ORS 783.090
Discharge of boat or vessel on giving of undertaking

If the master, owner, agent or consignee, before final judgment in any action commenced in pursuance of ORS 783.030 (Right to proceed against boat or vessel directly) and 783.040 (Complaint), enters into an undertaking in favor of the plaintiff, with sufficient security, to be approved by the judge or clerk of the court in which the action is pending, conditioned to satisfy the amount which is adjudged due and owing to the plaintiff on determination of the action, together with all costs accruing, such boat or vessel, with its tackle, apparel and furniture, shall be discharged from further detention by the sheriff.

Source: Section 783.090 — Discharge of boat or vessel on giving of undertaking, https://www.­oregonlegislature.­gov/bills_laws/ors/ors783.­html.

Notes of Decisions

Statute, when construed to permit owner to obtain post-seizure hearing to challenge legality of seizure, validity of claim or amount claimed in order to fix amount of undertaking necessary to release vessel, does not violate constitutional due process requirements. Rocky B. Fisheries v. North Bend Fabrication & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied

783.010
Claims for which liens accorded 783.020
Lien priority 783.030
Right to proceed against boat or vessel directly 783.040
Complaint 783.050
Issuance of warrant for seizure of boat or vessel 783.060
Procedure after return of warrant 783.070
Persons authorized to appear for boat or vessel 783.080
Judgment by default 783.090
Discharge of boat or vessel on giving of undertaking 783.100
Return of deposit 783.110
Order for sale on judgment 783.120
Judgment on undertaking 783.130
Bill of sale of boat or vessel 783.140
Rights of other lien claimants 783.150
Distribution of proceeds of sale 783.160
Sale of appurtenances for fractional share of boat or vessel 783.170
Limitation of actions 783.310
Destruction or injury of property by watercraft 783.320
Injuries to persons or property ashore 783.330
Attachment against vessel 783.340
Redelivery of attached vessel 783.350
Nonresident owners 783.360
Priority of attachment 783.400
Shipbreaking 783.510
Enticement of seamen to desert or leave ship 783.520
Harboring and secretion of seamen 783.530
Receipt of compensation from seaman for furnishing employment 783.550
Unauthorized boarding of nonpassenger vessel 783.560
Arrest of officers and seamen for debt prohibited 783.570
Enforcement officer in Portland and Astoria 783.580
Tugboat operator refusing to tow 783.590
Lowering of smokestacks of vessels navigating upper Willamette 783.610
Offenses relating to buoys and beacons 783.620
Discharge of ballast in navigable waters 783.625
Definitions for ORS 783.625 to 783.640 783.630
Application 783.635
Discharge of ballast water prohibited 783.636
Fees 783.637
Late charges 783.638
Ballast Water Fund 783.640
Reporting of ballast water management 783.990
Penalties 783.992
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 783.090’s source at oregon​.gov