Section 22: Power to distrain

22. Power to distrain (1) If the owner or master of any vessel in respect of which any rates, charges, dues or fees or other sums are payable under this Act or any subsidiary enactment made under it refuses or neglects to pay the same or any part thereof on demand, the Authority may, notwithstanding any other enactment but without prejudice to any other remedy which it may be entitled to use, distrain or arrest of its own authority the vessel and the bunkers, tackle, apparel or furniture belonging thereto or any part thereof, and detain the same until the amount so due is paid. (2) If any part of such rates, charges, dues, or fees or other sums, or the costs of the distraint or arrest, or of the keeping of the vessel, bunkers, tackle, apparel or furniture belonging thereto remains unpaid for 30 days, the Authority may, notwithstanding any other enactment, cause the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested to be sold and disposed of in such manner as shall be prescribed and may recover as a debt, in any Court of competent jurisdiction, from the owner or master of the vessel, the expenses of such distraint, arrest, sale or disposal or attempted sale or disposal of the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested. (3) The proceeds of sale of the vessel and bunkers, tackle, apparel or furniture so distrained or arrested may be used by the Authority to satisfy those rates, charges, dues, fees or other sums and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the owner or master of the vessel on demand and, in case no such demand is made within one year from the date of the disposal of the vessel and bunkers, tackle, apparel or furniture, by paying the surplus to the account of the Authority, whereupon all rights to the same by such person shall be extinguished. [Issue 1] P14 – 12 Revised Laws of Mauritius (4) If the Authority gives to the Director of Shipping a notice stating that an amount specified in the notice is due in respect of rates, charges, dues, fees or other sums payable under this Act or any subsidiary enactment made under it against the vessel or the owner or master of the vessel, the Director of Shipping shall not grant port clearance under the Merchant Shipping Act until the amount so chargeable has been paid or security has been given to the satisfaction of the Authority for such amount. PART IV – GENERAL POWERS AND DUTIES