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Cap. 234 · Merchant Shipping Act (Cap. 234)

Cap. 234 ст. 50Special privileges on ships. 

PART II

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The debts hereunder specified are secured by a special privilege upon the vessel, as well as any proceeds from any indemnity arising from collisions and other mishaps as well as any 

insurance proceeds:

(a) judicial costs incurred in respect of the sale of the ship and the distribution of the proceeds thereof;

(b) fees and other charges due to the registrar of Maltese ships arising under this Act;

(c) tonnage dues including anchorage and berthing dues;

(d) wages and expenses for assistance, recovery of salvage, and for pilotage;

(e) the wages of watchmen, and the expenses of watching the ship from the time of her entry into port up to the time of sale;

(f) rent of the warehouses in which the ship’s tackle and apparel are stored;

(g) the expenses incurred for the preservation of the ship and of her tackle including supplies and provisions to her crew incurred after her last entry into port;

(h) wages and other sums due to the master, officers and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;

(i) damages and interest due to any seaman for death or personal injury and expenses attendant on the illness, hurt or injury of any seaman;

(j) moneys due to creditors for labour, work and repairs previously to the departure of the ship on her last voyage: Provided that such privilege shall not be competent where the debt has not been contracted directly by the owner of the ship, or by the bareboat charterer or by the master, or by an authorised agent of the owner or of the bareboat charterer;

(k) ship agency fees due for the ship after her last entry into port, in accordance with port tariffs, and any disbursements incurred during such period not enjoying a privilege in paragraphs (a) to (i), though in any case for a sum in the aggregate not in excess of four thousand units;

(l) moneys lent to the master for the necessary expenses of the vessel during her last voyage, and the reimbursement of the price of goods sold by him for the same purpose;

(m) moneys due to creditors for provisions, victuals, outfit and apparel, previously to the departure of the ship on her last voyage: Provided that such privilege shall not be competent where the debt has not been contracted directly by the owner of the ship, or by the bareboat charterer or by the master, or by an authorised agent of the owner or of the bareboat charterer;

(n) damages and interest due to the freighters for non-delivery of the goods shipped, and for injuries sustained by such goods through the fault of the master or the crew;

(o) damages and interest due to another vessel or to her cargo in cases of collision of vessels;

(p) the debt specified in article 2009(d) of the Civil Code for the balance of the price from the sale of a ship.

in 51. Where debts of a nature similar to the ones mentioned in paragraphs (a) to (p), both inclusive, of article 50 shall have been contracted in different ports, or on the occasion of several forced returns to the same port, the priority established by the said article shall be observed with regard to the several debts contracted on the occasion of each arrival or return, but the debts contracted on the occasion of a subsequent arrival or return shall have preference over those contracted on the occasion of a former arrival or return.

История изменений
  • Amended by I.2025.28