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18. That the Owners shall have a lien upon all cargoes, and all sub-freights for any amounts due
under this Charter, including General Aver-
age contributions, and the Charterers to have a lien on the Ship for all monies paid in advance and not earned, and any overpaid hire or excess
deposit to be returned at once. Charterers will not suffer, nor permit to be continued, any lien or encumbrance incurred by them or their agents, which
might have priority over the title and interest of the owners in the vessel.”
Owners’ security for charterers’ obligations
Clause 18 of the New York Produce form gives the owners two rights of ‘lien’ with which they can enforce their rights to hire and other sums due under the charter: first, a lien over the cargo on board and second, a ‘lien’ over any freights earned by charterers or sub-charterers during the period of the charter.
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