106 – Sheriff Must Return Warrant.
§ 106. Sheriff must return warrant. A sheriff to whom a warrant may have been delivered pursuant to the provisions of this article, may be compelled by an order made by the justice issuing it, to return such warrant with his proceedings thereon and pay over moneys in his hands, and to take any necessary […]
107 – Discharge of Lien Before Issue of Warrant.
§ 107. Discharge of lien before issue of warrant. When any notice of lien shall have been filed under this article and no warrant has been issued to enforce the same, any person interested in the vessel, may apply to any justice of the supreme court for leave to discharge the lien upon giving an […]
104 – Action on Undertaking.
§ 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 […]
105 – Costs of Proceedings.
§ 105. Costs of proceedings. The costs of the proceedings in addition to the disbursements shall be: For filing notice of lien, two dollars. For applying for and procuring a warrant if the lien is fifty dollars or under, ten dollars; if the lien exceeds fifty dollars and is not more than two hundred and […]
96 – Contested Claims.
§ 96. Contested claims. The master, owner, agent or consignee of the vessel, or any person having an interest in the proceeds before final distribution thereof, may contest any claim made against the vessel or its proceeds, by filing with such justice a written answer, verified as a pleading in a court of record, designating […]
97 – Trial of Issues and Appeal.
§ 97. Trial of issues and appeal. The issues raised by any such answer shall be tried in the same manner as issues are tried in a court of record without a jury, before such justice at a time and place to be fixed by him, or they may be referred by such justice to […]
98 – Distribution of Proceeds.
§ 98. Distribution of proceeds. Upon the determination of all the claims presented, the justice or referee shall make an order of distribution of the proceeds. The order shall direct the payment of the claims found to be subsisting liens upon such vessel or proceeds, with all costs, expenses and allowances, in the order of […]
99 – Payment of Uncontested Claims.
§ 99. Payment of uncontested claims. Any uncontested claims, entitled to priority of payment over the claims which are contested, shall, on motion of the parties interested, be paid with costs, in the order of their respective priorities, without awaiting the determination of such contest. If at any time it is made to appear that […]
100 – Distribution of Surplus.
§ 100. Distribution of surplus. If upon payment of all claims established as liens against the vessel from the proceeds of its sale, a surplus remains, it may be distributed by the court to the persons entitled thereto, after a hearing and the publication of a notice by the applicants for the same time and […]
101 – Application for a Discharge of Warrant.
§ 101. Application for a discharge of warrant. The owner, consignee, agent or master of any vessel so seized, or any person interested therein, may at any time before the sale of the vessel under this article, apply in person or by attorney to the justice issuing the warrant, on at least one day’s notice […]