Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 260

Detention of property liable to salvage by receiver

260.
(1) Where salvage is due to any person under this Act, a receiver of wrecks shall,-
(a) if the salvage is due in respect of services rendered in assisting any vessel, or in saving life therefrom, or in saving the cargo or apparel thereof, detain the vessel and cargo or apparel; and
(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under this Act, detain the wreck.
(2) Subject as hereinafter mentioned, the receiver shall detain the vessel and the cargo or apparel, or the wreck, until payment is made for salvage, or process is issued for the arrest or detention by a Court.
(3) A receiver may release any vessel, cargo, apparel or wreck detained under this section, if security is given-
(a) to his satisfaction; or
(b) if the claim for salvage exceeds one thousand rupees, and any question is raised as to the sufficiency of the security, to the satisfaction of a Judge of the Supreme Court.
(4) Any security given for salvage in pursuance of this section to an amount exceeding one thousand rupees may be enforced by a competent Court in the same manner as if bail had been given in that Court.


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