New York Lien Law Article 4 - LIENS ON VESSELS AND ENFORCEMENT THEREOF

• 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,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...

Last modified: February 3, 2019