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§31342 Establishing Maritime Liens

Title 46 › Subtitle Subtitle III— Maritime Liability › Chapter 313— COMMERCIAL INSTRUMENTS AND MARITIME LIENS › Subchapter III— MARITIME LIENS › § 31342

Last updated Apr 5, 2026|Official source

Summary

If the owner or someone the owner allows orders needed supplies or services, supplier gains a legal claim on the vessel, can sue it, and needn't prove credit; not for government vessels.

Full Legal Text

Title 46, §31342

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(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 3134246:971 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 31342

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Last Updated

Apr 5, 2026

Release point: 119-73not60