Page:United States Statutes at Large Volume 102 Part 5.djvu/734

 102 STAT. 4740

Contracts.

PUBLIC LAW 100-710—NOV. 23, 1988

"(B) the District Court of Guam; "(C) the District Court of the Virgin Islands; "(D) the District Court for the Northern Mariana Islands; "(E) the High Court of American Samoa; and "(F) any other court of original jurisdiction of a territory or possession of the United States; "(3) 'mortgagee' means— "(A) a person to whom property is mortgaged; or "(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement; "(4) 'necessaries' includes repedrs, supplies, towage, and the use of a dry dock or marine railway; "(5) 'preferred maritime lien' means a maritime lien on a vessel— "(A) arising before a preferred mortgage was filed under section 31321 of this title; "(B) for damage arising out of maritime tort; "(C) for wages of a stevedore when employed directly by a person listed in section 31341 of this title; "(D) for wages of the crew of the vessel; "(E) for general average; or "(F) for salvage, including contract salvage; and "(6) 'preferred mortgage'— "(A) means a mortgage that is a preferred mortgage under section 31322 of this title; and "(B) also means in sections 31325 and 31326 of this title, a mortgage, hypothecation, or similar charge that is established as a security on a foreign vessel if the mortgage, h5rpothecation, or similar charge was executed under the laws of the foreign country under whose laws the ownership of the vessel is documented and has been registered under those laws in a public register at the port of registry of the vessel or at a central office. "§ 31302. Availability of instruments, copies, and information "The Secretary of Transportation shall— "(1) make any instrument filed or recorded with the Secretary under this chapter available for public inspection; "(2) on request, provide a copy, including a certified copy, of any instrument made available for public inspection under this chapter; and "(3) on request, provide a certificate containing information included in an instrument filed or recorded under this chapter. "§ 31303. Certain civil actions not authorized "If a mortgage covers a vessel and additional property that is not a vessel, this chapter does not authorize a civil action in rem to enforce the rights of the mortgagee under the mortgage against the additional property. "§ 31304. Liability for noncompliance "(a) If a pcrson makes a contract secured by, or on the credit of, a vessel covered by a mortgage filed or recorded under this chapter and sustains a monetary loss because the mortgagor or the master or other individual in charge of the vessel does not comply with a requirement imposed on the mortgagor, master, or individual under this chapter, the mortgagor is liable for the loss.

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