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46 U.S.C. § 31341 — Persons presumed to have authority to procure necessaries

submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 88 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says who is assumed to have authority to buy supplies for a vessel. The owner, the master, whoever manages the vessel at the supply port, and certain officers or agents all count. Someone holding the vessel wrongfully or illegally has no such authority.

(a) — These people are presumed to have the authority to buy necessary supplies for a vessel: the owner; the master, or captain; a person put in charge of managing the vessel at the port where the supplies are bought; or an officer or agent appointed by the owner, a charterer, an "owner pro hac vice," someone treated as owner for a voyage, or a buyer who has agreed to purchase the vessel and already has possession of it. (b) — Someone who has wrongful or illegal possession or control of a vessel has no authority at all to buy necessaries for it.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(5), Dec. 12, 1989, 103 Stat. 1924.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-710 · 102 Stat. 4748
  • 1989Amended · Pub. L. 101-225 · 103 Stat. 1924

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-710 on 1988-11-23.

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