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. 31342 - Establishing maritime liens
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. 31342 - Establishing maritime liens |
Contains | section 31342 |
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(6), 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 |
Download PDF
(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—
(1) has a maritime lien on the vessel;
(2) may bring a civil action in rem to enforce the lien; and
(3) is not required to allege or prove in the action that credit was given to the vessel.
(b) This section does not apply to a public vessel.
(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, §303(6), Dec. 12, 1989, 103 Stat. 1924.)
Revised section | Source section (U.S. Code) |
---|---|
31342 | 46:971 |
Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. "Providing" has been substituted for "furnishing" for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.
AMENDMENTS1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner" for "A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title", and added subsec. (b).
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.