CHAPTER 2. Civil Actions and Liens [450. - 509.]

Heading of Chapter 2 amended by Stats. 1970, Ch. 1341.

§§ 450–509 · 50 sections

1. ARTICLE 1. Bottomry §§ 450–462 · 13 sections

   • § 450 Bottomry is a contract by which a vessel or its freightage is hypothecated as security for a loan, which is to be repaid only if the vessel survives a…
   • § 451 The owner of a vessel may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place.
   • § 452 The master of a vessel may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the objects…
   • § 453 The master of a vessel can hypothecate it upon bottomry only when he can not otherwise relieve the necessities of the vessel, and is unable to reach adequate…
   • § 454 The master of a vessel may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the vessel by him.
   • § 455 Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts. But a…
   • § 456 A lender upon a contract of bottomry, made by the master of a vessel, as such, may enforce the contract, though the circumstances necessary to authorize the…
   • § 457 A stipulation in a contract of bottomry, imposing any liability for the loan independent of the maritime risks, is void.
   • § 458 If there is a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can recover nothing; if a partial loss,…
   • § 459 Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified in…
   • § 460 A bottomry lien is independent of possession, and is lost by omission to enforce it within a reasonable time.
   • § 461 A bottomry lien, if created out of a real or apparent necessity, in good faith, is preferred to every other lien or claim upon the same thing, excepting only a…
   • § 462 Of two or more bottomry liens on the same subject, the latter in date has preference, if created out of necessity.
2. ARTICLE 2. Respondentia §§ 470–474 · 5 sections

   • § 470 Respondentia is a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent on maritime risks.
   • § 471 The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any purpose.
   • § 472 The master of a vessel may hypothecate its cargo upon respondentia only if all of the following conditions exist: (a) He would be authorized to hypothecate the…
   • § 473 The owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order to discharge a lien under a contract of…
   • § 474 The provisions of sections 455 to 462 of this code apply equally to loans on respondentia.
3. ARTICLE 3. Actions Against Vessels §§ 490–497 · 16 sections

   • § 490 Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491. Actions for any of the…
   • § 491 All vessels are liable for: (a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees.…
   • § 492 The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily…
   • § 493 The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every…
   • § 494 The cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be misplaced,…
   • § 495 In any action brought pursuant to the provisions of this chapter, the complaint shall designate the vessel by name, and shall be verified by the oath of the…
   • § 495.1 Notwithstanding Section 483.010 of the Code of Civil Procedure, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the…
   • § 495.3 The writ shall be directed to the sheriff of the county within which the vessel lies, or the marshal of the court, and direct him or her to attach the vessel,…
   • § 495.4 The sheriff or marshal to whom the writ is directed and delivered shall execute it without delay, and shall attach and keep in his or her custody the vessel,…
   • § 495.5 The owner, or the master agent, or consignee of the vessel, may, on behalf of the owner, appear and answer or plead to the action and may object to the…
   • § 495.6 After the attachment is levied, the owner, or the master, agent, or consignee of the vessel, may, in behalf of the owner, have the attachment discharged, upon…
   • § 495.7 After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as…
   • § 495.8 If the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, and an execution is issued thereon, the sheriff or…
   • § 495.9 Any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages against the vessel, the…
   • § 496 If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in Section 495.9, is not contested within five days after…
   • § 497 The notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general description of her…
4. ARTICLE 4. Boaters Lien Law §§ 500–509 · 16 sections

   • § 500 This article shall be known and may be cited as the “Boaters Lien Law”.
   • § 501 As used in this article: (a) “Department” means the Department of Motor Vehicles or any successor agency thereto which registers vehicles. (b) “Mail” means…
   • § 501.3 The time a notice or statement is given or sent, unless otherwise expressly provided, means the time a written notice to a person is deposited in the United…
   • § 501.5 The possessory vessel lien procedures described by the provisions of this article shall supersede any local ordinance and shall provide the exclusive means of…
   • § 502 (a) Except as provided in Article 1.5 (commencing with Section 410) of Chapter 1 of Division 3, every person has a lien dependent upon possession of the vessel…
   • § 503 (a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to the provisions of this section for any…
   • § 504 (a) For vessels with a value determined to be one thousand five hundred dollars ($1,500) or less, the department shall promptly furnish the lienholder with the…
   • § 505 (a) A registered or legal owner of a vessel may release any interest in the vessel after the lien has arisen. The release shall be dated when signed and a copy…
   • § 505.5 (a) Whenever the lien upon any vessel is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vessel by the former…
   • § 506 No lien sale shall be undertaken pursuant to Section 503 or 504 unless the vessel has been available for inspection at a location easily accessible to the…
   • § 506.5 Within 10 days after the sale of any vessel pursuant to the provisions of Section 503 or 504, the legal or registered owner may redeem the vessel upon the…
   • § 507 (a) Except as provided in subdivision (b), at the time a lienholder applies to the department to conduct a sale under Section 504, the lienholder shall submit…
   • § 507.5 The proceeds of a vessel lien sale shall be disposed of as follows: (a) The amount necessary to discharge the lien and the actual cost of selling the vessel…
   • § 508 A lien provided for in this article for repairs, labor, supplies, or materials for, or for storage or safekeeping of, a vessel may be assigned by written…
   • § 508.5 All forms required pursuant to this article shall be prescribed by the department. Language used in the notices and declarations shall be simple and…
   • § 509 No lien shall attach to any personal property in or on the vessel except that which is carried on the vessel for lifesaving, safety, mooring, and operating…