2016 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 313 - Commercial Instruments and Maritime Liens
Subchapter III - Maritime Liens
Sec. 31342 - Establishing maritime liens

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Citation 46 U.S.C. § 31342 (2016)
Section Name §31342. Establishing maritime liens
Section Text

(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.

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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource 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.

AMENDMENTS

1989—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).

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 102 Stat. 4748
103 Stat. 1924
Public Law References Public Law 100-710, Public Law 101-225
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