46 U.S. Code § 31342 - Establishing maritime liens

§ 31342.
Establishing maritime liens
(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.

Historical and Revision Notes

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.

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).

 

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