§ 92 — Order of sale, when made

New York § 92

• Jurisdiction: New York
• Law LIE: Lien
• Art. 4: Liens On Vessels and Enforcement Thereof

Text

§ 92. Order of sale, when made. 1. An order may be made by the justice\nbefore whom the order to show cause was returnable, for the sale of the\nvessel, her tackle, apparel and furniture, in the following cases:\n a. In case the master, owner, consignee or other person interested in\nthe vessel does not appear upon the return day and contest the claim of\nthe lienor, and proof is made of the service of the order to show cause\nand the application and of the publication of the notice and the service\nthereof, as required in this article and due proof is made of the\nvalidity and amount of such claim;\n b. In case a trial is had of the issues raised, and it is determined\nthat the lien is valid and the amount claimed by the lienor or some part\nthereof is due.\n 2. Such order shall direct the sheriff who seized the vessel to sell\nthe same and her tackle, apparel and furniture, to satisfy the liens\nestablished on the hearing, and pay the costs and expenses necessarily\nincurred in the proceedings as prescribed in this article. The rights of\nsecured parties whose security interests have been perfected by filing\naccording to law, prior to the filing of the notice of lien, on account\nof which the order of sale is granted, shall not be affected by the sale\nof such vessel pursuant to such order.\n