Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 54
54. (1) Any ship repairer, shipbuilder or other creditor into
whose care and authority a ship has been placed for the executi on
of works or other purposes shall have a possessory lien over th e
ship.
(2) A possessory lien shall entitle the creditor to retain
possession over the ship on which he has worked or carried out
activity until such creditor is paid the debts due to him for such
building, repairs or activity.
(3) A possessory lien shall be extinguished by the voluntary
release of the ship from the custody of the creditor.
(4) A possessory lien shall not be extinguished if the vessel is
released pursuant to a court ord er or following a judicial sale of the
vessel. In the latter case the cr editor shall enjoy the priorit y
specified in article 54A over the proceeds of sale of the ship.
Cap. 12.
(5) The creditor shall be obliged to release the ship if he is p aid
the sum claimed, or adequate security is deposited in the Civil
Court, First Hall, under the provisions of the Code of Organization
and Civil Procedure :
Provided that the creditor shall enjoy the same priority over
such sum.
(6) For the purposes of this artic le, the creditor upon a demand
by judicial letter served upon him by any person interested in the
ship, shall be obliged to declar e the amount of his claim by ju dicial
act to be filed within a period of two days from the date of
notification to him of the afores aid demand failing which he sh all
be obliged to release the ship forthwith.
Ranking of
creditors.
Added by:
XXXVII.1988.27.
Amended by:
XXII. 2000. 37.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.