Section 69. Seizure of public vessels


Latest version.
  • Whenever the inspector shall find
      after investigation or have reasonable cause to believe that any  public
      vessel  is  being  operated  in  contravention of the provisions of this
      article, or is being operated by an unlicensed person by  and  with  the
      consent  of  the  owner,  he may seize and impound such vessel until the
      termination of the action against  the  owner  to  recover  the  penalty
      therefor  and  thereafter  until  the  penalty  imposed  by the court or
      justice has been paid. Such seizure and impoundment of any public vessel
      by the inspector shall be at the owner's risk. Within fifteen days after
      the entry of judgment by the court or justice, the inspector may, unless
      the judgment be sooner paid and in lieu of proceeding by body execution,
      sell the public vessel so impounded at public sale upon  notice  to  the
      owner.  Notice  of  the sale, specifying the date, place and hour of the
      sale shall be served upon the owner of the public vessel  personally  or
      by  registered  mail  addressed  to  him  at  his last known post-office
      address, and published not less than  ten  days  before  the  sale.  The
      publication of notice of sale shall be made in a newspaper or newspapers
      designated  by the commissioner having general circulation in the county
      where the public vessel was seized and impounded.  The proceeds of  sale
      shall  first  be applied in payment of the judgment and expenses of sale
      and the remainder shall be paid to the owner of  the  public  vessel  or
      other person lawfully entitled thereto. If the commissioner is unable to
      determine  by reasonable investigation the person or persons entitled to
      the remainder of the proceeds of sale, he may deposit the same with  the
      supreme  court  in  the  third judicial district for final determination
      thereon.