46 U.S. Code Section 30907 - Procedure for hearing and determination

(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.

Annotations
Citation
46 U.S.C. § 30907 (2021)
Miscellaneous
Historical and Revision Notes
Historical and Revision Notes
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.

Disclaimer: Lawrina maintains this website to enhance public access to information about its activities. We make an effort to keep the information about codes timely and accurate. Please note that we cannot guarantee that the U.S.C, Title 46, Section 30907 — Procedure for hearing and determination — exactly reproduces the officially adopted text.

We use Cookies to make Your experience on the Portal greater. To learn more about Cookies we use, please read Our Cookie Policy. Do you allow us to use Cookie?
Learn more Accept Cookies