In an action to foreclose a lien upon a chattel, if the plaintiff is not in possession of the chattel a warrant, commanding the Marshal to seize the chattel, and safely keep it to abide the judgment, may be issued in like manner, as a warrant of attachment may be issued, in an action founded upon a contract, and the provisions of law applicable to a warrant of attachment issued out of the Court apply to a warrant issued as prescribed in this Part 2, and to the proceedings to procure it, and after it has been issued, except as otherwise specified in the judgment, and, if any chattel, described in the warrant, is secured or concealed in a building or inclosure, the Marshal must publicly demand its delivery. If it is not delivered, pursuant to the demand, he must cause the building or inclosure to be broken open, and must take the chattel into his possession.
No action shall be maintained in this Court, which arises on a written contract of conditional sale of personal property; as hiring of personal property, where title is not to vest in the person hiring until payment of a certain sum; or a chattel mortgage made to secure the purchase price of chattels; except an action to foreclose the lien, as provided in this article. For the purpose of this section an instrument in writing as above stated shall be deemed a lien upon a chattel; provided, however, that an action may be maintained to recover a sum or sums due and payable for installment, payment or hiring, but in such cases no order of arrest shall issue.
In an action of foreclosure, as provided in the last section, the plaintiff may allege that the defendant willfully or maliciously disposed of or concealed the property or a part thereof, covered by the instrument on which suit is instituted, in which case the Court may grant an order of arrest in the manner provided in Article II of this Part 2, and upon such allegation being proved on the trial, execution against the person shall issue, if the provisions of this Part 2 relating to indorsement upon the summons have been complied with, unless the property awarded by the judgment is produced by the defendant to satisfy the execution and levy, when made as provided in this article. Upon judgment being rendered, as prescribed in this article under the provisions of this or the last preceding section, and execution issuing thereon, the property subject to levy must be produced or possession made readily available at the time of such levy, to satisfy the execution in the manner prescribed in the judgment, and on failure so to do an execution against the person shall issue, provided that the provisions of this Part 2 relating to indorsement upon the summons have been complied with, on the return of the Marshal having the execution made to the Clerk of the Court to the effect that such property is not available for levy and execution.
In an action to foreclose a lien, the final judgment in favor of the plaintiff must specify the amount of the lien, and direct a sale of the chattel to satisfy the same, and the cost, if any, by a Marshal, in like manner, as where a Marshal sells personal property by virtue of an execution, and the application by him of the proceeds of the sale, less his fees and expenses, to the payment of the amount of the lien, and the costs of the action. It must also provide for the payment of the surplus to the owner of the chattel, and for the safekeeping of the surplus, if necessary, by the Clerk of the Court, until it is claimed by him. If a defendant upon whom the summons is personally served is liable for the amount of the lien, or for any part thereof, it may also award payment accordingly.
For the purpose of levying upon a chattel by virtue of an execution that the chattel may be sold as provided for in and by the execution, the powers of the Marshal are the same as where he is required to seize a chattel in an action to foreclose a lien upon the chattel, and if any chattel described in the execution is secured or concealed in a building or inclosure the Marshal must publicly demand its delivery. If it is not delivered pursuant to demand he must cause the building or inclosure to be broken open and must take the chattel into his possession for the purpose of selling it as provided for in and by the execution.
This article does not affect any existing right or remedy to foreclose or satisfy a lien upon a chattel without action, and it does not apply to a case, where another mode of enforcing a lien upon a chattel is specially prescribed by law.