I. Any person who maintains a public boatyard, marine dealership or the like who shall, by himself or others, haul, transport, move or expend money in hauling, transporting or moving a vessel, boat, or vessel or boat motor under a contract, expressed or implied, with the legal or equitable owner shall have a lien upon such vessel, boat, or vessel or boat motor so long as the same shall remain in his possession, until the charges for said services have been paid.
II. In the event such person performing services described in this section relinquishes possession of said vessel, boat, or vessel or boat motor, the lien created by paragraph I shall thereupon terminate, and such person shall thereafter have a non-possessory lien in said vessel, boat or vessel or boat motor which shall continue for 2 years from the time the indebtedness became due and payable. Such non-possessory lien shall be subordinate to all prior and subsequent security interests perfected in accordance with RSA 382-A, Article 9, and to the rights of subsequent purchasers for value without actual notice of such lien. It shall be enforceable by suit at law against the debtor commenced within such 2-year period, and to which all persons claiming a legal or equitable interest in the vessel, boat, or vessel or boat motor are made parties. If the lienholder shall peaceably regain possession of such vessel, boat, or vessel or boat motor within such 2-year period and, if the rights of a purchaser for value without actual notice have not intervened, then such lien may be enforced by sale in accordance with RSA 450-A:4, except that the proceeds of any such sale shall be first used to satisfy any security interests hereinbefore mentioned to which such lien is subordinate.
Source. 1977, 349:1, eff. July 1, 1977.