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Session Laws, 1937
Volume 412, Page 452   View pdf image (33K)
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452 LAWS OF MARYLAND. [CH. 247

the purpose of having furnished for or on account of the same
any parts, accessories, or tires, the corporation, firm, individ-
ual, association or person in whose custody said aircraft or
part thereof is left for all or any of the purposes aforesaid,
shall have a lien on said aircraft or part thereof for all charges
so incurred, and may lawfully retain the same until said
charges have been paid, or until said lien is extinguished or
discharged as hereinafter provided. Said lien shall be superior
to the rights of the holders of conditional sale contracts, bills
of sale, chattel mortgages or other liens or claims of any kind
which are not theretofore executed and recorded or filed for
record as required by law, but shall be subordinate thereto
where the same have been theretofore executed and recorded
as required by law. Surrender or delivery of any aircraft
subject to the lien aforesaid shall operate as a waiver or ex-
tinguishment of the same as against third persons without
notice thereof, but shall not operate as such waiver or extin-
guishment as against the owner or as against third persons
with notice.

52. Should the owner dispute the amount of the charge, or
any part thereof, for which the lien is claimed as aforesaid,
such dispute may be determined by appropriate legal proceed-
ings, and the institution of any such legal proceedings shall
operate as a stay of execution under said lien until the amount
thereof shall have been judicially determined, or the owner
of such aircraft shall have the right to immediately repossess
himself of his said aircraft upon filing a good and sufficient
corporate bond, in double the amount of said claim, with the
Clerk of the Circuit Court for the County, or with the Clerk
of the Superior Court of Baltimore City, where the corpora-
tion, firm, individual, association, or person, claiming such
lien may have repaired or stored said aircraft, which said bond
shall be approved by the Clerk of said Court, and which said
bond shall be conditioned upon the payment of the full amount
of any final judgment which may be recovered upon such
claim, together with interest, and all costs incident to any
such suit, and any costs and expenses which may have been in-
curred in connection with the enforcement of such lien up
to the time that such lien claimant is notified of the filing of
such bond. And the filing of such bond shall operate as a stay
of execution under said lien until the amount thereof shall
have been judicially determined; and in any such suit against
the owner of said aircraft by such lien claimant after filing of
such bond, if any defendant is returned non est, service may be
secured by publication as in the case of a suit against a non-
resident, provided, however, that suit be instituted within
six months from the presentation of said bond, otherwise the
bond is to be null and void.

 

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Session Laws, 1937
Volume 412, Page 452   View pdf image (33K)
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