§30907 — Title 46 Shipping | U.S. Code

Summary

Lawsuits under this part must follow the same legal rules and court procedures that apply to similar private lawsuits. The person suing can choose to treat the case as one against a vessel or its cargo (an "action against the thing") if they say that in their complaint and if a suit against the vessel or cargo would have been allowed had it been privately owned and possessed. Choosing that option does not stop them from also asking for relief against a person (an "action against a person") in the same case.

Title 46, §30907

Shipping — Source: USLM XML via OLRC

(a)A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties.

(b)(1)The action may proceed according to the principles of an action in rem if—

(A)the plaintiff elects in the complaint; and

(B)it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.

(2)An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30907(a)46 App.:743 (1st, 4th sentences).Mar. 9, 1920, ch. 95, § 3 (1st, 4th–6th sentences), 41 Stat. 526. 30907(b)46 App.:743 (5th, 6th sentences). In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary. In subsection (b)(1)(A), the words “plaintiff” and “complaint” are substituted for “libelant” and “libel”, respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b)(2), the words “in any proper case” are omitted as unnecessary.

§30907 Procedure for hearing and determination

Summary

Title 46, §30907

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata