Title 46 — Shipping
Part G · Chapter 115 — Offenses and Penalties
§ 11505. Disposal of forfeitures
Statutory text
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.
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.
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.
In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 11505
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584Coast Guard Authorization Act of 1993
Pub. L. 103–206 § 421(1) · 107 Stat. 2419
Substituted · 46 U.S.C. § 11505(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) in subsection (a), by striking the last sentence and inserting in lieu thereof “The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.”; andCoast Guard Authorization Act of 1993
Pub. L. 103–206 § 421(2) · 107 Stat. 2419
Struck · 46 U.S.C. § 11505(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(2) in subsection (b), by striking the first sentence.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 11505 | 46:706 |
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.”
Credits
1983–1993 · 2 acts
Show as published
(Pub. L. 98–89, , 97 Stat. 584; Pub. L. 103–206, title IV, § 421, , 107 Stat. 2438.)