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This entry was published on 2014-09-22
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Seizure of public vessels
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 2
§ 69. Seizure of public vessels. Whenever the inspector shall find
after investigation or have reasonable cause to believe that any public
vessel is being operated in contravention of the provisions of this
article, or is being operated by an unlicensed person by and with the
consent of the owner, he may seize and impound such vessel until the
termination of the action against the owner to recover the penalty
therefor and thereafter until the penalty imposed by the court or
justice has been paid. Such seizure and impoundment of any public vessel
by the inspector shall be at the owner's risk. Within fifteen days after
the entry of judgment by the court or justice, the inspector may, unless
the judgment be sooner paid and in lieu of proceeding by body execution,
sell the public vessel so impounded at public sale upon notice to the
owner. Notice of the sale, specifying the date, place and hour of the
sale shall be served upon the owner of the public vessel personally or
by registered mail addressed to him at his last known post-office
address, and published not less than ten days before the sale. The
publication of notice of sale shall be made in a newspaper or newspapers
designated by the commissioner having general circulation in the county
where the public vessel was seized and impounded. The proceeds of sale
shall first be applied in payment of the judgment and expenses of sale
and the remainder shall be paid to the owner of the public vessel or
other person lawfully entitled thereto. If the commissioner is unable to
determine by reasonable investigation the person or persons entitled to
the remainder of the proceeds of sale, he may deposit the same with the
supreme court in the third judicial district for final determination