Section 104. Action on undertaking

The undertaking may be prosecuted by
  action in any court having jurisdiction  thereof,  at  any  time  within
  three  months  after its delivery, but not afterward. If, in such action
  it is found that any sum is due the plaintiff  which  was  a  subsisting
  lien  upon  the  vessel  at  the  time the notice of lien was filed, the
  plaintiff shall have judgment for the recovery  of  the  same  with  the
  costs  and  disbursements of the action and the costs of the proceedings
  for the seizing of the vessel and shall have execution therefor.  If  it
  is  found  in  such  action that no such lien existed, judgment shall be
  rendered against the plaintiff for the costs and  disbursements  of  the
  action  and  the costs of the proceedings, including the amount paid the
  sheriff in the discharge of the vessel from the warrant.