Maritime Liens in the United States

hi guys welcome back to my channel so today in this video I will continue the previous video entitled by the Italians in the United States providing the necessaries must be provided by The Vessel by the person claiming a maritime lien under the c-a-m-l-a while this requirement may be simply State simply stated difficulties often arise satisfying this requirement in some instances the person claiming the very timely and may not have physically provided the necessary but may have merely arranged for the professions of necessaries under United States law a party need not be the physical supplier or daily for two have provided necessarilies within the meaning of cimla and remain eligible for a maritime million however particular attentions is needed in the circumstances to ascertain the press's constructual arrangement between all parties involved in these provisions of necessaries including any and all 

intermediate Theory intermediate Retreats and or brokers this is crucial to a certain manner in which all parties involve and the professions were originally written how they were compensated and or derived a profit and perhaps most importantly whether payment has been made by the person claiming a maritime billion this analysis is important to ensure that the person claiming the maritime lien is in fact providing the necessaries to the fact so as content as contemplated by cimla another difficulty arises due to the fact that maritimebrians are freely assignable under United States law accordingly particular attentions is needed to determine whether the person claiming the maritime being actually provided the necessaries to the vessel whether the party from whom they may have taken an assignment of the married family and actually provided the necessaries to the vessel necessaries necessaries is divine in cimla to include repair supplies to which and the use of a dry taco or Marine Railway in addition necessaries has been properly interpreted under universes law to mean any Goods or survives that are useful to the vessel keep her out of danger and enable her to perform her particular function example of 

valid necessaries includes the water during surprise pillar age surfaces Provisions for crew and passengers buffets and Turkish to which advertising and of course bunker and lubricating oil on the order of the owner or person authorized by the owner section 31341 A of cimla provides that the following person are presumes to have authority to prose sure Necessities for a vessel one the owner second semester three a person entrusted with the management of the vessel at the Port of supply of for an officer or a can appointed by the owner yeah you order PD shutters see the order prohib files or TN equipped by your impositions of the vessel as I said written from the clear language section 31341a of cimla for this person include Etc are presume to have authority to order such necessaries and this we and this by professional interim through the creations of a maritime lean another withstanding sections three one three four one a of c i m l a this General presumptions of authority can be rebooted if there is evidence there are supplies of necessaries head actual or constructive notice of relevant person 

including the shutters inability to create aliens on the vessel while the button of proof on owners to repute these presumptions is a heavy one others usually rely upon prohibitions often closest in two circumstances first it is common for honor to attempt to Prelude a shutter from having actual authority to incur only Mary timelines against the vessel by inserting a Prohibition of the enclosed commonly preferred to as an early and close in the shuttle party such clothes are valid and enforceable as between owners and chatters furthermore such closets will be effective against supplier of necessaries but only if they have actual knowledge of the clause at our people the time the necessaries are provided to the vessel those for example to prevent a bunker supplies engage by a Time shelter from obtaining a maritime lien against the vessel for the value of the bunkers notice of the prohibitions of the enclosed in the shuttle party must be provided to the physical super Erp for the bunker are are pumped on board the 

vessel notice of the prohibitions of lean close given after the bunkers are pumped on board will be ineffective to prevent a maritime lean Rising second it is common practice to grow this type of prohibitions of lean close of the panga delivery receipt however the stem of a bunker delivery received with a notice of the prohibitions of Leon clothes will only be effective if it is done before the bunkers are pampered on Port on the vessel enforcement truly of the supplemental rules for admiralty or Maritime claims and assets for future actions and the federal rules of civil procedure for fighting mechanism by which Maritime lands can be enforced against vessel and or other Maritime property rusi arrest can be United utilities to either a acquire jurisdictions of a defendant pieces property to obtain security for a claim and RC says property in connections with the enforcement of a judgment Tulsi isn't a rim rested on a vessel or other Maritime property which is proved directly against the vessel I don't 

see in dream actions may be brought only by playing Dave who's horses America and induce the in-room process may be accepted only against the specific property that is subject of the maritime lien priorities should it be necessary to enforce Maritime lens and or preversible cage against Maritime property through a Judicial cell that is spreaded through mine priority of claims under the unit that's low determining the priorities to any cell proceed involves a two-step process breaking and classify the different places to lions and armored cage and limited mining what could what claims come first within each Place each Clause each class with respect to ranking classes of claims the following author is adopted one expenses of Justice in cure during an arrest two master and cool which means treason fish and general apparitions for third liens including personal injury Center 5 mortgage framework cage that will remaritamins for necessaries six prevalent Kitchen in 7th Century Maritime means for Necessities AIDs that love created many time Millions 9 Millions were violating our federal status 10 prevalent meditamins including tax liens and 10 11 attached Millions and then the 12 made aliens in bankruptcy so that's all the article bye bye and see you on the next video bye