2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 313 - Commercial Instruments and Maritime Liens (Sections 31301 - 31343)
Subchapter III - Maritime Liens (Sections 31341 - 31343)
Sec. 31341 - Persons presumed to have authority to procure necessaries
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS SUBCHAPTER III - MARITIME LIENS Sec. 31341 - Persons presumed to have authority to procure necessaries |
| Contains | section 31341 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 100-710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101-225, title III, §303(5), Dec. 12, 1989, 103 Stat. 1924. |
| Statutes at Large References | 102 Stat. 4748 103 Stat. 1924 |
| Public and Private Laws | Public Law 100-710, Public Law 101-225 |
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(a) The following persons are presumed to have authority to procure necessaries for a vessel:
(1) the owner;
(2) the master;
(3) a person entrusted with the management of the vessel at the port of supply; or
(4) an officer or agent appointed by—
(A) the owner;
(B) a charterer;
(C) an owner pro hac vice; or
(D) an agreed buyer in possession of the vessel.
(b) A person tortiously or unlawfully in possession or charge of a vessel has no authority to procure necessaries for the vessel.
(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, §303(5), Dec. 12, 1989, 103 Stat. 1924.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 31341(a) | 46:972 (1st sentence), 973 |
| 31341(b) | 46:972 (2d sentence) |
Section 31341(a) lists those persons who are presumed to have authority to procure necessaries for a vessel. These include the owner, master, or a manager at the port of supply; and an officer or agent appointed by the owner, charterer, owner pro hac vice, or buyer in possession of the vessel. This subsection makes no substantive change to law.
Section 31341(b) provides that any person that is tortiously or unlawfully in possession of or in charge of a vessel has no authority to procure necessaries. This subsection makes no substantive change to law.
AMENDMENTS1989—Subsec. (a)(3). Pub. L. 101–225 substituted "management" for "mangement".
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