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This entry was published on 2014-09-22
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Order of sale, when made
§ 92. Order of sale, when made. 1. An order may be made by the justice
before whom the order to show cause was returnable, for the sale of the
vessel, her tackle, apparel and furniture, in the following cases:

a. In case the master, owner, consignee or other person interested in
the vessel does not appear upon the return day and contest the claim of
the lienor, and proof is made of the service of the order to show cause
and the application and of the publication of the notice and the service
thereof, as required in this article and due proof is made of the
validity and amount of such claim;

b. In case a trial is had of the issues raised, and it is determined
that the lien is valid and the amount claimed by the lienor or some part
thereof is due.

2. Such order shall direct the sheriff who seized the vessel to sell
the same and her tackle, apparel and furniture, to satisfy the liens
established on the hearing, and pay the costs and expenses necessarily
incurred in the proceedings as prescribed in this article. The rights of
secured parties whose security interests have been perfected by filing
according to law, prior to the filing of the notice of lien, on account
of which the order of sale is granted, shall not be affected by the sale
of such vessel pursuant to such order.