92 - Order of sale, when made.

§ 92. Order of sale, when made. 1. An order may be made by the justice  before  whom the order to show cause was returnable, for the sale of the  vessel, her tackle, apparel and furniture, in the following cases:    a. In case the master, owner, consignee or other person interested  in  the  vessel does not appear upon the return day and contest the claim of  the lienor, and proof is made of the service of the order to show  cause  and the application and of the publication of the notice and the service  thereof,  as  required  in  this  article  and  due proof is made of the  validity and amount of such claim;    b. In case a trial is had of the issues raised, and it  is  determined  that the lien is valid and the amount claimed by the lienor or some part  thereof is due.    2.  Such  order shall direct the sheriff who seized the vessel to sell  the same and her tackle, apparel and furniture,  to  satisfy  the  liens  established  on  the hearing, and pay the costs and expenses necessarily  incurred in the proceedings as prescribed in this article. The rights of  secured parties whose security interests have been perfected  by  filing  according  to law, prior to the filing of the notice of lien, on account  of which the order of sale is granted, shall not be affected by the sale  of such vessel pursuant to such order.