PRIA, Government Policy, Made Personal

Summary

When a seaman deserts, money, property, and wages taken for that can be used first to pay the shipowner for costs caused by the desertion. Any leftover must be sent to the correct U.S. district court after the voyage ends. For other wage forfeitures (not for desertion), the money goes to the vessel owner. If the court agrees the forfeiture was proper, it can sell the property and must put the sale money and any transferred cash into the U.S. Treasury. If an owner or master fails to send the leftover as required, they must pay a civil penalty equal to two times that amount, and the Secretary can collect it the same way seamen’s wages are collected.

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