Marvin Mandel, Governor 1325
tion under said lien until the amount thereof shall have been judi-
cially determined; and in any suit against the owner of said boat
by such lien claimant after filing of such bond, if any defendant is
returned non est, service may be secured by publication as m the case
of a suit against a non-resident, provided, however, that suit be insti-
tuted within six months from the presentation of said bond, other-
wise the bond is to be null and void.
36.
Any corporation, firm, individual, association or person who may
have a lien under this subtitle or any boat or part thereof for repairs,
rebuilding or storage, or having furnished for or on account of said
boat and parts or accessories may, if the account is due and unpaid
for a period of thirty days and if the lienor still retains possession
of the same, sell said boat or part thereof at public sale at some
place which shall be convenient and accessible to the public at any
time between the hours of 10 o'clock A.M. and 6 o'clock P.M., pro-
vided the time, place and terms of said sale, together with a full
detailed description of said boat or part thereof shall be inserted in
one or more newspapers published in the city or county where said
sale is to take place at least once each week for two successive weeks
prior to said sale; and provided further, that a registered notice shall
be mailed at least ten days prior to said sale to the owner of said
boat or part thereof, if his address be known, or if it can be ascer-
tained by the exercise of reasonable diligence, or by mailing said
notice by registered mail to the person who gave the order for said
repairs, storage, rebuilding, parts or accessories. If the address of
neither of said persons is known, and by the exercise of reasonable
diligence cannot be ascertained, then such notice shall be mailed to
"General Delivery" at the post office of the city or county where the
business of said lienor is located. Any excess in the amount of the
selling price of said boat 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 boat or
part thereof.
37.
The remedies for enforcing the aforesaid lien herein provided
shall not preclude any other remedies allowed by law for the en-
forcement of a lien against personal property nor bar the right to
recover so much of the custodian's claim as shall not be paid by the
proceeds of the sale of the property.
Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.
Approved May 26, 1972.
CHAPTER 424
(Senate Bill 534)
AN ACT to repeal and re-enact, with amendments, Section 125 (c)
(1-7) of Article 26 of the Annotated Code of Maryland (1971
|
|