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46 U.S.C. § 31342 — Establishing maritime liens
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-46/section-31342-establishing-maritime-liens--1cc16b7ff1.md
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Source location: Title 46, Chapter 313, § 31342; chapter-313-commercial-instruments-and-maritime-liens.md
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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.
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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)** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31341
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Federal law — U.S. Code and appendices · legal_authorities
Page 287
TITLE 46—SHIPPING
§ 31342
(3) A vessel involved in a violation under sec-
tion 31329 of this title and its equipment may be
seized by, and forfeited to, the Government.
(c) If a person not an individual violates this
section, the president or chief executive of the
person also is subject to any penalty provided
under this section.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102
Stat. 4747; Pub. L. 104–324, title XI, § 1113(b)(2),
Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title
IX, § 913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
31330(a) ........................................
46:941(b) (1st sentence)
31330(b) ........................................
New
31330(c) ........................................
46:941(b) (1st sentence)
Section 31330(a) provides for criminal penalties for
not disclosing obligations, incurring contractual obli-
gations in violation of section 31323(b), and filing a
mortgage made not in good faith. This subsection
makes a substantive change to law by adding civil pen-
alties and by making it a crime to record with the Sec-
retary of Transportation a mortgage made not in good
faith with the intent to hinder an existing or future
creditor of the mortgagor or a lienor of the vessel. This
is done since the affidavit of good faith has been elimi-
nated from the elements of a preferred mortgage.
Section 31330(b) adds criminal and civil penalties for
violating the sale and trust requirements under sec-
tions 31328 and 31329. It also makes a vessel and its
equipment involved in those violations subject to sei-
zure by the Government.
Section 31330(c) makes the president or chief execu-
tive officer of a corporation or association liab
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 31342
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.