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46 U.S.C. § 31326 — Court sales to enforce preferred mortgage liens and maritime liens and priority of claims
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When a vessel is sold by order of a district court in a civil action in rem brought to enforce a preferred mortgage lien or a maritime lien, any claim in the vessel existing on the date of sale is terminated, including a possessory common law lien of which a person is deprived under [section 31325(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31325/e/2&num=0&edition=prelim), and the vessel is sold free of all those claims.
**(b)** Each of the claims terminated under subsection (a) of this section attaches, in the same amount and in accordance with their priorities to the proceeds of the sale, except that—
(1) the preferred mortgage lien, including a preferred mortgage lien on a foreign vessel whose mortgage has been guaranteed under chapter 537 of this title, has priority over all claims against the vessel (except for expenses and fees allowed by the court, costs imposed by the court, and preferred maritime liens); and
(2) for a foreign vessel whose mortgage has not been guaranteed under chapter 537 of this title, the preferred mortgage lien is subordinate to a maritime lien for necessaries provided in the United States.
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Source file: Laws/federal/codes/united-states-code/title-46/section-31326-court-sales-to-enforce-preferred-mortgage-liens-and-maritime-liens-and-p--04442c4011.md
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Source location: Title 46, Chapter 313, § 31326; chapter-313-commercial-instruments-and-maritime-liens.md
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**(a)** When a vessel is sold by order of a district court in a civil action in rem brought to enforce a preferred mortgage lien or a maritime lien, any claim in the vessel existing on the date of sale is terminated, including a possessory common law lien of which a person is deprived under [section 31325(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31325/e/2&num=0&edition=prelim), and the vessel is sold free of all those claims.
**(b)** Each of the claims terminated under subsection (a) of this section attaches, in the same amount and in accordance with their priorities to the proceeds of the sale, except that—
(1) the preferred mortgage lien, including a preferred mortgage lien on a foreign vessel whose mortgage has been guaranteed under chapter 537 of this title, has priority over all claims against the vessel (except for expenses and fees allowed by the court, costs imposed by the court, and preferred maritime liens); and
(2) for a foreign vessel whose mortgage has not been guaranteed under chapter 537 of this title, the preferred mortgage lien is subordinate to a maritime lien for necessaries provided in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “acknowledge” means making—
(A) an acknowledgment or notarization before a notary public or other official authorized by a law of the United States or a State to take acknowledgments of deeds; or
(B) a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961;
(2) “district court” means—
(A) a district court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim));
(B) the District Court of Guam;
(C) the District Court of the Virgin Islands;
(D) the District Court for the Northern Mariana Islands;
(E) the High Court of American Samoa; and
(F) any other court of original jurisdiction of a territory or possession of the United States;
(3) “mortgagee” means—
(A) a person to whom property is mortgaged; or
(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement;
(4) “necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway;
(5) “preferred maritime lien” means a maritime lien on a vessel—
(A) arising before a preferred mortgage was filed under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim);
(B) for damage arising out of maritime tort;
(C) for wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim);
(D) for wages of the crew of the vessel;
(E) for general average; or
(F) for salvage, including contract salvage;
(6) “preferr
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following:
(A) Serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, complaints, or any other writ, order or process in any case or proceeding.
(B) Serving a subpoena or summons for a witness or appraiser.
(C) Forwarding any writ, order, or process to another judicial district for service.
(D) The preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale.
(E) The keeping of attached property (including boats, vessels, or other property attached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving.
(F) Copies of writs or other papers furnished at the request of any party.
(G) Necessary travel in serving or endeavoring to serve any process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is returnable to the place of service or endeavor.
(H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process.
(2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to [section 1916 of this title](https://uscode.hous
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1921
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Federal law — U.S. Code and appendices · legal_authorities
In this subpart:
(1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.
(2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.
(3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications.
(4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.
(5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency.
(6) The term “critical technology” means a technology that is—
(A) a national critical technology; or
(B) a defense critical technology.
(7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
Page 285
TITLE 46—SHIPPING
§ 31327
3529(b)(2) of Pub. L. 110–181, set out as a note under sec-
tion 3205 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–295, title II, § 205(e), Nov. 25, 2002, 116 Stat.
2096, provided that: ‘‘This section [see Tables for classi-
fication] shall take effect January 1, 2003.’’
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.
CONSTRUCTION OF 1996 AMENDMENT
Pub. L. 104–324, title XI, § 1124(c), Oct. 19, 1996, 110
Stat. 3981, provided that: ‘‘The amendments made by
subsections (a) and (b) [amending this section] may not
be construed to imply that remedies other than judicial
remedies were not available before the date of enact-
ment of this section [Oct. 19, 1996] to enforce claims for
outstanding indebtedness secured by mortgaged ves-
sels.’’
§ 31326. Court sales to enforce preferred mort-
gage liens and maritime liens and priority of
claims
(a) When a vessel is sold by order of a district
court in a civil action in rem brought to enforce
a preferred mortgage lien or a maritime lien,
any claim in the vessel existing on the date of
sale is terminated, including a possessory com-
mon law lien of which a person is deprived under
section 31325(e)(2) of this title, and the vessel is
sold free of all those claims.
(b) Each of the claims terminated under sub-
section (a) of this section attaches, in the same
amount and in accordance with their priorities
to the proceeds of the sale, except that—
(1) the preferred mortgage lien, including a
preferred mortgage lien on a foreign vessel
whose mortgage has been guaranteed under
chapter 537 of this title, has priority over all
claims a
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 31326
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.