Legal Definitions - commission of appraisement and sale

A commission of appraisement and sale is a specific type of court order issued in maritime law cases. It directs that a particular piece of property, most commonly a vessel, which is itself the subject of a lawsuit (known as an in rem action), must be officially valued (appraised) and then sold. The purpose of this sale is typically to satisfy a judgment or claim against that specific property, such as unpaid debts, liens, or damages.

Here are some examples to illustrate this concept:

• Unpaid Shipyard Repairs: Imagine a large container ship, the Ocean Voyager, undergoes extensive repairs at a shipyard. The ship's owner, facing financial difficulties, fails to pay the substantial repair bill. The shipyard, to recover its costs, initiates an in rem admiralty action directly against the Ocean Voyager itself, rather than against the owner personally. If the court rules in favor of the shipyard, it may issue a commission of appraisement and sale. This order would direct that the Ocean Voyager be professionally valued and subsequently sold at a public auction, with the proceeds used to pay the shipyard for the outstanding repair costs.

• Salvage Claim: A private yacht, the Starlight Express, becomes disabled and adrift far offshore. A professional salvage company successfully tows the yacht to safety in port. The yacht's owner, however, disputes the salvage fee and refuses to pay. The salvage company then files an in rem admiralty claim against the Starlight Express to secure payment for their services. If the court determines the salvage claim is valid and the owner still does not pay, a commission of appraisement and sale could be issued, leading to the yacht being appraised and sold to cover the salvage award.

• Unpaid Crew Wages: The crew members of a fishing trawler, the Bountiful Catch, have not received their wages for several months due to the owner's insolvency. The crew, asserting their legal right to a maritime lien for unpaid wages, collectively files an in rem admiralty action against the Bountiful Catch. To ensure the crew receives their rightful compensation, the court might issue a commission of appraisement and sale, directing that the fishing trawler be valued and sold, with the funds generated used to pay the outstanding wages to the crew members.