§ 1333. — Admiralty, maritime and prize cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1333]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1333. Admiralty, maritime and prize cases
The district courts shall have original jurisdiction, exclusive of
the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving
to suitors in all cases all other remedies to which they are
otherwise entitled.
(2) Any prize brought into the United States and all proceedings
for the condemnation of property taken as prize.
(June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, Sec. 79,
63 Stat. 101.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 41(3) and 371 (3), (4)
(Mar. 3, 1911, ch. 231, Secs. 24, par. 3, 256, pars. 3, 4, 36 Stat.
1091, 1160; Oct. 6, 1917, ch. 97, Secs. 1, 2, 40 Stat. 395; June 10,
1922, ch. 216, Secs. 1, 2, 42 Stat. 634).
Section 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 section 1356
of this title. (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.
Provisions of section 41(3) of title 28, 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 Knickerbocker Ice Co. v.
Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of
Washington v. W. C. Dawson & Co., 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.
1949 Act
This section amends section 1333(a)(1) of title 28, 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.
Amendments
1949--Subd. (1). Act May 24, 1949, substituted ``suitors'' for
``libellant or petitioner''.
