Page:Federal Reporter, 1st Series, Volume 3.djvu/465

 458 FEDERAL REPORTER. �May, 1869. Laws 1869, c. 738. The act îs entitled "An act to provide for enforeing the lien of innkeepers, boarding- house keepers, meehanics, workmen, or bailees upon chattel property." �The first section provides that any innkeeper, meehanic, ■workman, or bailee, who shall have a lien upon any chattel property, may commence an action in any court having juris- diction of the amount of such lien for the enforcement and foreclosure thereof. �The second section provides that such action shall proceed in ail respects as civil actions in the court in which the same is commenced. �The third section provides that the judgment in such action may be the same as in other civil actions in the same court, and in addition thereto, if in favor of the plaintiff, may fix the amount of such lien, and adjudge the foreclosure of the same, and the sale of the chattel property affected therehy, and specify the officer who shall make such sale, and in such case shall direct the disposition of the proceeds thereof to the payment of the amount of such lien, with the costs of the action, and the costs and expenses of such sale, and shall provide for the safe-keeping of any surplus arising thereon, and the payment thereof to the owner of such chattel prop- erty, or his assigna or representatives. �The fourth section gives a right of appeal as in other cases. �The fifth section provides that nothing in the act shall be construed to aiïect or impair the right of any person to en- force or foreclose a lien upon chattel property in any other manner than is therein provided. �Hawkins commenced his action in the supreme court of the state, making Terrell, the owner, and one Whitehead, a mortgagee, the defendants. His complaint alleges that he was, at the times mentioned therein, a shipwright, engaged in the business of building and repairing vessels at City Island, New York; that on the twentieth day of August, 1879, the defendant Terrell was the owner of the schooner, and employed the plaintiff to make certain alterations and repairs ����