Section 48: Priority of maritime liens

48. Priority of maritime liens (1) A maritime lien shall take priority over mortgages and preferential rights registered under the Bankruptcy Act and privileges arising under articles 2143 to 2162 of the Code Civil Mauricien, and except as provided in subsection (2), no other claim shall take priority over it. (2) Maritime liens shall— (a) rank in the order in which they are listed in section 47 (1), except that a maritime lien securing a claim for remuneration of salvage shall take priority over every other maritime lien which has attached to the ship before the operation giving rise to the lien was performed; (b) in the case of claims arising under paragraphs (a), (b), (d) and (e) of section 47 (1), rank pari passu among themselves; (c) in the case of claims for remuneration of salvage arising under paragraph (c) of section 47 (1), rank in the inverse order of the time when the claim accrued, and for this purpose a claim shall be deemed to have accrued on the day on which the salvage operation was terminated. (3) A claim in respect of general average contributions, and other maritime claims based on contract, shall rank lower in priority to the maritime liens set out in section 47 (1) and to mortgages. M62 – 31 [Issue 2] Merchant Shipping Act