91 - Proceedings upon return of order to show cause; trial of issue. - New York Statutes

§ 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 as contained in the application for a warrant, by filing with the justice an affidavit controverting any material allegation contained in the notice of lien or the application of the lienor. The issue so raised shall be tried as are other issues in a court of record, without a jury, before the justice granting the order at a time to be fixed by him, or they may be referred by him to a referee, to be heard and determined.