which his usual Place of Residence is not distant more than One Mile; Comissioners to take the following Oath. and that before such Commissioners shall in any Case proceed to act, they shall severally take the following Oath before a Magistrate or a Commissioner of the Court of King's Bench or Common Pleas, or a Master Extraordinary in Chancery; (videlicet,)

Form of oath"I A. B. do swear, That I have not, neither will I in any way, directly or indirectly, take or receive any Fee; Emolument, or Reward, from any of the Parties whose Interests are referred to my Decision (save and except such Fee Or Reward as shall be allowed by the Lord Warden to be paid to me by the Ship Owners or Proprietors of the Cargo, or their Agents), and that will not accept of receive any Fee whatever from the Persons claiming Reward of Salvage I but that I will decide according to the best of my Judgment, on the Evidence to be brought before me, without Favour or Affection to either Party. So help me, GOD."

Parties dissatisfied may appeal to the High Court of Admiralty, or the Admiralty of the Cinque Ports; but the Ship to be liberated, on giving Bail in Double the Amnount of the Award. IV. And be it further enacted, That in case the Party or Parties Parties disclaiming to be entitled to Salvage or Compensation for Services rendered as aforesaid, or the Patty Or Parties who are to pay the same, or their Agents, shall be dissatisfied with such Award and Decision of the Commissioners, it shall and may be lawful for either of them respectively; within Eight Days after such Award is made, but not afterwards, to declare to the Commissioners his or their Cinque Ports; Desire of obtaining the Judgment of some competent Court of Admiralty respecting the said Salvage or Compensation as aforesaid, and thereupon such Party or Parties shall forthwith be required by the Commissioners to declare whether he or they proceed in the Court of Admiralty of the Cinque Ports, or the High the Court of Admiralty of England; and he or they shall so proceed within Twenty Days from the Date of such Award,, by taking out a Monition against the adverse Party ; but in such Case the said Com-missioners