Humes

This is an appeal from a decree of the district court awarding appellant $153.86 and the United States $200 of $353.86 deposited in the court’s registry by the Deputy United States Shipping Commissioner upon receipt of that amount from the Alaska Transportation Company.

Humes was a seaman employed on the Alaska Transportation Company’s steamer Clove Hitch on a voyage between Skagway, Alaska, and Mexican ports. Finding that Flumes left the ship and did not return, the vessel’s master logged Humes as a deserter pursuant to 46 U.S.C. A. § 702, and his wages then due were declared forfeited. The owner paid the wages to the Deputy Commissioner, who deposited them with the district court pursuant to 46 U.S.C.A. § 706 .

The punishment for desertion is provided in 46 U.S.C.A. § 701 , First as follows: “For desertion, by forfeiture of all or any part of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned.”

Flumes is entitled to raise any issue respecting the forfeited wages in the proceeding under which they are held in the registry under 46 U.S.C.A. § 705 , providing:

The issue must be raised by petition and the person…