(6) In an in rem admiralty proceeding
, a person is not made a
features of an admiralty proceeding
in rem." (33) The Court
(175) Courts encountering claims lacking independent bases for federal jurisdiction begin their analysis by separating cases involving limitation of liability proceedings, (176) an admiralty proceeding
which allows a vessel owner without privity or knowledge of wrongful acts to limit his or her liability to the value of the vessel after such acts, from those which do not involve such a proceeding.
(121) When the Supreme Court first applied the Limitation Act in Norwich, the opinion explained that the Limitation Act is an admiralty proceeding
on its own, meant to protect vessel owners, and resembles a maritime lien--a mechanism specific to maritime law which, even now, merits admiralty jurisdiction on its own.
981 (1994), the majority of the United States Supreme Court stated that "[a]n in rem suit against a vessel is, as we have said, distinctly an admiralty proceeding
and is hence within the exclusive jurisdiction of the federal courts."
The proposed changes would allow a longer time to appear in a forfeiture proceeding than in an admiralty proceeding
. They also would establish some distinctions in the procedures for asserting interests in the property brought before the court.
The earliest American civil forfeiture cases justifying the forfeiture of an innocent owner's property were condemnation actions against ships for acts of piracy or violations of United States customs laws.(18) In upholding such forfeitures, the Supreme Court invoked the "guilty property" fiction to justify in rem proceedings directly against the ship, rather than in rem proceedings against the ship-owners.(19) The in rem nature of the admiralty proceedings
dispensed with the requirement of proving any underlying wrongdoing on the part of the property owner.
In agreeing with the Third Circuit, the Supreme Court concluded that the purpose of Moragne was to extend the remedies available to seafarers, and that Moragne "showed no hostility to concurrent application of state wrongful death statutes." In other words, the Court found that Moragne, in order to serve the "humane and liberal character" of admiralty proceedings
, placed a floor rather than a ceiling on the remedies available in a general maritime wrongful death action.
. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016 (Consolidates the existing laws on civil matters of admiralty jurisdiction of courts, admiralty proceedings
on maritime claims, and arrest of ships.) Introduced on November 21, 2016 and passed on March 10, 2017.
The Bill consolidates the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings
on maritime claims, arrest of vessels and related issues.
inquisitorial model customary of admiralty proceedings
in English and
Strategies for coping with inflation, endemic poverty, and the precariousness of life are revealed in probate records, Admiralty proceedings
, state papers, Guildhall collections, and the holdings of the Greater London Record Office.