Legislation
SECTION 137
Appointment of appraisers
Navigation (NAV) CHAPTER 37, ARTICLE 10
§ 137. Appointment of appraisers. If the amount of salvage and
expenses on property saved shall not be adjusted by agreement of the
parties, the owner or consignee of such property, or the master or
supercargo, having charge thereof at the time the same was wrecked, or a
claimant having an order for its delivery, may apply to the county court
of the county or the city court of a city in which such property shall
be, for the appointment of suitable persons as appraisers, to adjust the
amount of such salvage and expenses; and such court shall, by an order,
appoint three disinterested freeholders of the county, not inhabitants
of the town in which the property shall have been saved to adjust such
salvage and expenses, who, before they shall enter upon the performance
of their duties, shall be sworn to perform faithfully and impartially
the duties of their trust. They shall have power to issue compulsory
process for the attendance of witnesses, and to administer oaths to all
witnesses who shall attend or be produced; and the written decision of
the appraisers, or any two of them, as to the amount of salvage and
expenses, and the sum to be paid to each person entitled to share in
such salvage, or claiming such expenses, shall be final and conclusive.
The fees and expenses of the appraisers shall be paid by the person upon
whose application they shall have been appointed, and shall be a charge
upon the property saved. Each appraiser shall be entitled to five
dollars for each day's necessary attendance and expenses.
expenses on property saved shall not be adjusted by agreement of the
parties, the owner or consignee of such property, or the master or
supercargo, having charge thereof at the time the same was wrecked, or a
claimant having an order for its delivery, may apply to the county court
of the county or the city court of a city in which such property shall
be, for the appointment of suitable persons as appraisers, to adjust the
amount of such salvage and expenses; and such court shall, by an order,
appoint three disinterested freeholders of the county, not inhabitants
of the town in which the property shall have been saved to adjust such
salvage and expenses, who, before they shall enter upon the performance
of their duties, shall be sworn to perform faithfully and impartially
the duties of their trust. They shall have power to issue compulsory
process for the attendance of witnesses, and to administer oaths to all
witnesses who shall attend or be produced; and the written decision of
the appraisers, or any two of them, as to the amount of salvage and
expenses, and the sum to be paid to each person entitled to share in
such salvage, or claiming such expenses, shall be final and conclusive.
The fees and expenses of the appraisers shall be paid by the person upon
whose application they shall have been appointed, and shall be a charge
upon the property saved. Each appraiser shall be entitled to five
dollars for each day's necessary attendance and expenses.