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§ 1437. Upon the accounting mentioned in the last section, whether a jury be called or not, witnesses may be produced by either party, and judgment must be rendered upon the amount found by the jury or the justice; which judgment has the same effect, is subject to appeal, and may be enforced in the same manner, as a judgment in an ordinary action in a justice's court.

§ 1438. After the performance of the work, or the supply of the materials, and the expiration of any credit stipulated for the payment, the lien mentioned in this chapter may be enforced, by an action. In such action, all persons whose liens are registered, as provided in section 1433, may be made parties, and the court may, by the judgment, direct a sale of the land and building for the satisfaction of the liens and costs; such sale to be without prejudice to the rights of any prior incumbrancer, owner or other persons not parties to the action. If several such actions be brought by different claimants, and be pending at the same time, the court may order them to be consolidated into one.

CHAPTER III.

LIENS ON VESSELS.

SECTION 1439. Liens on vessels allowed, cases specified. 1440. Manner of enforcing liens.

1441. All persons having an interest to be parties.

1442. Summons, its contents and service.

1413. Vessels may be attached.

1444. Several actions may be consolidated.

1445. Vessels under seizure by United States, exempt.

§ 1439. A debt, amounting to at least fifty dollars, contracted in this state by the owner, master, agent or consignee of a vessel, is a lien upon the vessel, her tackle, apparel and furniture, when contracted for either of the following purposes:

1. Work done, or materials furnished in this state, towards the building, repairing, equipping and furnishing thereof;

2. Provisions and stores furnished in this state, proper for the use of the vessel at the time they were furnished;

3. Wharfage and keeping the vessel in port, including the expense of employing persons to watch her.

This lien has preference over every other lien, except for mariners' wages. But it ceases in twelve days. after the vessel leaves the port where the debt was contracted for another place in this state, and immediately upon her leaving this state.

4. Damage, occasioned to a vessel by collision with another, through the negligence or wilful misconduct

of its navigator, if it exceed fifty dollars, is also for thirty days after the collison, a lien upon the vessel doing the injury.

See 2 R. S., 493,500, and Laws of 1831, chap. 318.

§ 1440. The lien mentioned in the last section, may be enforced by an action; in which the court may order the sale of the vessel and the tackle, apparel and furniture thereof, or the tackle, apparel and furniture alone, and the application of the proceeds for the purpose of satisfying the liens thereon. Upon a judgment of sale, the sale must be made by the sheriff, and his bill of sale, made in pursuance thereof, vests in the purchaser a valid title to the property sold, as against all the parties to the action.

§ 1441. Every person having an interest in, or lien upon the vessel whose name is known to the plaintiff, must be made by name, a party to the action, either as plaintiff or defendant, and all other persons having such interest or lien, are to be deemed parties. defendants.

§ 1442. The summons must be directed by name to the known defendants, and generally to all other persons unknown having an interest in the vessel or a lien thereon, and must contain a brief description of the vessel, stating, if contained in the complaint, its name, the port to which it belongs, the name of its last comman

der, and briefly the object of the action, The summons must be served upon the defendants named therein as prescribed in section 628, and upon the unknown defendants as prescribed in sections 629 and 630.

§ 1443. In such action, the plaintiff, at the time of filing the complaint, may have the vessel attached as a security for the satisfaction of such liens as shall thereon be adjudged valid. The mode of proceeding to obtain such attachment, to execute and discharge it, is the same as upon the ordinary provisional remedy by attachment.

§ 1444. If several such actions be brought by different persons having liens upon the same vessel, and be pending at the same time, the court may order them to be consolidated into one.

§ 1445. No proceeding under this chapter can be had against a vessel which shall have been seized by virtue of process from a court of the United States, having admiralty jurisdiction, while such vessel is actually held under such seizure, nor against a vessel which shall have been sold by order of such court, except for debts contracted after the sale. But nothing in this section impairs the validity of any lien created by this chapter, the payment of which shall be decreed by a court of the United States.

CHAPTER IV.

LIENS ON CARGOES FOR WHARFAGE.

SECTION 1446. Lien for wharfage, when.
1447. Notice to be given.

1448. Appraisement to be made.

1449. Sale how made.

§ 1446. When a vessel has lain twenty-four hours at a wharf in this state, for which wharfage is due, and the same has been demanded of the master or owner, by notice left on board with one of the company of the vessel, and neither payment is made nor security given therefor, the owner of the wharf may distrain any chattels on board the vessel for the amount; and so, from time to time as often as twenty-four hour's wharfage becomes due. The distress must be made by a constable or marshal.

§ 1447. The officer making the distress, must immediately give notice thereof, with the cause of the distress, the amount of wharfage due, and an inventory of the property taken, by leaving it on board with one of the company of the vessel.

§ 1448. If, at the expiration of five days after the notice, the wharfage due, with the costs of the distress, be not paid, and the property distrained, be not legally reclaimed, the officer must summon two disinterested

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