Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 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.
Amendment history
16 Del. Laws, c. 145, § 5; 20 Del. Laws, c. 591; 84 Del. Laws, c. 42, § 102
Source: view the official text
In this title (40 sections)
- 25-2704 · Liens effective for or against corporations
- 25-2705 · Duty of contractor to provide list of persons furnishing…
- 25-2706 · Waiver of lien
- 25-2707 · Payment of contractor by owner of residence as a defense;…
- 25-2708 · Fringe benefits
- 25-2711 · Time for filing of statement of claim
- 25-2712 · Requirements of complaint or statement of claim
- 25-2713 · Claims against 2 or more structures owned by same person
- 25-2714 · Proceedings by scire facias; form
- 25-2715 · Issuance and service of scire facias
- 25-2716 · Default judgment; affidavit of defense
- 25-2717 · Proof of work done or materials furnished as prima facie…
- 25-2718 · Lien of judgment
- 25-2719 · Execution by levari facias; form
- 25-2720 · Division of proceeds
- 25-2721 · Savings provision for personal actions
- 25-2722 · Lien where labor is done or materials furnished at instance…
- 25-2723 · Rights of owner where lien or judgment is obtained by a…
- 25-2724 · Entries in Mechanics’ Lien Docket
- 25-2725 · Procedure where claimant institutes personal action and also…
- 25-2726 · Mechanics’ lien on ship or vessel; time for filing claim;…
- 25-2727 · Auditors; powers and duties; report to Court; exceptions to…
- 25-2728 · Judgment on attachment; sale and distribution; suit for…
- 25-2729 · Discharge of lien on payment into Court or entry of security
- 25-2731 · Lien for less than $100
- 25-2732 · Time for filing statement of claim; place
- 25-2733 · Requirements of statement of claim
- 25-2734 · Summons; judgment; transcript
- 25-2735 · Entry of transcript and judgment in Superior Court; effect;…
- 25-2736 · Execution by levari facias; form
- 25-2737 · Discharge of lien on payment into Court or entry of security
- 25-2901 · Lien of taxes and other charges; Notice of Lien
- 25-2902 · Attachment of lien to proceeds of sale
- 25-2903 · Duration of lien
- 25-2904 · Payment of taxes by lienholder; action for collection
- 25-2905 · Action by lienholder to collect tax lien; amount of recovery;…
- 25-2906 · Priority of liens of the State and political subdivisions on…
- 25-3101 · Federal tax liens and liens notices
- 25-3102 · Place of filing
- 25-3103 · Execution of notices and certificates