Cinque Ports Act 1821

4 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 Amount of the Award. Bail to be taken and certified according to schedule annexed. U.K.

In case the party or parties so claiming to be entitled to salvage or compensation for services rendered as aforesaid, or the party or parties who are to pay the same or their agents, shall be dissatisfied with such reward 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 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 will proceed in the court of admiralty of the cinque ports, or the high 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 commissioners are hereby empowered and required to permit the said ship and her cargo, notwithstanding such declaration and proceeding, to depart on her voyage, or to deliver to the owners and proprietors, or their agents, any goods or merchandizes respecting which any claim for salvage shall be made, upon the owners or proprietors of the same or their agents giving good and sufficient bail in double the amount of the sum awarded; and which bail the said commissioners or any of them are and is hereby authorized to take and certify F1 . . ., and to transmit the same without delay to the court of admiralty in which the intention of proceeding shall be so declared, together with a true certificate in writing of the gross value of the whole ship and cargo or other goods and merchandizes respecting which salvage shall be claimed, and also an official copy of such proceedings and awards certified by the said secretary or register; and the same shall be admitted by such court of admiralty as evidence in the cause.

Textual Amendments

F1 Words in s. 4 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1