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 […]
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 […]