
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC31341]

 
                           TITLE 46--SHIPPING
 
                    Subtitle III--Maritime Liability
 
         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
 
                     SUBCHAPTER III--MARITIME LIENS
 
Sec. 31341. Persons presumed to have authority to procure 
        necessaries
        
    (a) The following persons are presumed to have authority to procure 
necessaries for a vessel:
        (1) the owner;
        (2) the master;
        (3) a person entrusted with the management of the vessel at the 
    port of supply; or
        (4) an officer or agent appointed by--
            (A) the owner;
            (B) a charterer;
            (C) an owner pro hac vice; or
            (D) an agreed buyer in possession of the vessel.

    (b) A person tortiously or unlawfully in possession or charge of a 
vessel has no authority to procure necessaries for the vessel.

(Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat. 4748; 
Pub. L. 101-225, title III, Sec. 303(5), Dec. 12, 1989, 103 Stat. 1924.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
31341(a)..........................  46:972 (1st sentence), 973
31341(b)..........................  46:972 (2d sentence)
------------------------------------------------------------------------

    Section 31341(a) lists those persons who are presumed to have 
authority to procure necessaries for a vessel. These include the owner, 
master, or a manager at the port of supply; and an officer or agent 
appointed by the owner, charterer, owner pro hac vice, or buyer in 
possession of the vessel. This subsection makes no substantive change to 
law.
    Section 31341(b) provides that any person that is tortiously or 
unlawfully in possession of or in charge of a vessel has no authority to 
procure necessaries. This subsection makes no substantive change to law.


                               Amendments

    1989--Subsec. (a)(3). Pub. L. 101-225 substituted ``management'' for 
``mangement''.

                  Section Referred to in Other Sections

    This section is referred to in sections 31301, 31323 of this title.
