Page:Cinque Ports Act 1821(ukpga 18210076 en).pdf/11

Rh ties to be paid to the several Persons acting or being employed in the Salvage of any Ship, Vessel, or Goods, in Cases where Application shall have been first made pursuant to that Statute, to Officers of the Customs, or other the Officer or Officers therein in that Behalf mentioned, and Assistance shall have been thereupon rendered and had in pursuance of the Provisions of that Statute, shall be by Law applicable and available, in like Manner to all Intents and Purposes, in Cases where the Salvors shall have acted under and by the mere Employment and Authority of the Commander or other Superior Officers, Mariners, or Owners of Any Ship or Vessel in Distress, although no such Application shall have been made to, nor any Authority or assistance derived from, any Officers of the Customs, or other the Officer or Officers in the said Statute in that behalf mentioned; and that, upon Payment or Tender and Refusal of the Quantum of Monies or Gratuities to be paid to the several Persons who shall have acted or been employed in such Salvage, or in case such Payment or Tender cannot be made, or Security being given for the due Payment thereof, to the Satisfaction of the Commissioners who shall have adjusted such Quantum of Gratuities, it shall not be lawful for any Officer of the Customs, or other Person or Persons having the Possession or Custody of such Ship, Vessel, or Goods, any longer to retain the Possession or Custody of the same, or any Part thereof, by reason or pretence of any Claim or Right to a Compensation or Gratuity for such Salvage as aforesaid, or for having acted or been employed therein.

XX. And be it further enacted and declared; That in all Cases it shall be lawful for the Owner or Owners, or if the Owner or Owners refuse, for the Salvors, to sell so much of the Property saved, as will be sufficient to defray the Salvage adjudged, and all Expences attending the same, and such other reasonable Charges and Expences respecting the said Property, as shall be allowed by the High Court of Admiralty, or by the Court of Admiralty of the Cinque Ports, or by the Commissioners appointed under this Act; and that on the Production of an Order or Decree from the High Court of Admiralty or from the Court of Admiralty of the Cinque Ports, or of an Award made by the Commissioners appointed under this Act, the Commissioners of Customs and Excise shall be empowered and required and they are hereby empowered and required, to allow the Sale of such Goods as aforesaid, free from the Payment of all Duties : Provided nevertheless, that in all Cases in which they may think it advisable, it shall be lawful for the Commissioners of the Customs and Excise to refer any such Award which may be produced to them from the Commissioners appointed under this Act, to the Judgment or Revision of the High Court of Admiralty.

Provided always, That nothing herein in this Behalf contained Jurisdiction shall extend, or be construed to extend, to affect or impeach the Jurisdiction to be exercised within the Cinque Ports, or to affect or abridge in any Degree the Jurisdiction or Authority of the High Court of Admiralty.

And be it further enacted,That this Act shall be a Public Act, and shall be judicially taken Notice of as such, by all Judges, Justices and others, without being specially pleaded.