10 §3868. Sale of vessels attached by lien and nonlien claims
§3868. Sale of vessels attached by lien and nonlien claims When a vessel attached for liens and also in the ordinary manner is sold by order of the court and the proceeds are more than sufficient to satisfy the lien judgments, the surplus shall be paid to the officer to be held upon the writs […]
10 §3869. Admiralty powers of court
§3869. Admiralty powers of court The court, like a court in admiralty, may make all orders necessary for carrying out this chapter according to their true intent and meaning.
10 §3855. Attachment of vessels on stocks; sale
§3855. Attachment of vessels on stocks; sale If the vessel at the time is on the stocks, the attachment shall be made by filing in the office of the clerk of the town in which such vessel is, within 48 hours thereafter, a copy of so much of his return on the writ of attachment […]
10 §3856. Service of summons on debtors and owners
§3856. Service of summons on debtors and owners The summons and complaint shall be served as in other actions on persons named as personally liable for the plaintiff’s claim. A copy of the summons and complaint and writ of attachment shall also be posted in some conspicuous place on the vessel attached and mailed to […]
10 §3857. Subsequent writs to be served by same officer unless disqualified
§3857. Subsequent writs to be served by same officer unless disqualified On all writs of attachment made after the first attachment and while any lien attachment is pending, the attachment and services shall be made by the same officer, or, if he is disqualified, by any qualified officer, by his giving notice thereof to the […]
10 §3858. Entry of action; who may defend; bond
§3858. Entry of action; who may defend; bond The actions shall be entered on the docket as follows: The person claiming the lien, as plaintiff, the person alleged to be personally liable, as defendant, and the name or other description of the vessel attached. The owners or mortgagees of the vessel, or any plaintiff in […]
10 §3859. Offer of default; admission of sum due
§3859. Offer of default; admission of sum due The defendant may offer to be defaulted as in other cases. The owners of the vessel may admit, in writing filed with the clerk, that a certain sum is due the plaintiff as a lien on the vessel. If the plaintiff does not recover a greater sum […]
10 §3860. Apportionment of costs
§3860. Apportionment of costs The court, except as provided in section 3859, may decide all questions of costs and apportion them as they think proper.
10 §3861. Framing of issues
§3861. Framing of issues At the request of either party, the following questions of fact shall be submitted to a jury: “What amount claimed in the complaint is due from the defendant to the plaintiff?” and “For how much of such amount has the plaintiff a lien on the vessel attached?” The verdict shall be […]
10 §3862. Judgment against defendant
§3862. Judgment against defendant Upon ascertaining the amount, judgment shall be rendered in his favor against the defendant as in other personal actions, for the amount found not to be a lien on the vessel, with such costs as the court awards. A separate judgment shall be rendered in his favor against said defendant and […]