1324                             Laws of Maryland                      [Ch. 423

claimant may have the benefit of any lien upon said boat or vessel
to which he may be entitled by mortgage, bill of sale, or otherwise.

38.

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.

39.

The claimant under such lien on any boat or vessel may enforce
the same by proceedings in equity.]

Whenever a boat or any part thereof is left by the owner or by
any person with his authority, express or implied, in the custody of
any corporation, firm or individual, association or person for repair,
rebuilding, storage, or for the purpose of having furnished for or
on account of the same any parts or accessories, the corporation,
firm, individual, association or person in whose custody said boat
or part thereof is left for all or any of the purposes aforesaid, shall
have a lien on said boat 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 pro-
vided. Said lien shall be superior to the rights of the holders of con-
ditional sale contracts, bills of sale, chattel mortgages or other liens
or claims of any kind which are not theretofore executed and re-
corded or filed for record as required by law, but shall be subordi-
nate thereto where the same have been theretofore executed and
recorded as required by law. Surrender or delivery of any boat sub-
ject 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.

35.

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 proceedings, 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 boat shall have the right to im-
mediately repossess himself of his said boat 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
Circuit Court of Baltimore City, where the corporation, firm, indi-
vidual, association, or person claiming such lien, may have repaired
or stored said boat 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 in-
cident to any such suit and any costs and expenses which may have
been incurred 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 execu-

34.