
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: 46USC31342]

 
                           TITLE 46--SHIPPING
 
                    Subtitle III--Maritime Liability
 
         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
 
                     SUBCHAPTER III--MARITIME LIENS
 
Sec. 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, Sec. 102(c), Nov. 23, 1988, 102 Stat. 4748; 
Pub. L. 101-225, title III, Sec. 303(6), Dec. 12, 1989, 103 Stat. 1924.)

                      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).
