12:3-61 - Enforcement of lien by sale; notice; fees and costs; disposition of proceeds - New Jersey Statutes

12:3-61.  Enforcement of lien by sale;  notice;  fees and costs; disposition of proceeds    Upon the removal by the department of a boat, barge or raft in accordance with section 12:3-60 of this Title, it shall enforce the lien thereby given for  the cost of the removal by sale of the boat, barge or raft.

    Written notice of the lien and of the amount thereof, and of the sale, shall  be given by posting a copy thereof, signed by the commissioner or chief engineer of the department, upon the boat, barge or raft and in three public places, at least fifteen days before the date of the sale.

    If the amount of the lien and accrued costs is not satisfied before the day  fixed for sale, the boat, barge or raft shall be sold to the highest bidder.   Out of the proceeds shall be deducted the cost of the sale, which shall  consist of the amount of the cost of the removal of the boat, barge or raft,  together with a fee of ten dollars ($10.00) for the preparation and posting of  notices and ten dollars ($10.00) for selling and execution of the certificate  of sale.  The balance, if any, shall be paid to the Clerk of the Superior Court  to be held by him for the benefit of the owner of the boat, barge or raft.   Such balance shall be paid out only upon the order of the Superior Court.

     Amended by L.1953, c. 12, p. 101, s. 6, eff. March 19, 1953.