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Cinque Ports Act 1821

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This is the original version (as it was originally enacted).

XVIManner of issuing Commissions for the Punishment of Offences, agreeably to 28 H.8 c.15.

And whereas by a certain Act passed in the Twenty-eighth Year of the Reign of King Henry the Eighth, intituled For Pirates, it is among other things enacted to the Effect following, that whenever any Commission for the Punishment of certain Offences therein named; shall be directed or sent to any Place within the jurisdiction of the Five Ports, that then every such Commission shall be directed unto the Lord Warden of the said Port for the Time being, or to his Deputy, or unto Three or Four such Persons as the Lord Chancellor for the Time being shall name and appoint: And whereas by the said Act it is further enacted to the Effect following, that every Inquisition and Trial to be had by virtue of such Commission, shall be made and had by the Inhabitants of the said Five Ports, or the Members of the same: And whereas of a long Time past, no such Commission has been sent to any Place within the Jurisdiction of the Cinque Ports : Be it enacted, for the more certain and speedy Administration of Justice, That as often as His Majesty shall direct a Commission, according to the Provisions of the aforesaid Act, to the Admiral or Admirals, or his or their Lieutenant Deputy and Deputies, it shall and may be lawful for His Majesty, on the Application of the Lord Warden of the Cinque Ports, to direct such Commission jointly to the Admiral or Admirals, or his or their Lieutenant Deputy and Deputies, and also to the Lord Warden of the Cinque Ports for the Time being, and to his Deputy; and the Commissioners who shall sit by virtue of such Commission, so jointly addressed, to whatever Shire or Place in the Realm the same shall be limited, shall have full Power and Authority to inquire into, try, and determine all Offences named in the said Act, or in any other Act relating to Proceedings under such Commission, by the Oaths of Twelve good and lawful Inhabitants in the Shire limited in the said Commission, whether the said Offences shall have been committed within the Jurisdictions of the Lord Admiral of England, or of the Lord Warden of the Cinque Ports and all and every Trial, Conviction, Judgment, and Proceeding whatsoever under such Commission, shall be as good and effectual to all Intents and Purposes in Law, and shall be followed by the same Consequences to the Offender or Offenders, as if the same were had by virtue of any separate Commission to be issued under the Provisions of the aforesaid Act of King Henry the Eighth : Provided always, and it is hereby further declared, that this Act, or any thing herein contained, shall not extend or be construed to extend to the taking away, abridging, prejudicing or impeaching, in any Manner whatever, the Jurisdiction of the High Court of Admiralty of England, or the Jurisdiction of the Admiralty Court of the Cinque Ports, Two ancient Towns, and their Members ; but that it shall and may be lawful for the said Courts respectively, and the Judge or Judges thereof for the Time being, to have, use, exercise, and enjoy Jurisdiction over all such Matters, Rights, and Offences, as they have heretofore had, used, exercised and enjoyed, as fully and effectually, to all Intents and Purposes whatever, as if this Act had not been made ; any thing herein-before contained to the contrary in anywise notwithstanding.

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