Subscribe to RSS FeedThanks for the recent comment inquiring as to why you'd arrest a vessel. (See "Book that Vessel!", August 20, 2006) Obviously, the answer is because the vessel was behaving badly, maybe lurching around in public smelling of booze, maybe fleeing a crime scene, dealing dope, who knows?
Forgive me. However, the term "arrest" has that flavor, right? You're left with an image of the Marshal swaggering down the dock, cuffs in hand and some center-console tugging madly at its lines. But that's not how it works when a vessel is arrested. Sure, it's detained and can't be moved, but the reason for doing so is usually because of monetary issues. In the maritime law, liens attach to a vessel and, typically, if you want to foreclose on a maritime lien, you arrest the vessel. That is, if you're the holder of a maritime you can generally seek the vessel's arrest in satisfaction of the lien. Say a marina hauled, stored and repaired a vessel. It probably has a lien for necessaries supplied to the vessel, and if the marina isn't paid, it may be able to arrest and seize the vessel. The court would likely require security be posted to release the vessel, and the claim would be adjudicated and the marina, if it prevails, would be paid from the posted security. If no one appears on behalf of the vessel or if no security is posted, the court may allow the marina to sell the vessel and the proceeds would be deposited with the court.
I know, I know. There's other reasons for arresting a vessel. You can arrest a vessel if there is a dispute over ownership or possession. In that case, the Court would usually hold the vessel until it resolved the parties' dispute. And then, of course, a vessel can be arrested and seized on the criminal side, but that's a whole other ball of Oakum.
Underway and making way.
--- JKF
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