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Session Laws, 1949
Volume 590, Page 1013   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1013

by registered mail at least ten days prior to said sale to the
owner of said aircraft or part thereof, if his address be known,
or if it can be ascertained by the exercise of reasonable dili-
gence, or by mailing said notice by registered mail to the
person who gave the order for doing or furnishing any or all
of the things mentioned in Section 24 (a) to or for said air-
craft, or part thereof, or who landed the aircraft on or other-
wise used the airport as mentioned in Section 24 (a). If the
address of neither of said persons is known, and by the exer-
cise of reasonable diligence cannot be ascertained, then such
notice shall be mailed to "General Delivery" at the Postoffice
of the city or county where the business of said lienor is
located or where the airport of the lienor is located. Any
excess in the amount of the selling price of said aircraft or
part thereof at said sale over and above the expenses thereof,
including a reasonable attorney's fee and the amount of said
lien, shall be remitted to the owner of said aircraft or part
thereof.

(d) The remedies for enforcing the aforesaid lien herein
provided shall not preclude any other remedies allowed by
law for the enforcement of a lien against personal property
nor bar the right to recover so much of the lienor's claim as
shall not be paid by the proceeds of the sale of the aircraft, or
part thereof.

(e) Should the owner of the aircraft or part thereof replevy
the same and the defendant in such action move the Court
for a writ of retorno habendo and if it shall appear to the
Court that the defendant's claim to the right of possession of
such aircraft or part thereof is based on any lien or right
to hold the property replevied as security for any sum of
money claimed to be due as distinguished from a claim of
ownership of the property replevied, the Court shall refuse to
order a return of the property replevied to the defendant until
a judgment is given in the action, and in the trial of such
replevin action it shall be the duty of the Court, if the case is
being tried without a jury, or the duty of the jury if the case
is being tried before a jury, to determine the amount of such
lien or claim, if any, and the amount of any expenses which
were properly incurred or which accrued prior to the date
of trial, including storage and advertising, and the judgment
in such action, if for the defendant, shall be either for the
return of the property replevied, or for the amount of such
lien or claim, and any accrued expenses which were properly
incurred by the defendant, including storage and advertising;
and the Court may also allow a reasonable counsel fee to the
defendant's counsel. The burden of proof in such action shall
be upon the defendant to establish his claim or lien to the

 

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Session Laws, 1949
Volume 590, Page 1013   View pdf image (33K)
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