2010 US Code
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

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 4, Title 46 - SHIPPING
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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
Containssection 31341
Date2010
Laws in Effect as of DateJanuary 7, 2011
Positive LawYes
Dispositionstandard
Source CreditPub. 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 References102 Stat. 4748
103 Stat. 1924
Public Law ReferencesPublic Law 100-710, Public Law 101-225


§31341. Persons presumed to have authority to procure necessaries

(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.)

Historical and Revision Notes
Revised sectionSource 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.

Amendments

1989—Subsec. (a)(3). Pub. L. 101–225 substituted “management” for “mangement”.

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