46 U.S.C. § 31342 — Establishing maritime liens
U.S.C. Title 46 - SHIPPING 46 U.S.C. United States Code, 2023 Edition Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS SUBCHAPTER III - MARITIME LIENS Sec. 31342 - Establishing maritime liens From the U.S. Government Publishing Office, www.gpo.gov
§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.
(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.)
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.
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.