EMERSON C. HARRINGTON, GOVERNOR. 955
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 con-
tracts, bilk of sale, chattel mortgages or other liens or claims
of any kind which are not executed and recorded as required
by law, but shall be subordinate to the rights of holders of
such conditional sale contracts, bills of sale, chattel mortgages
or other liens or claims where the same have been executed
and recorded as required by law. Surrender or delivery of
any motor vehicle subject to the lien, aforesaid shall operate
as a waiver or extinguishment of the same as against third
persons without notice thereof, but shall not operate as such
waiver or extinguishment as against the owner, or as against
third persons with notice.
In case of a dispute as to the amount of the charge of such
garage keeper or other custodian as aforesaid, such dispute
shall be determined by appropriate legal proceedings, and the
lien of such custodian shall continue until the final determina-
tion of such action, whereupon execution may issue and the
property be sold under the same. The remedy of attachment
shall also lie in appropriate cases.
The owner of any motor vehicle withheld for the payment
of a bill contracted as aforesaid and disputed in whole or in
part, shall be entitled to possession of the same upon first pay-
ing or tendering to the holder of such lien the amount of his
bill, if any, which is admitted to be due and owing, together
with a bond executed by such owner with some surety corpora-
tion authorized to do business in this State conditioned upon
the payment of any final judgment, with interest and costs,
which may be adjudged against the owner in any action at law
instituted by the holder of such lien within six months from
the date of such tender, the penalty of such bond to be in
double the amount of the claim of the holder of such lien.
Whenever it may happen that there is no dispute as to the
amount of the claim, the said lien may be enforced in the
manner provided for the enforcement of a warehouseman's
lien by the Public General Laws of this State.
The remedies for enforcing the aforesaid lien herein pro-
vided shall not be taken to. preclude any other remedies allowed
by law for the enforcement of a lien against personal property,
nor bar the rights to recover so much of the custodian's claim
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