§3851. Domestic vessels All domestic vessels shall be subject to a lien to any part owner or other person to secure the payment of debts contracted and advances made for labor and materials necessary for their repair, provisions, stores and other supplies necessary for their employment, and for the use of a wharf, dry dock […]
§3852. Labor and materials; owners of dry docks or marine railways Whoever furnishes labor or materials for building a vessel has a lien on it therefor, which may be enforced by attachment thereof within 4 days after it is launched; but if the labor and materials have been so furnished by virtue of a contract […]
§3853. Writ for enforcement The form of writ for enforcing such lien shall be in substance as follows: “State of Maine. …., ss. To the sheriff of our County of …., or either of his deputies: We command you to attach the vessel” (here give such a description of the vessel as will identify it,) […]
§3854. — particulars; verification The plaintiff shall annex to the complaint a just, true and particular account of the demand claimed to be due to him with all just credits, the names of the persons personally liable to him and names of the owners of the vessel if known to him. It shall be verified […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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.
§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 […]
§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 […]
§3863. Sale of vessel; proceeds paid into court When judgment is recovered in any action on which a vessel was attached, the court may issue an order to the attaching officer to sell it at auction, and to pay the proceeds thereof into court after deducting the expenses of sale and for taking care of […]
§3864. Distribution of proceeds or surplus If such proceeds are more than all the judgments recovered against such vessel and the amounts claimed in the undecided actions, the court may order the judgments, as fast as they are recovered against said vessel, to be paid from said fund until all such actions are terminated and […]
§3865. Pro rata distribution; prevention of double liens If such proceeds are not enough to pay in full the judgments recovered and the claims still undecided, the court may order the money to remain until all the actions are terminated, and then divide pro rata; or it may direct a sufficient amount to be retained […]
§3866. Vessel under attachment attached on lien claim If the vessel has been already attached by a sheriff or his deputy when a writ of attachment is issued for such lien claim, such writ of attachment shall be served by such officer. If attached by a constable, he shall give up to the officer having […]
§3867. Nonlien claims not prevented by lien claims A vessel attached for a lien claim may be attached by the same officer in the ordinary manner in an action against the owners thereof, and such attachment shall be valid, subject to the legal priorities of the lien attachments.
§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 […]
§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.
