by Guest » February 15, 2015, 5:43 pm
Many thanks to "canaljim" & his brother. That was an extensive & invaluable Website. The most important details were provided by Mac MacKay: Her Canadian Registry was allowed to lapse on Jan. 14, 2008, and she does not appear in U.S. Registry as Upper Canada. Other info. indicates she was towed to her present location around 2003 & has not been touched since. My conclusion is that she is abandoned. This brings up a can of worms in Maritime Law. The unknown owner my be subject to suit about the Ship in personem a suit that isn't a problem to us. However, the ship may be subject to Maritime Liens in rem (against the thing), and these can cause great problems to anyone claiming ownership of the vessel. These Liens belong to the ship. Whoever owns the ship also gets her Maritime Liens (wages owed the crew, debts for fuel, torts (accidents, deaths, etc.) repairs, food & supplies & other "necessaries"). No one may be claiming ownership due to these liens. However, the parties owed usually have a U.S. Marshall arrest the ship until the liens are paid off; or the ship is put up for sale & the proceeds used to pay the Lien-holders. The fact that the ship hasn't been arrested is a good sign. As no one claims ownership, and she appears unencumbered by liens, she may truly be abandoned (a very rare situation). And because she is not at a dock, she hasn't built up Dockage Fees.
- Attachments
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- Four years later, a bit the worse for wear.
Many thanks to "canaljim" & his brother. That was an extensive & invaluable Website. The most important details were provided by Mac MacKay: Her Canadian Registry was allowed to lapse on Jan. 14, 2008, and she does not appear in U.S. Registry as [i]Upper Canada[/i]. Other info. indicates she was towed to her present location around 2003 & has not been touched since. My conclusion is that she is abandoned. This brings up a can of worms in Maritime Law. The unknown owner my be subject to suit about the Ship [i]in personem[/i] a suit that isn't a problem to us. However, the ship may be subject to Maritime Liens [i]in rem[/i] (against the thing), and these can cause great problems to anyone claiming ownership of the vessel. These Liens belong to the ship. Whoever owns the ship also gets her Maritime Liens (wages owed the crew, debts for fuel, torts (accidents, deaths, etc.) repairs, food & supplies & other "necessaries"). No one may be claiming ownership due to these liens. However, the parties owed usually have a U.S. Marshall arrest the ship until the liens are paid off; or the ship is put up for sale & the proceeds used to pay the Lien-holders. The fact that the ship hasn't been arrested is a good sign. As no one claims ownership, and she appears unencumbered by liens, she may truly be abandoned (a very rare situation). And because she is not at a dock, she hasn't built up Dockage Fees.