Notes on 28 U.S.C. § 1333 : US Code - Notes

    (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".