§742. Libel in personam

In cases where if such vessel were privately owned or operated, or if such cargo were privately owned or possessed, or if a private person or property were involved, a proceeding in admiralty could be maintained, any appropriate nonjury proceeding in personam may be brought against the United States or against such corporation. Such suits shall be brought in the district court of the United States for the district in which the parties so suing, or any of them, reside or have their principal place of business in the United States, or in which the vessel or cargo charged with liability is found. In case the United States or such corporation shall file a libel in rem or in personam in any district, a cross libel in personam may be filed or a set-off claimed against the United States or such corporation with the same force and effect as if the libel had been filed by a private party. Upon application of either party the cause may, in the discretion of the court, be transferred to any other district court of the United States.

(Mar. 9, 1920, ch. 95, §2, 41 Stat. 525 ; Pub. L. 86–770, §3, Sept. 13, 1960, 74 Stat. 912 ; Pub. L. 104–324, title XI, §1105, Oct. 19, 1996, 110 Stat. 3967 .)

References in Text

Such corporation, referred to in text, probably means a corporation mentioned in section 741 of this Appendix.

Amendments

1996-Pub. L. 104–324 struck out "The libelant shall forthwith serve a copy of his libel on the United States attorney for such district and mail a copy thereof by registered mail to the Attorney General of the United States, and shall file a sworn return of such service and mailing. Such service and mailing shall constitute valid service on the United States and such corporation." after "liability is found."

1960-Pub. L. 86–770 amended first sentence by substituting "owned or possessed" for "owned and possessed" and ", any appropriate nonjury proceeding" for "at the time of the commencement of the action herein provided for, a libel", inserting "or if a private person or property were involved" and striking out "as the case may be, provided that such vessel is employed as a merchant vessel or is a tugboat operated by such corporation" after "such corporation".

Effective Date of 1960 Amendment

Section 4 of Pub. L. 86–770 provided in part that: "The amendment made by section 3 [amending this section] shall apply to any case or proceeding brought after the date of enactment of this Act [Sept. 13, 1960]."

Federal Rules of Civil Procedure

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

Cross References

Actions on war risk insurance claims, see section 1292 of this Appendix.

Section Referred to in Other Sections

This section is referred to in sections 745, 749, 1242 of this Appendix.