570.417 Order of appraisement; issuance of writ of restitution; court order for sale to prevent loss.
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570.417 Order of appraisement; issuance of writ of restitution; court order for sale to prevent loss.
Sec. 17.
If any party in interest so elect, in place of bonding as aforesaid, he may apply to the court or judge thereof upon like notice as aforesaid, for an order of appraisement of such water-craft so seized, by 3 competent persons to be appointed by the court or judge thereof, and named in the order; and upon such party depositing with the clerk the amount of such appraisement in money, or executing and filing with him a bond for said amount, executed as heretofore provided in sections 13 and 14, it shall be the duty of the clerk to issue a writ of restitution as provided in the next section; and if the claimant of such water-craft shall decline any such application, or the property seized shall be liable to decay, depreciation, or injury from delay, the court in its discretion, may order the same or part thereof to be sold, and the proceeds thereof to be brought into court to abide the event of the suit.
History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6663 ;-- How. 8251 ;-- CL 1897, 10804 ;-- CL 1915, 14907 ;-- CL 1929, 13153 ;-- CL 1948, 570.417