When rendered applicant. or only upon the right of the defendant, as justice may require. 806. (§ 313.) If the judgment be rendered upon in favor of the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office. Damages may be by 807. (§ 314.) If judgment be rendered upon the recovered right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant. successful applicant. When several persons claim the 808. (§ 315.) When several persons claim to be entitled to the same office or franchise, one action may same office, be brought against all such persons, in order to try their respective rights to such office or franchise. etc. If defendant found guilty, what judgment to be rendered against him. 809. (§ 316.) When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The Court may also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the Treasury of the State. CHAPTER VI. OF ACTIONS AGAINST STEAMERS, VESSELS, AND BOATS. SECTION 813. When vessels, etc., are liable. Their liabilities con stitute liens. 814. Actions may be brought directly against such ves sels, etc. 815. Complaint must be verified. 816. Summons may be served on the master, mate, etc. 817. Plaintiff may have such vessel, etc., attached. 818. The Clerk must issue the writ of attachment. 819. Such writ must be directed to the Sheriff. Sheriff may release upon sufficient undertaking. 820. Sheriff must execute such writ without delay. 821. The owner, master, etc., may appear and defend such 822. Proceedings in actions under this Chapter. 823. After appearance attachment may, on motion, be dis charged. 824. When not discharged, such vessel, etc., may be sold at 825. Mariners and others may assert their claim for wages, 826. Proof of the claims of mariners and others. 827. Sheriff's notice of sale to contain measurement, ton nage, etc. 813. (§ 317.) All steamers, vessels, and boats are When liable: 1. For services rendered on board at the request of, or on contract with, their respective owners, masters, agents, or consignees; 2. For supplies furnished for their use at the request of their respective owners, masters, agents, or consignees; 3. For materials furnished for their construction, repair, or equipment; 4. For their wharfage and anchorage within this State; 5. For injuries committed by them to persons or property. vessels, etc., are liable. Their liabilities constitute The several causes of action constitute liens upon lions. Actions may be brought directly against such vessels, etc. Complaint must be verified. Summons may be served on the master, mate, etc. Plaintiff may have etc.. attached. all steamers, vessels, and boats, and have priority in their order herein enumerated, and have preference over all other demands; but such liens only continue in force for the period of one year from the time the cause of action accrued. 814. ($318.) Actions for damages, arising upon any of the grounds specified in the preceding section, may be brought directly against such steamers, vessels, or boats. 815. (§ 319.) The complaint must designate the steamer, vessel, or boat by name, and must be verified by the oath of the plaintiff, or some one on his behalf. 816. (§ 320.) The summons, attached to a certified copy of the complaint, may be served on the master, mate, or person having charge of the steamer, vessel, or boat against which the action is brought. 817. (§ 321.) The plaintiff, at the time of issuing such vessel, the summous, or at any time afterwards, may have the steamer, vessel, or boat against which the action is brought, with its tackle, apparel, and furniture, attached as security for the satisfaction of any judgment that may be recovered therein. The Clerk must issue the writ of attachment. 818. (§ 322.) The Clerk of the Court must issue a writ of attachment, on the application of the plaintiff, upon receiving a written undertaking on behalf of the plaintiff, executed by two or more sufficient sureties, to the effect that if the judgment be rendered in favor of the steamer, vessel, or boat, as the case may be, he will pay all costs and damages that may be awarded against him, and all damages that may be sustained by such steamer, vessel, or boat from the attachment, not exceeding the sum specified in the undertaking, which shall in no case be less than five hundred dollars when the attachment is issued against a steamer or vessel, or less than two hundred dollars when issued against a boat. must be Such writ directed to the Sheriff. 819. ($ 323.) The writ must be directed to the Sheriff of the county within which the steamer, vessel, or boat lies, and direct him to attach such steamer, vessel, or boat, with its tackle, apparel, and furniture, and keep the same in his custody until discharged in due course of law, unless the owner, master, agent, or consignee thereof give him security, by the undertak- Sheriff may ing of at least two sufficient sureties, in an amount upon, sufficient to satisfy the demand in suit, besides costs; in which case, to take such undertaking. release sutfcient undertak must such writ without delay. 820. (§ 324.) The Sheriff to whom the writ is Sheriff directed and delivered must execute it without delay, execute and must, unless the undertaking mentioned in the last section is given, attach and keep in his custody the steamer, vessel, or boat named therein, with its tackle, apparel, and furniture, until discharged in due course of law; but the Sheriff is not authorized by any such writ to interfere with the discharge of any merchandise on board of such steamer, vessel, or boat, or with the removal of any trunks or other property of passengers, or of the captain, mate, seamen, steward, cook, or other persons employed on board. The owner, master, etc., may appear and 821. ($325.) The owner, master, agent, or consignee of the steamer, vessel, or boat against which the action is brought may appear and answer, or plead defend to the action; and may except to the sufficiency of the sureties on the undertaking filed on the behalf of the plaintiff, and may require sureties to justify, as in actions against individuals upon bail on arrest. ings in 822. (§ 326.) All proceedings in actions under Proceedthe provisions of this Chapter must be conducted in actions the same manner as in actions against individuals, except as otherwise herein provided; and in all proceed under this Chapter. After appearance, may, on discharged. ings subsequent to the complaint, the steamer, vessel, or boat may be designated as defendant. 823. (§ 327.) After the appearance in the action attachment of the owner, master, agent, or consignee, the attachmotion, be ment may, on motion, be discharged in the same manner, and on like terms and conditions, as attachments in other cases, subject to the provisions of Section 825. When not discharged, etc., may be sold at public auction. 824. (§ 328.) If the attachment be not discharged, such vessel, and a judgment be recovered in the action in favor of the plaintiff, and an execution be issued thereon, the Sheriff must sell at public auction, after publication of notice of such sale for ten days, the steamer, vessel, or boat, with its tackle, apparel, and furniture, or such interest therein as may be necessary, and must apply the proceeds of the sale as follows: Application of proceeds. Mariners and others their claim for wages, 1. When the action is brought for demands other than the wages of mariners, boatmen, and others employed in the service of the steamer, vessel, or boat sold, to the payment of the amount of such wages, as specified in the execution; 2. To the payment of the judgment and costs, including his fees; 3. He must pay any balance remaining to the owner, master, agent, or consignee, who may have appeared in the action; or if there be no appearance, then into Court, subject to the claim of any party or parties legally entitled thereto. 825. ($329.) Any mariner, boatman, or other may assert person employed in the service of the steamer, vessel, or boat attached, who may wish to assert his claim for wages against the same, the attachments being issued for other demands than such wages, may file an affidavit of his claim, setting forth the amount and the particular service rendered, with the Clerk of the notwithstanding prior attachment. How enforced. |