Availability of instruments, copies, and information.
Certain civil actions not authorized.
Liability for noncompliance.
Waiver of lien rights.
Declaration of citizenship.
State statutes superseded.
Secretary of Commerce or Transportation as mortgagee.
General civil penalty.
SUBCHAPTER II—COMMERCIAL INSTRUMENTS
Filing, recording, and discharge.
Disclosing and incurring obligations before executing preferred mortgages.
Retention and examination of mortgages of vessels covered by preferred mortgages.
Preferred mortgage liens and enforcement.
Court sales to enforce preferred mortgage liens and maritime liens and priority of claims.
Forfeiture of mortgagee interest.
Court sales of documented vessels.
SUBCHAPTER III—MARITIME LIENS
Persons presumed to have authority to procure necessaries.
Establishing maritime liens.
Recording and discharging notices of claim of maritime lien.
Historical and Revision Notes
101  of H.R. 3105 [became Pub. L. 100–710] revises, consolidates, and enacts certain general and permanent laws of the United States related to commercial instruments and liens and public vessels and goods. It amends subtitle
III of title
46, United States Code by striking at the end “Chapters 313, 315—Reserved” and substituting “Chapter 313—Commercial Instruments and Maritime Liens”. Chapter 313 is essentially a codification of the Ship Mortgage Act, 1920 (46 App. U.S.C. 911–984). H.R. 3105 is the second step in the process of enacting laws compiled in title 46 of the Code into positive law. The first step in the codification process began in 1983 when certain general and permanent laws related to vessels and seamen were enacted as subtitle II of the title 46, United States Code.
house floor statement
Section 102 of this bill adds a new subtitle III to title 46, which contains a codification of the Ship Mortgage Act, 1920 and other related provisions. A previous version of this codification and the remaining sections of the bill were recently reported by the Merchant Marine and Fisheries Committee in H.R. 3105 (H. Rept. 100–918). The significant additions or changes by this provision to the version of H.R. 3105 reported by the Merchant Marine and Fisheries Committee are explained as follows: [see sections
31343 of this title].
2002—Pub. L. 107–295, title II, § 205(a)(2),Nov. 25, 2002, 116 Stat. 2096, substituted “notices of claim of maritime lien” for “liens on preferred mortgage vessels” in item 31343.
1996—Pub. L. 104–324, title XI, § 1113(b)(3),Oct. 19, 1996, 110 Stat. 3970, struck out item 31328 “Limitations on parties serving as trustees of mortgaged vessel interests”.
The table below lists the classification updates, since Jan. 3, 2012, for the contained sections. If there are multiple sections, they are presented in section number order (original document order).
The most recent Classification Table update that we have noticed was Friday, May 3, 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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