Statute · United States Code
46 U.S.C. § 30511. Action by owner for limitation
United States Code § 46 U.S.C. § 30511
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- Statute
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- United States Code
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Archive text. This is archived text from law.resource.org, most of it collected around 2011–2012. It is not current law: this section may have been amended, renumbered or repealed since. Check the current official text before relying on it.
46 U.S.C. § 30511. Action by owner for limitation (a) In General — The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim. (b) Creation of Fund — When the action is brought, the owner (at the owner's option) shall — (1) deposit with the court, for the benefit of claimants — (A) an amount equal to the value of the owner's interest in the vessel and pending freight, or approved security; and (B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or (2) transfer to a trustee appointed by the court, for the benefit of claimants — (A) the owner's interest in the vessel and pending freight; and (B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter. (c) Cessation of Other Actions — When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.
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46 U.S.C. § 30511. Action by owner for limitation
(b) Creation of Fund — When the action is brought, the owner (at the owner's option) shall —
(1) deposit with the court, for the benefit of claimants —
(A) an amount equal to the value of the owner's interest in the vessel and pending freight, or approved security; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or
(2) transfer to a trustee appointed by the court, for the benefit of claimants —
(A) the owner's interest in the vessel and pending freight; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.
(c) Cessation of Other Actions — When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.
Revised Section Source (U.S. Code) Source (Statutes at Large)
30511 46 App.:185. R.S. Sec. 4285; June 5, 1936, ch. 521, 3, 49 Stat. 1480 .
In subsection (a), the words "bring a civil action . . . in a district court of the United States" are substituted for "petition a district court of the United States" for consistency in the revised title and with other titles of the United States Code. See rule2of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "of competent jurisdiction" are omitted as unnecessary.
In subsection (b), the word "pending" before "freight" is added for consistency in the chapter. The words "to carry out this chapter" are substituted for "to carry out the provisions of section 183 of this Appendix" because of the reorganization of the source provisions.