§ 104. Action on undertaking. The undertaking may be prosecuted by
action in any court having jurisdiction thereof, at any time within
three months after its delivery, but not afterward. If, in such action
it is found that any sum is due the plaintiff which was a subsisting
lien upon the vessel at the time the notice of lien was filed, the
plaintiff shall have judgment for the recovery of the same with the
costs and disbursements of the action and the costs of the proceedings
for the seizing of the vessel and shall have execution therefor. If it
is found in such action that no such lien existed, judgment shall be
rendered against the plaintiff for the costs and disbursements of the
action and the costs of the proceedings, including the amount paid the
sheriff in the discharge of the vessel from the warrant.