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published as directed by this act, the said court, if
the owner or agent do not appear to contest the
claim, shall cause judgment to be rendered for the
principal and interest of said claim and the inci-
dental costs of suit, which shall be such as are
allowed in similar cases; but if the owner or his
agent should appear on the return of the writ, he
may, with the consent of the claimant, submit the
case, with the testimony to be offered appurtenant
to the same, to the examination and decision of
the court; or either of the parties may have the
same tried by a jury, but the trial shall be had and
the judgment rendered at the court to which the
writ is made returnable, unless for good reasons
shown, the court should think proper to continue
the case; and that immediately on the rendition
of the judgment, if the same be in favor of the claim-
ant, it shall be lawful for the claimant to sue out a
special execution in the nature and form of a fieri fa-
cias, reciting the scire facias and judgment, and di-
rected to the sheriff aforesaid, commanding him to sell
such boat or vessel, after giving the usual notice
preliminary to sales of personal property, to satisfy
said judgment and costs of suit; and that it shall
be the duty of the sheriff to make return of said exe-
cution immediately after the sale, and at the same
time to return and deposite with the clerk of the court
the money made by virtue of said execution, to be
disbursed by order of the court amongst the parties
entitled to the same.
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