Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
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 undertaking therefor to the lienor. The application
shall be in writing, and shall state the amount of the lien claimed and
the grounds of the defense thereto, and the names of the persons
proposed as sureties on such undertaking, with their respective
residences and places of business. Upon presenting such application with
proof that a copy thereof, with at least five days' notice of the time
and place of presenting the same, has been served upon the lienor, such
justice may, if no just cause be shown in opposition thereto, authorize
the execution of such undertaking, which shall be to the same effect as
an undertaking required in this article upon the application to
discharge a warrant, and an action may be brought thereon in like
manner. At the time of the presentation of such application the sureties
proposed in such undertaking shall justify before such justice. When
such undertaking has been executed and approved by such justice and
delivered to the lienor, the justice shall direct the clerk with whom
the notice of lien is filed to mark the same as discharged, and it shall
cease to be a lien upon such vessel.