§ 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. 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 […]
§ 102. Undertaking to accompany application for discharge. The application shall be accompanied by an undertaking to the lienor executed by at least two sureties in a sum at least twice the amount specified in the warrant, to the effect that the person making the application for the discharge of the vessel will pay the […]
§ 103. Discharge of warrant. When such undertaking shall have been executed, approved and delivered to the lienor and the taxed fees of the sheriff upon the seizure and detention of the vessel have been paid, the justice shall make an order discharging the warrant, and no further proceedings against the vessel seized shall be […]
§ 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. 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 […]
§ 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. 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 […]
§ 80. Liens on vessels. A debt which is not a lien by the maritime law, and which amounts to fifty dollars or upwards, on a sea-going or ocean-bound vessel, or fifteen dollars or upwards on any other vessel shall be a lien upon such vessel, her tackle, apparel and furniture, and shall be preferred […]
§ 81. Lien on vessel causing damage. When a vessel shall have sustained damage by any other vessel through the negligence or wilful misconduct of the person navigating such vessel, to the extent of fifty dollars, the owner of the damaged vessel shall have a lien, unless a lien is given therefor by maritime law, […]
§ 82. Notice of lien, when to be filed. Every debt specified in section eighty shall cease to be a lien upon such vessel unless the lienor shall, within ninety days after the debt becomes due, except as hereinafter provided, file a notice of lien, containing the name of the vessel, the name of the […]
§ 83. Duration of lien. Every lien for a debt shall cease if the vessel navigates the western or northwestern lakes, or either of them, or the Saint Lawrence river, at the expiration of six months after the first of January next succeeding the time when the debt was contracted, and in case of any […]
§ 84. Assignment of lien. A lien, a notice of which has been filed pursuant to the provisions of this article, may be assigned by a written instrument duly acknowledged and filed in the same place where the notice of the lien was filed. The assignment shall specify the debt upon which the lien is […]
§ 85. Enforcement of lien. If a lien, created by virtue of this article, is founded upon a maritime contract, it can be enforced only by proceedings in the courts of the United States, and in any other case, in the courts of this state, in the manner prescribed in the following sections of this […]
§ 86. Application for warrant. The lienor may make a written application to a justice of the supreme court, at chambers, in the judicial district in which the lienor resides or in a county adjoining such district, for a warrant to enforce a lien on a vessel and to collect the amount thereof. The application […]
§ 87. Undertaking to accompany application. Such application shall be accompanied by an undertaking in the sum of at least one hundred dollars, to be approved by such justice and filed in the office of the clerk of the county where the notice of lien is filed, with at least one surety, who shall be […]
§ 88. Warrant; execution thereof. Thereupon, such justice shall issue a warrant to the sheriff of the county where such vessel may be, or, generally to the sheriff of any county, specifying the amount of the claim, and the names of the persons making the claim and commanding him to seize and safely keep such […]
§ 89. Order to show cause; contents; service. At the time of issuing such warrant the justice shall grant an order to show cause, why the vessel seized by virtue of such warrant should not be sold to satisfy the lien specified in the application. Such order shall be returnable not less than eight days […]
§ 90. Notice of issuance of warrant to be published and served. Within three days after the issue of the warrant, the applicant shall cause a notice to be published once in each week for two consecutive weeks, in a newspaper published in the county where the vessel was seized, stating the issuance of the […]
§ 91. Proceedings upon return of order to show cause; trial of issue. At the time and place mentioned in the order to show cause, the master or other person in charge of such vessel, the owner or consignee thereof or any other person interested therein, may apply and contest the claim of the lienor […]
