28-U.S.C.-1333
§1333 – Admiralty, Maritime and Prize Cases
Pathway
Title 28 > Part IV > Chapter 85 > Section 1333
Details
- Reference: Section 1333
- Legend: §1333 – Admiralty, Maritime and Prize Cases
- USCode Year: 2013
Provision Content
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
(June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, §79, 63 Stat. 101.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§1, 2, 42 Stat. 634).
Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in section 1356 of this title. (See revisers note thereunder.)
The saving to suitors clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by substituting the words any other remedy to which he is otherwise entitled for the words the right of a common law remedy where the common law is competent to give it. The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity.
Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmens compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court. (See Knickerbocker Ice Co. v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.)
Words libellant or petitioner were substituted for suitors to describe moving party in admiralty cases.
Changes were made in phraseology.
1949 Act
This section amends section 1333(a)(1) of title 28, U.S.C., by substituting suitors for libellant or petitioner to conform to the language of the law in existence at the time of the enactment of the revision of title 28.
Amendments
1949—Subd. (1). Act May 24, 1949, substituted suitors for libellant or petitioner.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1331 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1331, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1296 in the Legal Encyclopedia: Jurisdiction
In this entry about 28-U.S.C.-1296, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.
28-U.S.C.-91 in the Legal Encyclopedia: District Courts
In this entry about 28-U.S.C.-91, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.
Leave a Reply