Section 44: Powers of mortgagee
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
44. Powers of mortgagee
(1) Where under a deed the mortgagee is entitled to take possession of a
ship or where the mortgagor allows the ship to remain burdened with a maritime lien which impairs the security of the mortgage, the mortgagee may
take possession of the ship and shall, on taking possession, have all the
rights and powers of an owner in possession of the ship.
(2) Subject to subsection (3), every registered mortgagee shall have
power, if the mortgage money is due, to sell the ship or share in respect of
which he is registered, and to give effectual receipt for the purchase money.
(3) Where 2 or more mortgagees are registered in respect of the same
ship or share, a subsequent mortgagee shall not, except under an order of a
Court, sell the ship or share without the concurrence of every prior
mortgagee.