June 25, 1948, ch. 64662 Stat. 931May 24, 1949, ch. 139, § 7963 Stat. 101(, ; , .)
Historical and Revision Notes
Act1948
Mar. 3, 1911, ch. 23136 Stat. 1091Oct. 6, 1917, ch. 9740 Stat. 395June 10, 1922, ch. 21642 Stat. 634Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), (4) (, §§ 24, par. 3, 256, pars. 3, 4, , 1160; , §§ 1, 2, ; , §§ 1, 2, ).
section 1356 of this titleSection consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in . (See reviser’s note thereunder.)
The “saving to suitors” clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by substituting the words “any other remedy to which he is otherwise entitled” for the words “the right of a common law remedy where the common law is competent to give it.” The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity.
section 41(3) of title 28Knickerbocker Ice Co. v. StewartState of Washington v. W. C. Dawson & CoProvisions of , U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen’s compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court. (See , 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and ., 1924, 44 S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.)
Words “libellant or petitioner” were substituted for “suitors” to describe moving party in admiralty cases.
Changes were made in phraseology.
Act1949
section 1333(a)(1) of title 28This section amends , U.S.C., by substituting “suitors” for “libellant or petitioner” to conform to the language of the law in existence at the time of the enactment of the revision of title 28.
Editorial Notes
Amendments
1949—Subd. (1). Act , substituted “suitors” for “libellant or petitioner”.