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 […]
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 […]
102 – Undertaking to Accompany Application for Discharge.
§ 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.
§ 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 […]