Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 54

Official PDF on legislation.mt

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.

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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.