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 […]
91 – Proceedings Upon Return of Order to Show Cause; Trial of Issue.
§ 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 […]
92 – Order of Sale, When Made.
§ 92. Order of sale, when made. 1. An order may be made by the justice before whom the order to show cause was returnable, for the sale of the vessel, her tackle, apparel and furniture, in the following cases: a. In case the master, owner, consignee or other person interested in the vessel does […]
93 – Sale and Proceeds.
§ 93. Sale and proceeds. Within ten days after the receipt of the order of sale, the sheriff, unless the order be sooner vacated or the lien discharged, shall sell the vessel seized, her tackle, apparel and furniture, upon notice, and in the manner prescribed by law for the sale of personal property upon execution […]
94 – Notice of the Distribution of the Proceeds of Sale.
§ 94. Notice of the distribution of the proceeds of sale. The justice granting the order of sale, upon receiving such proceeds, shall order a notice to be published once a week for three successive weeks in the same newspaper in which the notice of seizure was published, requiring all persons having liens upon the […]
95 – Liens for Which No Warrants Are Issued.
§ 95. Liens for which no warrants are issued. A person who has a lien under this article against the vessel so sold, and has made no application for a warrant thereon, may present to and file with the justice or referee at the time and place specified in the notice of distribution of such […]
86 – Application for Warrant.
§ 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.
§ 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.
§ 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 […]