Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 261

Sale of detained property

261.
(1) A receiver of wrecks may sell any vessel, cargo, apparel or wreck detained by him under section 280, if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following cases: -
(a) where the amount is not disputed and payment of the amount due is not made, within twenty days after the amount is due;
(b) where the amount is disputed but no appeal lies from the decision of the first Court to which the dispute is referred, and payment is not made, within twenty days after the decision of the first Court;
(c) where the amount is disputed and an appeal lies from the decision of the first Court to which the dispute is referred to some other Court, and within thirty days after the decision of the first Court neither payment of the sum due is made nor proceedings are commenced for the purpose of appeal or of obtaining leave to appeal.
(2) The proceeds of sale of any vessel, cargo, apparel or wreck shall, after payment of the expenses of the sale, be applied by a receiver of wrecks in payment of the expenses, fees and salvage and, so far as not required for that purpose, shall be paid to the owners of the property, or any other persons entitled thereto and in the absence of such persons to the Consolidated Fund of Ceylon.


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