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Maine Revised Statutes, Title 10, § 3851: Domestic vessels
All domestic vessels are subject to a lien securing certain repair, supply, and wharf-related debts and advances.
- Supplies
- Vessel repair
- Wharf use
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Maine Revised Statutes, Title 10, § 3852: Labor and materials; owners of dry docks or marine railways
People who furnish labor or materials for building a vessel, and owners of a dry dock or marine railway used for a vessel, have liens enforceable by attachment within specified 4-day periods.
- Dry docks
- Liens
- Marine railways
- Vessel construction
Year unavailable
Maine Revised Statutes, Title 10, § 3853: Writ for enforcement
The form of writ for enforcing such lien must be in substance as follows: "State of Maine. ………, ss. To the sheriff of our County of ...., or either of the sheriff's deputies: We command you to attach the vessel" (here give such a
- Court process
- Vessel enforcement
Year unavailable
Maine Revised Statutes, Title 10, § 3854: Particulars; verification
The plaintiff must attach a just, true, and particular account to the complaint and verify it by oath.
Year unavailable
Maine Revised Statutes, Title 10, § 3855: Attachment of vessels on stocks; sale
When a vessel is on the stocks, the attachment must be filed with the town clerk within 48 hours and a copy must be left with the owner or master worker if known; later attachment and sale procedures also apply.
- Court-ordered sale
- Execution-like proceeds handling
- Vessel attachment
Year unavailable
Maine Revised Statutes, Title 10, § 3856: Service of summons on debtors and owners
The summons and complaint must be served like other actions on persons personally liable for the claim, and a copy must also be posted on the attached vessel and mailed to known owners who were not named as personally liable.
Year unavailable
Maine Revised Statutes, Title 10, § 3857: Subsequent writs to be served by same officer unless disqualified
For later writs of attachment, the same officer must handle the attachment and service unless that officer is disqualified.
Year unavailable
Maine Revised Statutes, Title 10, § 3858: Entry of action; who may defend; bond
The docket entry must identify the lien claimant as plaintiff, the person allegedly liable as defendant, and the attached vessel. Certain owners, mortgagees, or plaintiffs may defend on lien validity and amount; the plaintiff may do so only after giving bond approved by the court to cover awarded costs.
- Bond requirements
- Litigation procedure
Year unavailable
Maine Revised Statutes, Title 10, § 3859: Offer of default; admission of sum due
The defendant may offer to be defaulted, and the vessel owners may file a written admission that a certain sum is due as a lien on the vessel.
Maine Revised Statutes, Title 10, § 385: Duties of board
The board has powers to accept and receive gifts and similar property, contract for assistance, hold ownership interests in private enterprises under a board determination, and adopt rules; it must administer the Small Enterprise Growth Program.
- Grant administration
- Investment
- Program administration
- Rulemaking
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Maine Revised Statutes, Title 10, § 3860: Apportionment of costs
The court may decide and apportion costs, except as provided in section 3859.
- Apportionment
- Court costs
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Maine Revised Statutes, Title 10, § 3861: Framing of issues
At the request of either party, the following questions of fact shall be submitted to a jury: "What amount claimed in the complaint is due from the defendant to the plaintiff?" and "For how much of such amount has the plaintiff a lien on
Year unavailable
Maine Revised Statutes, Title 10, § 3862: Judgment against defendant
The court must enter judgment for the plaintiff and issue separate executions, with amounts split between the lien and non-lien portions of the vessel claim.
Year unavailable
Maine Revised Statutes, Title 10, § 3863: Sale of vessel; proceeds paid into court
If judgment is recovered in an action where a vessel was attached, the court may order the attaching officer to sell the vessel at auction and pay the net proceeds into court.
- Auction sale
- Court proceeds
- Vessel attachment
Year unavailable
Maine Revised Statutes, Title 10, § 3864: Distribution of proceeds or surplus
The court may direct certain payments from the fund when proceeds exceed the judgments and claims, and may later pay any remaining balance to the persons legally entitled to it.
Year unavailable
Maine Revised Statutes, Title 10, § 3865: Pro rata distribution; prevention of double liens
If the proceeds are not enough to fully pay recovered judgments and undecided claims, the court may hold the money until all actions end and then divide it pro rata, or retain enough to cover the undecided claims’ share and divide the rest ratably.
- Judgments
- Judicial distribution
- Liens
Year unavailable
Maine Revised Statutes, Title 10, § 3866: Vessel under attachment attached on lien claim
If a vessel was already attached before a lien-claim writ of attachment issues, the officer must serve the writ. If a constable attached it, the constable must turn over the possession, the precept, and the return of facts to the officer with the lien writ.
- Legal priority
- Possession transfer
- Vessel attachment
- Writ of attachment
Year unavailable
Maine Revised Statutes, Title 10, § 3867: Nonlien claims not prevented by lien claims
A vessel attached for a lien claim may also be attached by the same officer in the ordinary manner in an action against the owners.
Year unavailable
Maine Revised Statutes, Title 10, § 3868: Sale of vessels attached by lien and nonlien claims
If a vessel attached for lien and nonlien claims is sold by court order and the sale proceeds exceed the lien judgments, the surplus must be paid to the officer.
- Distribution of proceeds
- Judgment enforcement
- Sale of vessel
Year unavailable
Maine Revised Statutes, Title 10, § 3869: Admiralty powers of court
The court may make orders needed to carry out this chapter as intended.
- Chapter administration
- Court orders
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