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405.   Sale of detained property

Revised Laws of Saint Lucia (2021)

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405.   Sale of detained property

  1.  

    (1)   The Principal Receiver may sell any vessel, aircraft, cargo apparel or wreck detained by him or her under section 404, when the person liable to pay the salvage in respect of which the property is detained is aware of the detention, in the following circumstances—

    1.  

      (a)     where the amount is not disputed and payment of the amount due is not made within 20 days after it has become due;

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      (b)     where the amount is disputed but no appeal lies from the decision of the court to which the dispute was referred, and payment is not made within 20 days after the decision of the court;

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      (c)     where the amount is disputed and an appeal lies from the decision of the court to which the dispute is referred, and within 30 days after the decision of the court no payment of the sum is made or proceedings are not commenced for the purpose of appeal or of obtaining leave to appeal.

  1.  

    (2)   The proceeds of sale of any vessel, aircraft, cargo, apparel or wreck shall, after deduction of the costs of the sale, be applied by the Principal Receiver in payment of the costs of salvage and the balance of the proceeds shall be paid to the owners of the property, or any other person entitled thereto or in the absence of any such owners or person, into the Consolidated Fund.

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