Article 17 Removal of vessels
Where any vessel is sunk, stranded or abandoned in any part of the river within 200 metres of the barrier gates or without lawful authority left or moored in any such part, the Rivers Authority, after consultation with the Colchester Port Authority, may take all such action as may be necessary to remove the vessel.
The Rivers Authority may recover from the owner of any vessel removed by them under the foregoing paragraph all expenses reasonably incurred by them in respect of the removal and storage of the vessel and of any furniture and tackle thereof or any cargo, goods, chattels and effects removed therefrom.
If any such vessel be not within six weeks of its removal by the Rivers Authority proved to their satisfaction to belong to any claimant, it shall together with any furniture, tackle, cargo, goods, chattels and effects thereupon vest in the Rivers Authority:
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Provided that if within six months of its removal by the Rivers Authority a claim is made to the vessel by a person who subsequently proves to the satisfaction of the Rivers Authority that he is the owner thereof, then they shall–
- (i)
if the vessel is unsold, permit the owner to retake it with any furniture, tackle, cargo, goods, chattels and effects, thereupon upon payment of the expenses referred to in paragraph (2) of this Article, or
- (ii)
if the vessel, furniture, tackle, cargo, goods, chattels and effects have been sold, the Rivers Authority shall pay to such owner the amount of the proceeds of such sale after deducting the said expenses, and in case such proceeds shall be insufficient to reimburse the Rivers Authority such expenses, the deficiency may be recovered by the Rivers Authority as a simple contract debt.
- (i)
Except where there is, in the Rivers Authority’s opinion, an emergency, paragraph (1) of this Article shall not authorise the removal of any vessel by the Rivers Authority unless the Rivers Authority have given to the owner of the vessel not less than forty-eight hours' notice of their intention to remove the vessel.
If before such notice expires the Rivers Authority receive from the owner a counter-notice in writing that he desires to remove the vessel himself, he shall be at liberty to do so and the Rivers Authority shall not take any action to remove the vessel themselves until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the removal thereof with reasonable diligence and in compliance with any directions given to him by the Rivers Authority for the protection of the barrier or by the Colchester Port Authority for the prevention of interference with navigation.
If the owner of a vessel to whom notice is to be given under this Article is not known to the Rivers Authority or if his place of business or abode is not known to the Rivers Authority or is outside the United Kingdom, the notice may be given by affixing it to the vessel in a conspicuous position.
In this Article “owner” in relation to any vessel sunk, stranded, abandoned, left or moored as aforesaid means the owner of the vessel at the time of the sinking, stranding, abandonment, leaving or mooring thereof.