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Illinois Compiled Statutes
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CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. IV Pt. 2
(735 ILCS 5/Art. IV Pt. 2 heading)
Part 2.
Watercraft
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735 ILCS 5/4-201
(735 ILCS 5/4-201) (from Ch. 110, par. 4-201)
Sec. 4-201. Liens in general. Every sail vessel,
steamboat, steam dredge, tug boat, scow, canal boat, barge, lighter, and
other water craft of above five tons burthen, used or intended to be
used in navigating the waters or canals of this State, or used in trade
and commerce between ports and places within this State, or having their
home port in this State, shall be subject to a lien thereon, which lien
shall extend to the tackle, apparel and furniture of such craft, as follows:
1. For all debts contracted by the owner or part | | owner, master, clerk, steward, agent or ship's husband of such craft, on account of supplies and provisions furnished for the use of such water craft, on account of work done or services rendered on board of such craft by any seaman, master or other employee thereof, or on account of work done or materials furnished by mechanics, tradesmen or others, in or about the building, repairing, fitting, furnishing or equipping such craft.
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2. For all sums due for wharfage, anchorage or dock
| | hire, including the use of dry docks.
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3. For sums due for towage, labor at pumping out or
| | raising, when sunk or disabled, and to shipshusband or agent of such water craft, for disbursement due by the owner on account of such water craft.
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4. For all damages arising for the nonperformance of
| | any contract of affreightment, or of any contract touching the transportation of property entered into by the master, owner, agent or consignee of such water craft, where any such contract is made in this state.
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5. For all damages arising from injuries done to
| | persons or property by such water craft, whether the same are aboard said vessel or not, where the same shall have occurred through the negligence or misconduct of the owner, agent, master or employee thereon; but the craft shall not be liable for any injury or damage received by one of the crew from another member of the crew.
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(Source: P.A. 95-331, eff. 8-21-07.)
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735 ILCS 5/4-202
(735 ILCS 5/4-202) (from Ch. 110, par. 4-202)
Sec. 4-202.
Lien on goods for freight.
There shall also be a lien upon
the goods, wares and
merchandise shipped, taken in and put aboard any such water craft for
sums due for freight, advanced charges and demurrage, which shall be
collected against the goods, wares and merchandise in the same manner
as hereinafter provided in Part 2 of Article IV of this Act, in cases
of sums due against such water craft.
(Source: P.A. 83-707.)
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735 ILCS 5/4-203
(735 ILCS 5/4-203) (from Ch. 110, par. 4-203)
Sec. 4-203.
Limitation.
Any such lien may be enforced in the manner herein provided
at any time within 5 years. However, no creditor shall be allowed to
enforce such lien as against, or to the prejudice of any other creditor
or subsequent incumbrancer, or bona fide purchaser, unless
proceedings are instituted to enforce such lien within 9 months after
the indebtedness accrues or becomes due.
(Source: P.A. 82-280.)
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735 ILCS 5/4-204
(735 ILCS 5/4-204) (from Ch. 110, par. 4-204)
Sec. 4-204.
Complaint.
The person claiming to have a lien under the
provisions of Part 2 of Article IV of
this Act may file in the circuit court, in the county
where any such water craft may be found, a complaint, setting forth the
nature of his or her claim, the amount due after allowing all payments and just
offsets, the name of the water craft, and the name and residence of each
owner known to the plaintiff; and when any owner or his or her place of
residence is not known to the plaintiff, he or she shall so state, and that he or she
has made inquiry and is unable to ascertain the same, which complaint
shall be verified by the affidavit of the plaintiff or his or her agent or
attorney. If the claim is upon an account or instrument in writing, a
copy of the same shall be attached to the complaint.
(Source: P.A. 82-280.)
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735 ILCS 5/4-205
(735 ILCS 5/4-205) (from Ch. 110, par. 4-205)
Sec. 4-205.
Bond.
The plaintiff, or his or her agent or attorney, shall
also file with such complaint a bond, payable to the owner of the craft to be
attached, or, if unknown, to the unknown owners thereof, in at least
double the amount of the claim, with security to be approved by the
court, conditioned that the plaintiff shall prosecute his or
her action with effect, or, in case of failure therein, will pay all costs
and damages which the owner or other person interested in such water craft may
sustain, in consequence of the wrongful suing out of such attachment,
which bond may be sued by any owner or person interested, in the same
manner as if it had been given to such person by his or her proper name. Only
such persons shall be required to join in such suit as have a joint
interest. Others may allege breaches and have assessment of damages, as
in other actions on penal bonds.
(Source: P.A. 84-631.)
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735 ILCS 5/4-206
(735 ILCS 5/4-206) (from Ch. 110, par. 4-206)
Sec. 4-206.
Designation of defendants.
Upon the filing of such complaint
and bond, the court shall enter an order for attachment
against the owners of such water craft, directed to the sheriff of the
county, or other officer if the sheriff is disqualified or unavailable to
attach such water craft. Such owners may be designated by their reputed
names, by surnames, and joint defendants by their separate or partnership
names, or by such names, styles or titles as they are usually known. If the
name of any owner is unknown, he or she may be designated as unknown owner.
(Source: P.A. 84-631.)
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735 ILCS 5/4-207
(735 ILCS 5/4-207) (from Ch. 110, par. 4-207)
Sec. 4-207.
Order.
The order shall
command the sheriff or other officer to attach the vessel, its tackle,
apparel and furniture, to satisfy such claim and costs, and all such
claims as shall be exhibited against such vessel according to law, and
having attached the same, to summon the owners of such vessel, to be
and appear before the court on a specified date to answer what may
be claimed against them and the vessel.
(Source: P.A. 82-280.)
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735 ILCS 5/4-208
(735 ILCS 5/4-208) (from Ch. 110, par. 4-208)
Sec. 4-208.
Serving of order.
The sheriff or other officer to whom such
order for attachment is
directed shall forthwith serve a certified copy of the order upon such
defendant as summons is served in other civil cases, and
attaching the vessel, her tackle, apparel and furniture, and shall keep
the same until disposed of as hereinafter provided. The sheriff or
other officer shall also, on or before the return day in such order, or
at any time after the service thereof,
make a return to the court, stating therein particularly
his or her doings in the premises, and shall make, subscribe and annex thereto
a just and true inventory of all the property so attached.
(Source: P.A. 83-707.)
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735 ILCS 5/4-209
(735 ILCS 5/4-209) (from Ch. 110, par. 4-209)
Sec. 4-209.
Only one attachment.
Whenever such order for attachment
is entered and served, no other order for
attachment shall be entered against the same water craft, unless the first
attachment is discharged, or the vessel is bonded.
(Source: P.A. 83-707.)
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735 ILCS 5/4-210
(735 ILCS 5/4-210) (from Ch. 110, par. 4-210)
Sec. 4-210.
Notice by publication and mail.
Upon return being made to such
order, unless the vessel has
been bonded, as hereinafter provided, the clerk shall immediately cause
notice to be given in the same manner as required in other cases of
attachment. The notice shall contain, in addition to that required in
other cases of attachment, a notice to all persons to intervene for
their interests on a day certain, or that the claim will be heard ex
parte.
(Source: P.A. 83-707.)
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735 ILCS 5/4-211
(735 ILCS 5/4-211) (from Ch. 110, par. 4-211)
Sec. 4-211.
Seeking wrong remedy not fatal.
Where relief is sought
under Part 2 of Article IV of this Act and the court determines, on motion directed
to the pleadings, or on motion for summary judgment or upon trial, that
the plaintiff has pleaded or established facts which entitle the plaintiff
to relief but that the plaintiff has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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735 ILCS 5/4-212
(735 ILCS 5/4-212) (from Ch. 110, par. 4-212)
Sec. 4-212.
Intervention.
Any person having a lien upon or any interest
in the water craft attached, may intervene to protect such interest, by
filing a petition, entitled an intervening petition; and any person interested
may be made a defendant at his or her request, or that of any party to the
action, and may defend any petition by filing an answer as hereinafter provided,
and giving security, satisfactory to the court, to pay any costs arising
from such defense; and upon the filing of any intervening petition, a summons,
as hereinbefore provided, shall issue; and if the same shall be returned
not served, notice by publication may be given as hereinabove stated and
several intervening petitioners may be united with each other, or the original,
in one notice.
(Source: P.A. 82-280.)
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735 ILCS 5/4-213
(735 ILCS 5/4-213) (from Ch. 110, par. 4-213)
Sec. 4-213.
Bond by intervenor.
Any person intervening to enforce any
lien or claims adverse to the owners of the craft attached shall, at the
time of filing the petition, file with the clerk a bond as in the case of
original attachment.
(Source: P.A. 82-280.)
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735 ILCS 5/4-214
(735 ILCS 5/4-214) (from Ch. 110, par. 4-214)
Sec. 4-214.
Intervening petition.
Intervening petitions may be filed
at any time before the vessel is bonded, as provided in Section 4-216 of
this Act, or, if the same is not so bonded, before order for
distribution of the proceeds of the sale of the craft, and the same proceeding
shall thereupon be had as in the case of claims filed before sale.
(Source: P.A. 82-280.)
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735 ILCS 5/4-215
(735 ILCS 5/4-215) (from Ch. 110, par. 4-215)
Sec. 4-215.
Liens not filed cease.
All liens upon any water craft which
are not filed hereunder before sale under judgment, as hereinafter provided,
shall cease.
(Source: P.A. 82-280.)
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735 ILCS 5/4-216
(735 ILCS 5/4-216) (from Ch. 110, par. 4-216)
Sec. 4-216.
Bonding vessel.
The owner, his or her agent or attorney,
or any other person interested in such water craft, desiring the return
of the property attached, having first given notice to the plaintiff, his
or her agent or attorney, of his or her intention to bond the same, may,
at any time before judgment, file with the court in which the action is
pending, a bond to the parties, having previously filed a complaint or intervening
petition against such craft, in a penalty at least double the aggregate
of all sums alleged to be due the several plaintiffs or intervening petitioners,
with security to be approved by the court, conditioned that the obligors
will pay all moneys adjudged to be due such claimants, with costs of the action.
(Source: P.A. 82-280.)
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735 ILCS 5/4-217
(735 ILCS 5/4-217) (from Ch. 110, par. 4-217)
Sec. 4-217.
Appraisement - Restitution - Sale.
If the owner, his or
her agent or attorney, or other party in
interest, so elect, in place of bonding, as heretofore provided, such person
may apply to the court upon like notice, for an order
of appraisement of such water-craft so seized, by three competent
persons to be appointed by the court and named in the
order, and upon such party depositing with the clerk the amount of such
appraisement in money, or executing or filing with the clerk a bond for such
amount, executed as provided in the preceding section, the court shall
enter an order of restitution, as provided in the next
section, and if the claimant of such water-craft shall decline any such
application, or neglect within 20 days to accept such appraisement and make
the deposit, or give bond as hereinabove stated, or the property seized
shall be liable to decay, depreciation or injury from delay, the court, in
its discretion, may order the same or part thereof to be sold, and the
proceeds thereof to be brought into court to abide the results of the action.
(Source: P.A. 84-631.)
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735 ILCS 5/4-218
(735 ILCS 5/4-218) (from Ch. 110, par. 4-218)
Sec. 4-218.
Order of restitution.
Upon receiving a bond or deposit, as
provided in either of the foregoing sections, the court shall
enter an order of restitution, directing the officer who attached the
water-craft to deliver the same to the person from whose possession it was
taken, and the water-craft shall be discharged from all the
liens secured by such bond or deposit, unless the court,
upon motion, orders it again into custody on account
of the insufficiency or insolvency of the surety.
(Source: P.A. 84-631.)
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735 ILCS 5/4-219
(735 ILCS 5/4-219) (from Ch. 110, par. 4-219)
Sec. 4-219.
Additional security.
If any plaintiff or intervening petitioner,
at any time, deems
his or her security insufficient, or has become imperiled, he or she may, by motion
supported by affidavit filed, and upon notice served with copy of such
affidavit and motion, move the court to direct the giving of additional
security, which motion shall be promptly heard and determined, and such
order made therein as justice shall require; and the court may
enforce all orders so made by attachment for contempt against
persons, or by orders against such water-craft, or otherwise.
(Source: P.A. 83-707.)
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735 ILCS 5/4-220
(735 ILCS 5/4-220) (from Ch. 110, par. 4-220)
Sec. 4-220.
Answer - Default.
Within 3 days after the return day of summons - if
personally served 10 days before the day on which it is returnable, or
within 13 days after such return day, if personally served less
than 10 days prior thereto, or if not personally served, then within
the time prescribed in the published notice - the owner or any person
interested adversely to the claims mentioned in the notice, unless on
cause shown, further time shall be allowed by the court, shall plead to the complaint
as in other civil cases. If an answer is filed, the
answer shall respond completely and distinctly to each allegation of the
complaint, and shall be supported by affidavit.
If no such answer
or motion, together with an affidavit is filed within the
time above specified, the plaintiff is entitled to an order of default, and
the claim may be proved and judgment entered as in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/4-221
(735 ILCS 5/4-221) (from Ch. 110, par. 4-221)
Sec. 4-221.
Judgment when vessel discharged.
If, after trial, judgment
is entered in favor of the plaintiff,
and the water craft has been discharged from custody as herein provided,
the judgment shall be entered against the principal and sureties in
the bond. In no case shall the judgment exceed the
penalty of the bond, and the subsequent proceedings shall be the same as
now provided by law in actions in personam. If
the release has been upon deposit, the judgment shall be paid out of
the deposit.
(Source: P.A. 83-707.)
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735 ILCS 5/4-222
(735 ILCS 5/4-222) (from Ch. 110, par. 4-222)
Sec. 4-222.
Judgment when vessel in custody.
In case the water craft has
not been discharged from
custody, the judgment shall be that the same, with the appurtenances, be
sold at public sale by the sheriff, after notice of the time and place
of the sale, published as herein required in cases of seizure, at least
10 days before such sale. In case of petition filed
prior to distribution, the judgment shall be for payment out of the
proceeds of sale, and in case of claims filed against surplus proceeds,
the judgment, if in favor of the petitioner, shall, in substance, affirm
the claim to be sustained, and direct payment thereof from the surplus
proceeds.
(Source: P.A. 83-707.)
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735 ILCS 5/4-223
(735 ILCS 5/4-223) (from Ch. 110, par. 4-223)
Sec. 4-223.
Order of sale.
The court shall thereupon enter an order
of sale, commanding
the sheriff to sell such water craft as directed in the judgment, and to
return the certified copy of the order of sale within 24 hours after the
sale, with his or her
doings in the premises, and with proof by affidavit of the requisite
notice, with a copy of such notice.
(Source: P.A. 82-280.)
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735 ILCS 5/4-224
(735 ILCS 5/4-224) (from Ch. 110, par. 4-224)
Sec. 4-224.
Proceedings on sale.
It shall be the duty of the sheriff,
upon receiving the
amount of the bid at any sale, either before or after judgment, from the
purchaser, or in case the purchaser is the plaintiff or an intervenor, upon
receiving so much of the bid as the court directs
by order, reference being had to the relative amount of the
buyer's claim, to deliver such water craft and appurtenances to the
purchaser, with a bill of sale thereof, and to return and to deliver to
the clerk of court the amount received on such sale.
(Source: P.A. 82-280.)
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735 ILCS 5/4-225
(735 ILCS 5/4-225) (from Ch. 110, par. 4-225)
Sec. 4-225.
Bill of sale.
A copy of the last enrollment, if any, of such water craft
shall be recited in the bill of sale if such copy can be obtained, and a
copy of the judgment, with the order of sale, or if such craft is sold
pursuant to an order before judgment, a copy of such order shall also be
recited in such bill of sale, certified by the clerk, under the seal of
the court; and such bill of sale shall be full and complete evidence of
the regularity of the judgment or order and sale, in all courts and
places, and shall supersede the necessity of any other proof thereof to
validate the bill of sale; and all bills of sale containing such
recital, and supported by such proof, are effectual to pass the
title of such water craft.
(Source: P.A. 82-280.)
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735 ILCS 5/4-226
(735 ILCS 5/4-226) (from Ch. 110, par. 4-226)
Sec. 4-226.
Distribution.
The sum delivered by the sheriff to the clerk
of court as above set out,
shall be distributed by the court upon motion of any party in interest
of record, and due notice to the other parties, and after the following
manner:
First - The costs accruing upon all complaints filed before
distribution, and on which judgment is or may be thereafter entered in
favor of plaintiff.
Second - Seamen's (which term shall include the master) wages due upon
the last two voyages, or if shipped by the month the last two months.
Third - All other claims filed prior to order of distribution on which
judgment may be entered in favor of plaintiff, together with whatever
balance may be due seamen.
(Source: P.A. 83-707.)
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735 ILCS 5/4-227
(735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
Sec. 4-227.
Remnants.
Any portion of the sum so paid by the sheriff to the
clerk, or of a deposit remaining after such distribution as hereinabove
provided, shall be denominated remnants and surplus proceeds, and where any
claim or complaint is filed against the same as provided in Part 2 of Article IV of this Act, distribution shall be directed by the court
after judgment upon motion and notice, as provided in Section 4-226 of this
Act, and after the following order:
First - All costs upon claims passing into judgment which were filed
after distribution.
Second - All other liens enforceable under Part 2 of Article IV of this
Act against the water
craft prior to distribution.
Third - All claims upon mortgages of such water craft or other
incumbrances by the owner, in proportion to the interest they cover and
priority.
Fourth - Upon petition of the creditor, all judgments against the
owner, and which ought equitably to be paid out of the proceeds in
preference to the owner.
Fifth - The owner.
(Source: P.A. 91-357, eff. 7-29-99.)
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735 ILCS 5/4-228
(735 ILCS 5/4-228) (from Ch. 110, par. 4-228)
Sec. 4-228.
Power of court in distribution.
In case the sum for which
the water craft is sold is
sufficient to pay all the claims filed before distribution, with costs
thereon, and an appeal is taken as provided by law, the court may
order distribution of such portion of the sum brought on sale upon
judgments unappealed from as may seem just and proper.
(Source: P.A. 82-280.)
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