§11505 — Title 46 Shipping | U.S. Code

Summary

Money, property, and wages taken for desertion must first pay the vessel’s owner or master for expenses. Any leftover goes to the proper U.S. district court when the voyage ends. If the court upholds the forfeiture it can sell property and must deposit sale proceeds into the Treasury as miscellaneous receipts. If the owner or master does not send the remainder, they must pay the United States a civil penalty equal to 2 times that amount. Other forfeited wages go to the vessel owner.

Title 46, §11505

Shipping — Source: USLM XML via OLRC

(a)Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.

(b)If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner prescribed for the disposition of the property of deceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court.

(c)When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable by the Secretary in the same manner that seaman’s wages are recovered.

(d)In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1150546:706 section 11505 provides for the disposal of wages forfeited by deserting seamen.

Editorial Notes

Amendments

1993—Subsec. (a). Pub. L. 103–206, § 421(1), substituted “The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.” for “The balance shall be transferred to the Secretary when the voyage is completed, as prescribed by the Secretary.” Subsec. (b). Pub. L. 103–206, § 421(2), struck out at beginning “Within one month of receiving the balance under subsection (a) of this section, the Secretary shall transfer the balance to the appropriate district court of the United States.”

§11505 Disposal of forfeitures