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16 claims may on notice to all the parties interested 17 be paid out of the surplus with costs, without awaiting 18 the determination of such contest.

R. S., 2691, L 1862, ch. 482, $ 25.

(Post, p. 1424a.) 1 $ 3499. Court may invest proceeds; distribution of sur2 plus.-The proceeds of any sale under this article shall be 3 subject to the direction of the supreme court, and may 4 at any time be invested by order of the supreme court 5 according to its practice. If upon payment of all 6 claims established as liens against the vessel or its pro7 ceeds a surplus remains, it may be distributed by the 8 court to the persons entitled thereto, after publishing a 9 notice for the same time and in the same manner as 10 notice of issuing the warrant is required by this article 11 to be published, specifying the amount of the surplus 12 proceeds, the names of the persons applying therefor, 13 the name of the vessel from which the same arose, the 14 date of the sale of the vessel and the time when 15 distribution of the surplus will be made.

R. S., 2691, L. 1862, ch. 482, $ 26.
Id., 2692, L. 1862, ch. 482, § 30.

(Post, pp. 1424a-1426a.) 1 $ 3500. Assignment of lien.—Any lien, a notice of which 2 has been filed pursuant to the provisions of this article, 3 may be assigned by a written instrument duly acknowl4 edged and filed in the same place where the notice of the 5 lien was filed. The assignment shall specify the debt 6 upon which the lien is founded, the date of the filing of 7 th enotice thereof and the assignee. Such assignment and 8 the name of the assignee shall be entered by the clerk 9 opposite the original entry of such lien, and after the 10 filing of such assignment, but not otherwise, the assignee 11 may enforce the lien in like manner as the assignor 12 could have done.

R S., 2691, L. 1862, ch. 482, $ 27.

(Post, pp. 1424a-1425a.) 1 $3501. Discharge of lien before issue of warrant.-.When 2 any notice of lien shall have been filed under this article

3 and no warrant has been issued to enforce the same, any
4 person interested in the vessel, may apply to any judge
5 of the supreme court for leave to discharge the lien, upon
6 giving an undertaking therefor. The application shall
7 be in writing, and shall state the amount of the lien
8 claimed and the grounds of the defense thereto, and the
9 names of the persons proposed as sureties for such lien,
10 with their respective residences and places of business.
11 Upon presenting such application with proof that a copy
12 thereoi, with at least five days' notice, of the time and
13 place of presenting the same, has been served upon the
14 lienor, such judge may, if no just cause be shown
15 in opposition thereto, authorize the execution of such
16 undertaking, which shall be to the same effect as an
17 undertaking required in this article upon the application
18 to discharge a warrant.
19 The sureties proposed in such undertaking shall
20 justify on notice to the lienor before such judge. When
21 such undertaking has been executed and approved by
22 such judge, and the sureties shall have justified, if
23 required, and after the delivery thereof to the lienor,
24 the judge shall direct that the clerk mark such lien as
25 discharged, and it shall cease to be a lien upon such
26 vessel.

R. S., 2691, L. 1862, ch. 482, $ 28.
Id., 2692, L. 1862, ch. 482, § 29.

(Post, p. 1425a.)

1 $ 3502, Sheriff must return warrant.-Every sheriff to 2 whom a warrant may have been delivered pursuant to 3 the provisions of this article, may be compelled by an 4 order made by the officer issuing it, to return such 5 warrant with his proceedings thereon and to pay over 6 moneys in his hands, and take any steps necessary for 7 the safety of the vessel, pursuant to any order for that 8 purpose. Obedience to such order may be enforced by 9 attachment against the sheriff on the application of any 10 person interested therein. R. S., 2692, L. 1862, ch. 482, $ 32. (Post, p. 1426a.)

1 $3503. Absence and inability of the judge.- When any 2 proceeding under this article has been commenced before 3 any officer, the same may, in his absence or inability, or 4 by his order to that effect, be continued before any 5 other officer authorized by law to perform the duties of 6 a justice of the supreme court, at chambers, in the 7 county within which the notice of lien was filed, or 8 before the supreme court or any special term thereof 9 held in such county. R. S., 2692, L. 1862, ch. 482, § 31. (Post, p. 1426a.)


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