Notice how published, and what it must con tain. How other creditors statute. He must also, within ten days after the seizure, make a return to the officer who issued the warrant, stating therein, particularly, his doings in the premises; and must make out, subscribe, and annex thereto, a just and true inventory, of all the property so seized; which inventory must be signed by him, and annexed to his return. Notice of the attachment.] The officer issuing the warraut, is required thereupon, immediately to order a notice to be published, in one or more of the newspapers printed in the county, to which the warrant is issued; and if there is none printed in such county, then in a newspaper printed nearest to such county, once a week for three months successively, or oftener, if he shall deem proper.9 The notice must contain the following matters: 1. It must state the issuing of the warrant, the name of the vessel siezed, the port or place to which she belongs, and the name of her last commander :10 2. It must require all persons, who claim to have any demands against the ship, or vessel, her tackle, apparel, or furniture, under the provisions of the title of the statutes, of which we are treating," to deliver an account of their respective claims, to the said officer, within three months from the first publication of such notice; or that their remedy against such vessel will be forfeited: 3. It must state that such vessel will be sold, for the payment of the claims against her, unless the owner, consignee, or commander thereof, or some person interested therein, appear and discharge such warrant according to law, within three months from the first publication of such notice.12 Posterior attachments.] We have seen that while the warnay attach rant issued against the vessel, subsists in force, no other war after war rant issued, rant can be issued. But any person having such a lien as we * Ib. 494. s. 6. 9 Ib. s. 8. 10 2 R. St. 495. s. 9. 11 P. 3. Ch. 8. T. 8. 12 Ib. 495. s. 9. have been speaking of, upon the property seized, may deliver to the officer, an account in writing of his demand, accompanied by such affidavit, and proofs, as are required on the first application for a warrant; and he is thereupon to be deemed an attaching creditor, and to be entitled to the same benefits, and advantages, and subject to the same responsibilities, and obligations, as the creditor at whose instance the warrant originally issued.13 they lose their liens. It is provided that all such liens, upon the property so and when seized, an account of which is not presented to the officer, within the time limited in the notice, shall cease.14 charged be ment of trus ing given to claims which Discharge from the attachment.] The owner, consignee, Vessel disagent, or commander, of a vessel seized, by virtue of a warrant fore appointthus issued, and any person interested in the vessel, may, at tees, any time before the appointment of trustees, as will be hereafter mentioned, apply in person, or by attorney, to the officer who issued the warrant, for an order to discharge the same.15 Such person must execute and deliver to the officer, to whom on bond be the application is made, a bond to the creditors prosecuting pay the the warrant, in a penalty, at least double the amount of the are a lien, debts sworn to by the creditors, with such security as shall be approved by the officer, conditioned, that the obligors therein, will pay the amount of all such claims and demands, as shall have been exhibited, which shall be established to have been subsisting liens upon the vessel, according to the provisions of the statute, at the time of exhibiting the same respectively.16 Upon such bond being executed and delivered, the officer by order of is required, thereupon, to grant his order, discharging the warrant, that may have been issued by him: and no further proceedings are to be had, under the provisions of the statute, against the vessel so seized, founded upon any demand, included in the bond.17 the officer. 13 Ib. s. 10. 14 Ib. s. 11. 15 Ib. s. 12. 16 Ib. s. 13. Who may sue bond; how declared upon. Plea. Inquisition, verdict and Action on the bond.] It is declared, that any such bond, shall be held for the common benefit of all the attaching creditors, and may be prosecuted by any of them jointly, or by any one of them separately, in respect to his separate demand.18 In the suit upon the bond, the attaching creditors, respectively, are required to state in their declaration, their respective demands, alleging the work to have been done, or the materials, or articles furnished, or the expenses incurred, at the request of the master, owner, agent, or consignee, of such vessel, as the case really was, averring that the claim therefor was a subsisting lien on such vessel, at the time of the exhibition thereof, as provided by the statute; and to assign as a breach of the condition of the bond, the non-payment of the claim of such creditors.19 To the declaration the defendants may plead as in other actions of debt on bond, and may plead to such assignment of breaches; and the same proceedings are to be had on the bond, as provided by law on bonds with other conditions than for the payment of money.20 If it is found by the return to a writ of inquiry in such suit, or by the verdict of the jury impannelled to try any issue joined therein, that the sum of fifty dollars or upwards was due to any plaintiff in such suit, upon any claim or demand which, by the provisions of the statute, was a subsisting lien upon such vessel, at the time of the exhibition thereof as judgment for provided by the statute, judgment is to be rendered that such plaintiff have execution for the amount of such claim.21 plaintiff; for defend. ant. But if it is found that nothing, or a less sum than fifty dollars, was due to any plaintiff in such suit, as specified in the section last cited, judgment must be entered against such plaintiff, that he take nothing by his writ; and the court are required to award to the defendants, the costs incurred by them, in resisting the claim of such plaintiff.22 SECTION II. OF THE SALE OF THE VESSEL, AND DISTRIBUTION OF THE PRoceeds. when grant Order of sale.] If the creditors, who have exhibited their Order of sale claims, as before mentioned, have not been satisfied, and if ed, the warrant has not been discharged, as provided by the statute, within the time limited for that purpose, the officer who issued the warrant, is required within one month after the expiration of the time so limited, upon due proof of the publication of the notice of the attachment, which has been mentioned, to issue his order to the sheriff, who seized the vessel, under the warrant, directing such sheriff to proceed and sell the ves- to sell vossel, sel so seized, her tackle, apparel, and furniture, and to state in such order, the amount necessary to be raised, to satisfy such claims, and expenses.23 &c., only. If, however, it should appear to the officer, that the claims or tackle, &c exhibited before him, and the expenses of the proceedings, can be satisfied by a sale of the tackle, apparel, and furniture, of such vessel, or of some part thereof, without selling the vessel, he is required to modify his order accordingly.24 inade. Sale and return of order.] Within twenty days after the sale how service of the order, the sheriff must proceed and sell the vessel so seized by him, her tackle, apparel, and furniture, or such part thereof, as shall be sufficient to satisfy the claims exhibited, and the expenses incurred, upon the same notice, in the same manner, and in all respects subject to the provisions of law, in case of the sale of personal property upon execution.25 Return of order. The sheriff must return to the officer granting the order, Proceeds of his proceedings under the same; and the proceeds of the sale sale. Notice of distribution cd. after deducting his fees and expenses in seizing, preserving, watching, and selling the vessel, are to be retained by the sheriff, in his hands, to be distributed, and paid, as will be presently mentioned.26 Notice of distribution.] At the time of issuing the order how publish- of sale, the officer granting it is required to order a notice to be published in the same newspaper, in which the notice of seizure was printed, as has been mentioned, once in each week, for three weeks, requiring all persons, who have exhibited any claims against the vessel, and the owner, agent, consignee, master, and all other persons interested in such vessel, to appear before him at a day therein to be specified, not less than thirty days, and not more than forty days from the first publication of such notice, to attend a distribution of the proceeds, arising from the sale of such vessel, her tackle, apparel, and furniture.27 In case of contested Reference of contested claims.] If the claims of the creditors who have exhibited their claims as before mentioned, to be made, or of some of them, be contested by the owner, agent, con claims dis tribution not signee, or master of such vessel, or by some other of such creditors, the officer cannot, as in cases where there is no such contest on the day appointed in the notice of distribution, proceed to hear the allegations and proofs of the parties, and make distribution of the proceeds arising from the sale at once; but in case of such contest, the party making the objection, must file with the officer a written statement thereof, claim refer and his desire that the claims so objected to, be referred to referees, to examine and report thereon.28 but objec tions to be filed to claim, and red; referees, how chosen, &C. The party making the objection, and the creditors, whose claims are contested, may agree upon three indifferent persons, 26 Ib. s. 23. Ib. s. 24. 28 Ib. s. 25, 26. |