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Session Laws, 1974
Volume 713, Page 2238   View pdf image
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2238                                                LAWS OF MARYLAND                          [Ch. 660

CONNECTION WITH AIRCRAFT, OR ANY PART THEREOF, 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 THE AIRCRAFT 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., PROVIDED THE TIME, PLACE AND TERMS OF
SALE, TOGETHER WITH A FULL DETAILED DESCRIPTION OF THE
AIRCRAFT OR PART THEREOF SHALL BE INSERTED IN ONE OR MORE
DAILY NEWSPAPERS PUBLISHED IN THE CITY OR COUNTY WHERE
THE SALE IS TO TAKE PLACE AT LEAST ONCE EACH WEEK FOR TWO
SUCCESSIVE WEEKS PRIOR TO SALE; AND PROVIDED, FURTHER,
THAT A NOTICE SHALL BE SENT BY REGISTERED MAIL AT LEAST
TEN DAYS PRIOR TO SALE TO THE OWNER OF THE AIRCRAFT OR
PART THEREOF, IF HIS ADDRESS BE KNOWN, OR IF IT CAN BE
ASCERTAINED BY THE EXERCISE OF REASONABLE DILIGENCE, OR
BY MAILING THE NOTICE BY REGISTERED MAIL TO THE PERSON
WHO GAVE THE ORDER FOR DOING OR FURNISHING ANY OR ALL OF
THE THINGS MENTIONED IN SUBSECTION (A) OF THIS SECTION TO
OR FOR THE AIRCRAFT, OR PART THEREOF, OR WHO LANDED THE
AIRCRAFT ON OR OTHERWISE USED THE AIRPORT AS MENTIONED IN
SUBSECTION (A) OF THIS SECTION. IF THE ADDRESS OF
NEITHER OF THE PERSONS IS KNOWN, AND BY THE EXERCISE OF
REASONABLE DILIGENCE CANNOT BE ASCERTAINED, THEN THE
NOTICE SHALL BE MAILED TO "GENERAL DELIVERY" AT THE POST
OFFICE OF THE CITY OR COUNTY WHERE THE BUSINESS OF THE
LIENOR IS LOCATED OR WHERE THE AIRPORT OF THE LIENOR IS
LOCATED. ANY EXCESS IN THE AMOUNT OF THE SELLING PRICE
OF THE AIRCRAFT OR PART THEREOF AT THE SALE OVER AND
ABOVE THE EXPENSES THEREOF, INCLUDING A REASONABLE
ATTORNEY'S FEE AND THE AMOUNT OF THE LIEN, SHALL BE
REMITTED TO THE OWNER OF THE 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 INSTITUTE AN ACTION OF REPLEVIN FOR THE SAME AND
OTHERWISE ESTABLISH A RIGHT TO THE ISSUANCE OF THE WRIT
BUT FOR THE DEFENDANT'S CLAIM TO THE RIGHT OF POSSESSION
OF SUCH AIRCRAFT OR PART THEREOF BASED ON ANY LIEN OR
RIGHT TO HOLD THE PROPERTY AS SECURITY FOR ANY SUM OF
MONEY CLAIMED TO BE DUE AS DISTINGUISHED FROM A CLAIM OF
OWNERSHIP OF THE PROPERTY, THE COURT SHALL ISSUE THE
WRIT, 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 THE
LIEN OR CLAIM, IF ANY, AND THE AMOUNT OF ANY EXPENSES
WHICH WERE PROPERLY INCURRED OR WHICH ACCRUED PRIOR TO

 

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Session Laws, 1974
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