(a) In General.— A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties.
(b) In Rem.—
(1) Requirements.— The action may proceed according to the principles of an action in rem if—
(A)the plaintiff elects in the complaint; and
(B)it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.
(2) Effect on relief in personam.— An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.
In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.
In subsection (b)(1)(A), the words “plaintiff” and “complaint” are substituted for “libelant” and “libel”, respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words “in any proper case” are omitted as unnecessary.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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