In re Ritchie

Petitioner is a seaman who seeks to recover a sum on deposit in the Registry of this Court; the sum represents wages that were due petitioner at the time he left the vessel MS Reef Knot at Yokohama, Japan. The master of the vessel logged petitioner as a deserter and paid his wages into the Registry of the Court, pursuant to 46 U.S.C.A. § 706 . That section provides that wages forfeited for desertion are applied first to the payment of any expense incurred by the master or owner by reason of the desertion, and the balance is to be paid by the master to any shipping commissioner, who is to pay it to the district court.

The rule in this circuit is that the United States is a necessary party in this type of proceeding. Humes v. Alaska Transportation Co., 9 Cir., 180 F.2d 534, 536 . Accordingly .the United States has filed an answer praying that petitioner’s wages be forfeited to the United States on the ground that petitioner deserted the MS Reef Knot.

Petitioner was flown from the United States along with the rest of the crew to join the Reef Knot in Yokohama. The vessel, an American flag vessel operated by Pope & Talbot, began the voyage in Yokohama, proceeded to various ports .…