PUBLIC VESSELS ACT1 (43 Stat. 112. U.S.C., Title 46, sec. 781) AN ACT causes. Authorizing suits against the United States in admiralty for Admiralty damage caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as sembled, That a libel in personam in admiralty may be brought against the United States, or a petition impleading the United States, for damages caused by a public vessel of the United States, and for compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States: Provided, That the cause of action arose after the 6th day of April 1920. Libels against authorized for abge and salvage. United States public vessels Time limitation. Venue of action. 46 U.S.C. 782. SEC. 2. That such suit shall be brought in the district court of the United States for the district in which the vessel or cargo charged with creating the liability is found within the United States, or if such vessel or cargo be outside the territorial waters of the United States, then in the district court of the United States for the district in which the parties so suing, or any of them, reside or have an office for the transaction of business in the United States; or in case none of such parties reside or have an office for the transaction of business in the United States, and such vessel or cargo be outside the territorial waters of the United States, then in any district court of the United States. Such suits shall be subject to and proceed in accordance with the provisions of an Act entitled "An Act authorizing suits against the United States in admiralty, suits for salvage services, and providing for the release of merchant vessels belonging to the United States from arrest and attachment in foreign jurisdictions, and for other purposes," approved March 9, 1920, or any amendment thereof, insofar as the same are not inconsistent herewith, except that no inter- Interest reest shall be allowed on any claim up to the time of the rendition of judgment unless upon a contract expressly stipulating for the payment of interest. Suits to proSuits in Admiralty Act ceed under supra, 41 Stat. 526. strictions. Cross libels, set-offs and SEC. 3. That in the event of the United States filing a libel in rem or in personam in admirality for damages counter claims caused by a privately owned vessel, the owner of such vessel, or his successors in interest, may file a cross libel in See the act of June 19, 1948 (Public Law 695, 80th Congress; 62 Stat. 496). See also the Acts of July 31, 1944 (Public Law 417, 78th Congress; 58 Stat. 723), and of August 2, 1946 (Public Law 594, 79th Congress; 60 Stat. 803). authorized. [§ 3 to end] Security required of respondent. Subpoena of officers and crew. 46 U.S.C. 784. Suits by foreigners limited. 46 U.S.C. 785. Attorney arbitrate, com- 46 U.S.C. 786. Payment of judgments. 46 U.S.C. 787. Liens. 46 U.S.C. 788. 46 U.S.C. 789. Reports. 46 U.S.C. 790. personam or claim a set-off or counterclaim against the United States in such suit for and on account of any damages arising out of the same subject matter or cause of action: Provided, That whenever a cross libel is filed for any cause of action for which the original libel is filed by authority of this Act, the respondent in the cross libel shall give security in the usual amount and form to respond to the claim set forth in said cross libel unless the court, for cause shown, shall otherwise direct; and all proceedings on the original libel shall be stayed until such security shall be given. SEC. 4. That no officer or member of the crew of any public vessel of the United States may be subpoenaed in connection with any suit authorized under this Act without the consent of the secretary of the department or the head of any independent establishment of the Government having control of the vessel at the time the cause of action arose, or of the master or commanding officer of such vessel at the time of the issuance of such subpoena. SEC. 5. That no suit may be brought under this Act by a national of any foreign government unless it shall appear to the satisfaction of the court in which suit is brought that said government, under similar circumstances, allows nationals of the United States to sue in its courts. SEC. 6. That the Attorney General of the United States is hereby authorized to arbitrate, compromise, or settle any claim on which a libel or cross libel would lie under the provisions of this Act, and for which a libel or cross libel has actually been filed. SEC. 7. That any final judgment rendered on any libel or cross libel herein authorized, and any settlement had and agreed to under the provisions of section 6 of this Act, shall, upon presentation of a duly authenticated copy thereof, be paid by the proper accounting officer of the United States out of any moneys in the Treasury of the United States appropriated therefor by Congress. SEC. 8. Nothing contained in this Act shall be construed to recognize the existence of or as creating a lien against any public vessel of the United States. SEC. 9. The United States shall be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners, characters, operators or agents or vessels. SEC. 10.2 That the Attorney General of the United States shall report to the Congress at each session thereof all suits in which final judgment shall have been rendered and all claims which shall have been settled under this Act. Approved, March 3, 1925. See Public Law 706, 83d Congress (68 Stat. 968) repealing requirement of report by the Attorney General. HOME PORT ACT (43 Stat. 947, chapter 235, approved Feb. 16, 1925) AN ACT To establish home ports of vessels of the United States, to validate documents relating to such vessels, and for other purposes. 74 Stat. 421. P.L. 86-624. Every vessel of to have home port in United States. United States Be it enacted by the Senate and House of Representa- 46 U.S.C. 18. tives of the United States of America in Congress assembled, That for the purposes of the navigation laws of the United States and of the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act, 1020, every vessel of the United States shall have a "home port" in the United States, including Puerto Rico, which port the owner of such vessel, subject to the approval of the Commissioner of Navigation of the Department of Commerce, shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the To be shown register, enrollment and license, or license of such vessel, which documents, respectively, are hereinafter referred to as the vessel's document. The home port shown in the document of any vessel of the United States in force at the time of the approval of this Act shall be deemed to have been fixed and determined in accordance with the provisions hereof. Section 4141 of the Revised Statutes is hereby amended to conform herewith. SEC. 2. No bill of sale, conveyance, mortgage, assignment of mortgage, or hypothecation (except bottomry), which includes a vessel of the United States or any portion thereof, shall be valid in respect to such vessel against any person other than the grantor or mortgagor, his heirs or devisees, and any person having actual notice thereof, until such bill of sale, conveyance, mortgage, assignment of mortgage, or hypothecation is recorded in the office of the collector of customs at the home port of such vessel. Any bill of sale or conveyance of the whole or any part of a vessel shall be recorded at the home port of such vessel as shown in her new document. SEC. 3. All conveyances and mortgages of any vessel or any part thereof, and all documentations, recordations, indorsements, and indexing thereof, and proceedings incidental thereto heretofore made or done, are hereby declared valid to the extent they would have been valid if the port or ports at which said vessel has in fact been documented from time to time had been the port in register. 43 Stat. 948. Bills of sale, mortgage, etc. 46 U.S.C. 1012. conveyance, Must be re corded in office of collector of customs at home port. 46 U.S.C. 1013. 43 Stat. 948. ances, etc., de Prior convey clared valid. [§ 3 to end] Meaning of or ports at which it should have been documented in accordance with law; and this section is hereby declared retroactive so as to accomplish such validation: Provided, That nothing herein contained shall be construed to deprive any person of any vested right. SEC. 4. Wherever in the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine 46 U.S.C. 1011. Act, 1920, the words "port of documentation" are used they shall be deemed to mean the "home port" of the vessel, except that the words "port of documentation” shall not include a port in which a temporary document 43 Stat. 948. 46 U.S.C. 1014. 43 Stat. 948. Amendments. is issued. SEC. 5. All such provisions of the Navigation Laws of the United States and of the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act, 1920, as are in conflict with this Act are hereby amended to conform herewith. TRANSPORTATION ACT OF 1940 (excerpts) [54 STAT. 898, at 950] [PUBLIC-No. 785-76TH CONGRESS] [CHAPTER 722-3D SESSION] [S. 2009] AN ACT To amend the Act to regulate commerce, approved February 4, 1887, as amended, so as to provide for unified regulation of carriers by railroad, motor vehicle, and water, and for other purposes. SEC. 201. *** PART III OF INTERSTATE COMMERCE ACT. "PART III * "REPEALS "SEC. 320. (a) The Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended, are hereby repealed insofar as they are inconsistent with any provision of this part and insofar as they provide for the regulation of, or the making of agreements relating to, transportation of persons or property by water in commerce which is within the jurisdiction of the Commission under the provisions of this part; and any other provisions of law are hereby repealed insofar as they are inconsistent with any provision of this part. "(b) Nothing in subsection (a) shall be con- 49 Stat. 1987. strued to repeal "(1) section 205 of the Merchant Marine Act, 1936, as amended, or any provision of law providing penalties for violations of such section 205; 46 U.S.C., Supp. V, 1115. |