702

LIENS OF MECHANICS AND OTHERS. [ART. 67.

to be paid by the defendant and taxed as costs against him, for
which and for other costs in prosecuting the claim, the defendant
shall be liable, the clerk to be allowed the same fees for recording
said statement or account as are now allowed by law for recording
deeds or bills of salc.

1865, c. 190
How long the
lien shall con-
tinue

47. Every such boat or vessel against which an account or state-
ment shall be filed under this article, shall be subject to a lien for
the debt and costs justly chargeable against it for two years from
the day on which the account or statement shall be filed, and no
longer, but the claimant may have the benefit of any other hen upon
said boat or vessel to which he may be entitled by mortgage, bill of
sale or otherwisc.

Art 61, s 48
1856, c 294, s 3
To what not to
be preferred.

48. The lien given by this article on boats or vessels shall not
entitle the claimant to preference over creditors or claimants secured
by mortgage or bill of sale properly executed and recorded before
the claim to be secured by such lien shall have accrued.

Id s 49
1856, c 294, s 4
Lien, how
enforced

49. The claimant under such lien on any boat or vessel may, at
any time after his claim has been filed as aforesaid, within the period
to which he is entitled to the benefit of his hen, sue out of the court
in which his claim is filed, a writ of scire facias directed to the
sheriff of the county or city and returnable to the next ensuing
com t that shall sit within twenty days after the issuing of the writ.

Id s 50
1856, c 294, s 4
Service of sci fa

50. The sheriff shall immediately serve such writ on the owner
or his agent, if the agent have charge of the boat, or if neither can
be found within his bailiwick, shall set up a copy of the writ, or a
short notice containing the substance thereof, at the nearest post-
office where such boat was built, and shall also cause a copy to be
published once in each of two consecutive weeks in some newspaper
having general circulation in said county or city.

Id s 61
1856, c 294, s 4
Proceedings on
return of writ

Id s 62
1856, c 204, s 4
submission or
trial

Id s 53
1856, c 294, s 4
Judgment, how
enforced

31. Upon the return of the writ indorsed summoned by the
sheriff, or where the owner or his agent cannot be found, upon its
return with the sheriff's and printer's certificates showing that a
copy was set up at the nearest post-office, and also published as
directed in the preceding section, if the owner or his agent do not
appear, judgment shall be rendeied for the principal and interest of
the claim and costs.
32. If the owner shall appeal on the return of the writ, he may
with the consent of the claimant, submit the case upon the evidence
to the court, or either party may demand a trial by jury, which
shall be had at the term to which the writ is returnable, unless for
good cause the court shall continue the cause.
53. The judgment rendered, in such scire facias may be enforced
as other judgments, and the sheriff shall deposit the money made
thereon with the clerk of the court, to be disbursed under the order
of the court among the parties entitled to the same.