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A concept, which is distinct in admiralty law, is that a vessel
itself, and not just the vessel owner, can be liable for certain
types of maritime claims, including claims for personal injuries.
Thus, for certain types of maritime claims, the vessel is
"personified" and may be listed as a party Defendant
and legally liable for payment. It is these types of in rem
claims that allow the ship itself to be a Defendant in a legal
proceeding. A process in rem against the ship is in the nature
of a foreign attachment to compel the owner's appearance by
subjecting to the court's control property (the vessel) which
is within the court's territorial jurisdiction. In most cases
there will be a corresponding in personam claim (against the
individual) against the vessel owner, charterer or operator.
However, it is often the in rem claims that secure payment
of maritime liens under the following general priorities:
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1)
Wages of the ship's master and crew
2) Salvage operations
3) General average claims
4) Claims for breach of charter party
5) Preferred ship mortgages
6) Claims under maritime contracts for repairs, supplies,
towage, pilotage, wharfage and a wide variety of "necessaries"
7) Claims for maritime torts including personal injury, death,
and collision claims;
8) Claims for damage or loss of cargo
9) Claims by the carrier of cargo for unpaid freight and demurrage
10) Pollution claims
11) Other statutory claims and liens
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