For the enforcement of such lien, the owner of such boom, bulkhead, piles or other structure, may have process of attachment from any court having jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or stick of timber or wood upon which the lien exists:

1. (1) When such claim is due and the defendant, on demand, fails or refuses to pay the same.
2. (2) Whether such claim is due or not, when the defendant has removed, or there is good reason to believe he is about to remove any of the property on which the lien declared in Section 35-11-310 exists, without paying such charges.

(Code 1896, §2785; Code 1907, §4819; Code 1923, §8911; Code 1940, T. 33, §74.)