Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by willful breach of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall be imprisoned not more than one year.
June 25, 1948, ch. 64562 Stat. 801(, .)
Historical and Revision Notes
section 704 of title 46Based on , U.S.C., 1940 ed., Shipping (R.S. § 4602).
Section 701 of title 46Morris v. CornellGladding v. ConstantFoye v. DabneyFoye v. LickieThe Sylvia De GrasseThe Sadie C. SumnerWords “officer, radio operator,” and “or other person employed on” were inserted at beginning of section to insure clarity and scope of section. , U.S.C., 1940 ed., Shipping, is very similar to this section as revised, and has been applied to mates [, D.C. Mass. 1843, Fed. Cas. No. 9,829; , D.C. Mass. 1844, Fed. Cas. No. 5,468; , D.C. Mass. 1853, Fed. Cas. No. 5,022; , D.C. Mass. 1853, Fed. Cas. No. 5,023; , D.C.N.Y. 1843, Fed. Cas. No. 12,676; , D.C. Mass. 1905, 142 F. 611], as well as engineers, assistant engineers and cooks. (See notes of decisions under section 701, of title 46, U.S.C., Shipping.)
section 1 of this titleWords “be guilty of a misdemeanor” were omitted as unnecessary in view of general definition of “misdemeanor” in .
Minor changes were made in phraseology including substitution of “one year” for “twelve months” at end of section.