1 § 3488. Application for a discharge of warrant.—The 2 owner, consignee, agent or master of any vessel so 3 seized, or any person interested therein, may at any time 4 before the sale of the vessel under this article, apply 5 in person or by attorney to the officer issuing the 6 warrant on one day's notice to the plaintiff or his attor7 ney for an order discharging the same, which notice 8 shall specify the names, places of residence and places 9 of business of the proposed sureties upon the undertak10 ing for such discharge. The application shall be 11 accompanied with an undertaking executed by at least. 12 two sureties in a sum at least twice the amount speci13 fied in the warrant, to the effect that the person making 14 the application for the discharge of the vessel will pay 15 the amount of all claims and demands which shall be 16 established to be due, to the person in whose behalf the 17 warrant was issued, and to have been a subsisting lien 18 on the vessel at the time of its issue. The undertaking 19 must be approved by such officer as to the sufficiency of 20 the sureties, and the plaintiff may examine the sureties 21 as to their sufficiency at such time and places as may be 22 fixed by such officer. 1. R. S., 2688, L. 1862, ch. 482, § 10. $3489. Discharge of warrant.-When such undertaking 2 shall have been executed, approved and delivered to the 3 plaintiff and the taxed fees of the sheriff upon the seizure 4 and detention of the vessel have been paid, such officer 5 shall make an order discharging the warrant, and no 6 further proceedings against the vessel seized shall be 7 had under this article founded upon any demand secured 8 by such undertaking. The undertaking may be prose9 cuted in any court having jurisdiction therof at any time 10 within three months after its delivery but not afterwards. R. S., 2689, L. 1862, ch. 482, § 12. (Post, p. 1420a) 1 § 3490. Action on undertaking.—If, in any action upon 2 such undertaking it is found that any sum is due the 3 plaintiff which was a subsisting lien upon the vessel at 4 the time the notice of lien was filed, the plaintiff shall 5 have judgment for the recovery of the same with the 6 costs and disbursements of the action and the costs of 7 the proceedings for the seizing of the vessel and shall 8 have execution therefor. If it is found in such action 9 that no such lien existed, judgment shall be rendered 10 against the plaintiff for the costs and disbursements of 11 the action and the costs of the proceedings, including 12 the amount paid the sheriff in the discharge of the 13 vessel from the warrant. 1 R. S., 2689, L. 1862, ch. 482, § 13. (Post, p. 1421a.) § 3491. Costs of proceedings. The costs of the pro2 ceedings in addition to the disbursements shall be: For filing notice of lien, two dollars. 3 4 For making application to any officer for the warrant 5 and procuring such warrant when the amount of the 6 lien is under fifty dollars, ten dollars. 7 When the amount of the lien exceeds fifty dollars and 8 is under two hundred and fifty dollars, twenty dollars. 9 When the amount exceeds two hundred and fifty 10 dollars and is under one thousand dollars, thirty dollars. 11 When the amount exceeds one thousand dollars, fifty 12 dollars. 13 For procuring the discharge of the warrant upon the 14 execution of an undertaking, ten dollars: 15 The sheriff shall be entitled in any such proceedings 16 to the following fees and expenses: 17 For serving warrant, one dollar. 18 For return of the same, one dollar. 19 The necessary sums paid by him for the expense of 20 keeping the vessel in custody, not exceeding two 21 dollars and fifty cents for each day. 22 The sheriff shall not receive any other or greater sums 23 for any service rendered by him in any proceeding under 24 this article, nor shall he be allowed expense of custody 25 of the vessel upon more than one warrant at the same 26 time. All costs, disbursements and fees shall be verified 27 by affidavit and adjusted by the officer issuing the 28 warrant. R. S., 2689, L. 1862, ch. 482, § 14. 1 § 3492. Sale of property. If the claim mentioned in 2 the notice filed shall not have been satisfied, or if such 3 vessel shall not have been discharged within thirty days 4 after the first publication of the notice of the issuing of 5 the warrant, the officer who issued the warrant shall, 6 upon the proof of the publication of such notice, make 7 an order directing the sheriff who seized the vessel, to 8 sell the same, and her tackle, apparel and furniture, and 9 shall specify in the order the amount necessary to be 10 raised to satisfy all unsatisfied liens established against 11 the vessel. Upon proof of personal service of the copy 12 of the warrant and notice of the application for the sale 13 of the vessel upon the owners thereof, and upon all 14 other unpaid creditors who have filed notices of their 15 liens pursuant to the provisions of this article, such 16 order of sale may be made in the discretion of the 17 officer at any time after the seizure of the vessel. 1 R. S., 2689, L. 1862, ch. 482, § 15. (Post, pp. 1421a-1422a.) § 3493. Sale and proceeds. Within ten days after the 2 receipt of the order of sale, the sheriff shall, unless the 3 order be sooner vacated, sell the vessel seized, her 4 tackle, apparel and furniture, upon the same notice, in 5 the same manner and in all respects subject to the pro6 visions of law relating to the sale of personal property 7 upon execution issued upon a judgment of a court of 8 record. He shall make a return to the officer granting 9 the order, of his proceedings thereunder, and shall 10 return to such officer the proceeds of the sale after 11 deducting his fees and expenses in seizing, preserving, 12 watching and selling the vessel which when duly taxed 13 shall be retained by him. R. S., 2690, L. 1862, ch. 482, §§ 16, 17. 1 $3494. Notice of the distribution of the proceeds of sale. 2 The officer granting the order of sale shall, at the same 3 time, order a notice to be published in the same news4 paper in which the notice of seizure must be published, 5 once a week for three successive weeks, requiring all per 6 sons having any liens upon the vessel under this article, 7 and the master, owner, agent or consignee thereof, and 8 all other persons interested therein, to appear before 9 him on a specified day, not less than thirty nor more 10 than forty days from the first publication of the notice, 11 to attend a distribution of such proceeds, or he may, in 12 his discretion, direct such distribution to be made by a 13 referee appointed by him in the notice. 1 R. S., 2690, L. 1862, ch. 482, § 18. (Post, p. 1422a) § 3495. Liens upon proceeds of sales.- Such proceeds 2 shall, until distribution, stand in place of the vessel, and 3 any person entitled to enforce a lien against the vessel 4 under this article may enforce the same against such pro5 ceeds in the same manner and with like effect as a lien 6 against such vessel. 7 Upon distribution of the proceeds, the claims which 8 were found to be subsisting liens upon such vessel or 9 proceeds, shall with the respective costs, expense and 10 allowances be ordered paid out of the proceeds in the 11 order of the delivery of the warrants to the sheriff. The 12 costs, expenses and allowances shall be the same as are 13 allowed in civil actions in a court having jurisdiction of 14 the claim for which the lienis established. 1 R. S., 2690, L. 1862, ch. 482, § 19. $3496. Contested claims.- Before final distribution of 2 the proceeds, the master, owner, agent or consignee of the 3 vessel, or any person having an interest in the proceeds 4 may contest any claim made against the vessel or its 5 proceeds, by filing with such officer a written answer, 6 verified as a pleading in a court of record, designating the 7 claims contested and controverting any material allega8 tion of the notice of the claim, and setting up any other 9 matter in defense thereto, and by serving within five 10 days from such filing, upon the person whose claim 11 is contested, or his attorney, a copy of such 12 answer. 13 If the answer does not contain any matter of defense 14 to the claim, it may be stricken out on motion of any 15 person who has filed a notice of lien against the vessel 16 or its proceeds. 1 R. S., 2690, L. 1862, ch. 482, §§ 20, 21. Id., 2691, L. 1862, ch. 482, § 22. (Post, p. 1423a.) § 3497. Trial of issues and appeal.-The issues raised by 2 any such answer shall be tried in the same manner as 3 issues are tried in a court of record without a jury, 4 before the officer who issued the warrant, at an early 5 day to be fixed by him, or they may be referred by such 6 officer to a competent referee, to hear and determine. Any party thereto may except to and appeal from the 8 report of such referee or the decision of such judge, as 9 in a civil action in a court of record, and on such appeal 10 the decision of the referee or the officer, both upon the 11 law and the facts, shall be examined and may be 12 reversed, modified, or a new trial ordered. 7 13 Costs, upon appeal, shall be allowed, as in the case of 14 an appeal from a judgment in a court of record, and 15 judgment may be rendered therefor. R. S., 2691, L. 1862, ch. 482, §§ 23, 24. 1 § 3498. Distribution; how made. When the amount 2 of all claims found to be liens upon the vessel or its pro3 ceeds, shall have been finally determined, such proceeds 4 shall be distributed by the officer issuing the warrant. 5 Any uncontested claims, entitled to priority of payment 6 over the claims which are contested, shall, by motion of 7 the parties interested, be paid with costs, in the order 8 of their respective priorities, without awaiting the 9 determination of such contest. If at any time it is 10 made to appear that after the payment of all 11 prior uncontested claims and their respective costs, 12 and after deducting an amount sufficient to pay 13 all prior contested claims and costs, that there 14 remains a surplus of proceeds applicable to the pay15 ment of any subsequent uncontested claims, such |