§ 2726 — Mechanics’ lien on ship or vessel; time for filing claim; procedure

This subchapter shall also extend to labor or materials performed or furnished in the construction, alteration, furnishing, rigging, launching or repairing of any ship or vessel within this State. No bill of particulars and affidavit shall be filed more than 1 year after such ship or vessel has been launched, rigged, furnished and ready for sea or after such repairs have been completed and shall contain the name of the ship or vessel or a description thereof sufficient for identification. Upon filing the bill of particulars and affidavit under the provisions of this section, the prothonotary may issue a writ of attachment, directed to the sheriff of the county in which the ship or vessel may be, commanding the sheriff to attach the defendant by such ship or vessel, together with the tackle, apparel and furniture, wheresoever the same may be found in the sheriff’s bailiwick, so that the defendant appears at the next term of the Superior Court to answer the plaintiff’s demands. The sheriff shall, under such writ, seize and take possession of the ship or vessel and have the same inventoried and appraised and shall be answerable therefor. If the defendant in the attachment at any time before judgment appears and enters into recognizance to the plaintiff in the writ of attachment in a reasonable penalty and with surety to be approved by the prothonotary with condition to pay the condemnation money and all costs or otherwise abide the judgment of the Superior Court in the case and if the defendant fails to make good the defendant’s plea, the attachment shall be dissolved, the ship or vessel shall be discharged, and the case shall proceed as in other cases of assumpsit for work and labor or materials furnished.

Legislative History

16 Del. Laws, c. 145, § 5 ; 20 Del. Laws, c. 591 ; Code 1915, § 2847; Code 1935, § 3328; 25 Del. C. 1953, § 2726; 84 Del. Laws, c. 42, § 102