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 […]
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 […]
89 – Order to Show Cause; Contents; Service.
§ 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.
§ 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.
§ 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 […]