Sec. 34.
Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid shall be denominated surplus proceeds, and when any claim or complaint shall be filed against the same, as provided in section 11 of this act, distribution shall be directed by the court, after decrees or judgment, upon motion and notice as provided in the last section, and after the following order:
First. All costs upon claims passing into decree which were filed after sale:
Second. All other liens enforceable under this act against the water-craft prior to sale in the order in which they were filed:
Third. All claims upon mortgages of such water-craft or other incumbrances created by the owner in proportion to the interest they cover and priority:
Fourth. The owner.
History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6679 ;-- How. 8268 ;-- CL 1897, 10821 ;-- CL 1915, 14924 ;-- CL 1929, 13170 ;-- CL 1948, 570.434
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.