§ 1873. Admiralty and maritime cases

188 words·~1 min read·/usc/title-28/section-1873

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In any case of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of twenty tons or upward, enrolled and licensed for the coasting trade, and employed in the business of commerce and navigation between places in different states upon the lakes and navigable waters connecting said lakes, the trial of all issues of fact shall be by jury if either party demands it.

(June 25, 1948, ch. 646, 62 Stat. 953.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 770 (R.S. §§ 566, 648; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).

Words “and Territories” following words “in different States” were omitted as obsolete. The act of February 26, 1845, ch. 20, 5 Stat. 726, from which this language was derived was intended primarily to cover the Great Lakes regions.

The first sentence of section 770 of title 28, U.S.C., 1940 ed., providing generally for the right of jury trials in district courts, was omitted as covered by Rule 38 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

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June 25, 1948, ch. 646
62 Stat. 953
Mar. 3, 1911, ch. 231, § 291
36 Stat. 1167
act of February 26, 1845, ch. 20
5 Stat. 726
section 770 of title 28

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cites case law

§ 1873

Admiralty and maritime cases

ActJune 25, 1948, ch. 646

Stat.62 Stat. 953

ActMar. 3, 1911, ch. 231, § 291

Stat.36 Stat. 1167

Actact of February 26, 1845, ch. 20

Cites 7 · showing 5Cited by 0 across 0 sources