Sec. 29.
In case the water-craft has not been discharged from custody, the judgment or decree shall be in form against the water-craft, with an additional order that the same, with the appurtenances, be sold at public vendue by the sheriff, after notice of the time and place of said sale, published as herein required in cases of seizure, at least 10 days before such sale. Provided, That, in case of complaint filed prior to sale, but not in judgment at the time thereof, the judgment or decree shall be the same in form with a clause for payment out of the proceeds of sale; and in case of claims filed against surplus proceeds, the judgment, if in favor of claimant, shall in substance, affirm the claim to be sustained and direct payment thereof from the surplus proceeds.
History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1867, Act 82, Eff. June 27, 1867 ;-- CL 1871, 6675 ;-- How. 8263 ;-- CL 1897, 10816 ;-- CL 1915, 14919 ;-- CL 1929, 13165 ;-- CL 1948, 570.429
Structure Michigan Compiled Laws
Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449)
Section 570.401 - Repeal; Saving Clause.
Section 570.402 - Liens Upon Certain Watercraft for Certain Debts.
Section 570.403 - Complaint; Filing, Jurisdiction of Courts in Certain Counties.
Section 570.404 - Warrant, Summons; Issuance, Contents, Return Date.
Section 570.405 - Warrant; Execution by Sheriff.
Section 570.406 - Warrant; Return.
Section 570.407 - Warrant; Number Against Same Craft, Limitation.
Section 570.408 - Notice on Return of Warrant; Publication.
Section 570.409 - Warrant; Contents.
Section 570.410 - Intervening Complaints; Rights, Summons.
Section 570.411 - Intervening Complaints; Time for Filing.
Section 570.412 - Liens Not Filed Before Sale; Cessation.
Section 570.413 - Writ of Restitution; Application, Issuance.
Section 570.414 - Bond on Restitution; Conditions, Sureties.
Section 570.416 - Motion for Additional Security.
Section 570.419 - Entry of Appearance; Notice, Default.
Section 570.420 - Answer or Demurrer; Time for Filing, Effect of Answer.
Section 570.421 - Interrogation; Appended to Pleadings, Filing; Answer.
Section 570.422 - Pleadings Subsequent to Answer; Amended Complaint.
Section 570.423 - Exceptions to Answer.
Section 570.424 - Trial or Hearing; Notice.
Section 570.425 - Trial or Hearing; Jury Trial, Demand.
Section 570.426 - Evidence; Taking by Attorney or Commissioner, Report to Court.
Section 570.427 - Admiralty Principles; Applicability.
Section 570.428 - Judgment for Complainant; in Personna.
Section 570.429 - Judgment for Complainant; in Rem.
Section 570.430 - Sale of Craft; Writ.
Section 570.431 - Sale of Craft; Duty of Sheriff.
Section 570.432 - Sale of Craft; Bill of Sale, Contents, Use as Evidence, Effect on Title.
Section 570.433 - Sale of Craft; Distribution of Proceeds.
Section 570.434 - Sale of Craft; Distribution of Surplus.
Section 570.435 - Sale of Craft; Payment of Claims Based on Subsequent Decree or Appeal.
Section 570.436 - Appeal to Supreme Court; Claim, Bond.
Section 570.437 - Appeal to Supreme Court; Transcript of Record.
Section 570.438 - Appeal to Supreme Court; Hearing De Novo.
Section 570.439 - Appeal to Supreme Court; Jurisdiction, Acquisition, Taking of Testimony.
Section 570.440 - Appeal to Supreme Court; Order.
Section 570.441 - Appeal to Supreme Court; Judgment on Order.
Section 570.442 - Fees; Clerk, Sheriff, Attorney.
Section 570.443 - Rules of Practice.
Section 570.444 - Proceedings Upon Cases Arising in Other States.
Section 570.445 - Enforcement of Lien; Time Limitation, Effect of Bona Fide Purchase of Craft.
Section 570.446 - Costs; Security; Taxation, Appeal.
Section 570.447 - Proceedings and Practice; Depositions, Writs, Costs.
Section 570.448 - Record of Proceedings; Fee for Certifying Copies.