Section 570.412 – Liens Not Filed Before Sale; Cessation.
570.412 Liens not filed before sale; cessation. Sec. 12. All liens upon any water-craft, which shall not be filed hereunder, before sale under decree or judgment, as hereinafter provided, shall cease. History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL 1871, 6658 ;– How. 8246 ;– CL 1897, 10799 ;– CL 1915, […]
Section 570.413 – Writ of Restitution; Application, Issuance.
570.413 Writ of restitution; application, issuance. Sec. 13. The master or any person interested in such water-craft, so seized as aforesaid may at any time before judgment or decree of sale shall be made as hereinafter provided, apply to the clerk issuing the warrant for a writ of restitution. Said writ shall command the sheriff […]
Section 570.414 – Bond on Restitution; Conditions, Sureties.
570.414 Bond on restitution; conditions, sureties. Sec. 14. Such person shall execute and file with the clerk a bond to the parties having previously filed complaints, in a penalty at least double the aggregate of the sums alleged to be due in all such complaints previously filed: Provided, That upon good cause shown by affidavit, […]
Section 570.415 – Bond on Restitution; Notice of Application; Sureties, Justification and Examination.
570.415 Bond on restitution; notice of application; sureties, justification and examination. Sec. 15. Upon application to the clerk to bond, as aforesaid, notice thereof shall be given to the attorney of the complainants, of at least 3 hours if the attorney reside in the same city or village with the clerk, and if not, the […]
Section 570.416 – Motion for Additional Security.
570.416 Motion for additional security. Sec. 16. If such complainant shall at any time become satisfied that his security has become imperiled, he may by motion founded upon affidavit filed, and upon notice served with copy of papers, move the court or judge thereof to direct the giving of additional security, which motion shall be […]
Section 570.417 – Order of Appraisement; Issuance of Writ of Restitution; Court Order for Sale to Prevent Loss.
570.417 Order of appraisement; issuance of writ of restitution; court order for sale to prevent loss. Sec. 17. If any party in interest so elect, in place of bonding as aforesaid, he may apply to the court or judge thereof upon like notice as aforesaid, for an order of appraisement of such water-craft so seized, […]
Section 570.418 – Writ of Restitution; Issuance by Clerk Upon Receipt of Security, Discharge From Lien.
570.418 Writ of restitution; issuance by clerk upon receipt of security, discharge from lien. Sec. 18. Upon receiving a bond or deposit as aforesaid, it shall be the duty of the clerk to issue a writ of restitution, directing the person who seized the water-craft to deliver the same to the person from whose possession […]
Section 570.419 – Entry of Appearance; Notice, Default.
570.419 Entry of appearance; notice, default. Sec. 19. Within 14 days after the return day of the summons, if personally served, or if not served then within the time prescribed in the published notice, the owner or any person interested adversely to the claims mentioned in the notice, may enter an appearance by attorney, in […]
Section 570.420 – Answer or Demurrer; Time for Filing, Effect of Answer.
570.420 Answer or demurrer; time for filing, effect of answer. Sec. 20. Within 10 days after service of a copy of complaint unless on cause shown, further time shall be allowed by the circuit judge, or circuit court commissioner of the proper county, the party defending shall demur or file his answer upon oath or […]
Section 570.406 – Warrant; Return.
570.406 Warrant; return. Sec. 6. Such sheriff shall also, within 10 days after such seizure, make a return to the court who issued the warrant, stating therein, particularly, his doings in the premises, and shall make out, subscribe and annex thereto a just and true inventory of all the property so seized. History: 1864, Ex. […]