46-U.S.C.-30907
§30907 – Procedure For Hearing and Determination
Pathway
Title 46 > Subtitle III > Chapter 309 > Section 30907
Details
- Reference: Section 30907
- Legend: §30907 – Procedure For Hearing and Determination
- USCode Year: 2013
Provision Content
(a) In General.—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) In Rem.—
(1) Requirements.—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) Effect on relief in personam.—An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)
| Revised Section |
Source (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.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-30703 in the Legal Encyclopedia: Shipping
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46-U.S.C.-30706 in the Legal Encyclopedia: Maritime Liability
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46-U.S.C.-30901 in the Legal Encyclopedia: Liability
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