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MARITIME LEGISLATION.
969
The maritime law further regulates the relation between freighter, charterer,
and consignee such as: closing of charter-party or agreement about the carriage
of goods; agreement about lay-days or time for awaiting the receipt or delivery
of the goods; the legal relation between the charterer and the consignee by means
of bills of freight; raising of loans on bottomry, or loans on the mortgage of
vessel, freight, or cargo. It also contains by-laws concerning distress, damage by
collision, salvage-money, marine-insurance, etc. It ought to be mentioned that
the so-called silent priorities, the real sea-claims, which carry with them a right
to security in vessel and freight, entitle to payment before the claims of other
creditors. To these sea-claims belong the captains’ and the crews’ claim for pay,
and the time of prescription for this claim is one year from the day the service
ceased. Other claims are liable to prescription within times regulated for the
different kinds in the common or maritime law.
Mustering and issuing of muster-roll are obligatory when the vessel is
bound for foreign port, but when it trades in Sweden, they occur only when the
master or the crew desire it. The muster-roll is issued at the mustering, which,
in a town where there is a Seamen’s Register Office (Sjömanshus, see p. 973)
takes place, before its attorney, in other towns before the Secretary of the
magistracy. Partial mustering as well as paying-off is done by one of these
authorities, or, in boroughs and country-ports, by the director of the customs, or,
outside the Kingdom, by a Swedish-Norwegian consul.
For mustering within the Kingdom, it is required to be enlisted in a
Seamen’s Register Office, or to belong to the Royal Navy. It has to be observed
then that the captain and mate be Swedish subjects, that they as well as the
engineer be qualified, and that at least three quarters of the crew consist of
Swedish and Norwegian men. In foreign ports, foreigners to the number of more
than a quarter of the crew, can be shipped or mustered, and Swedes without
being enlisted at a Seamen’s Register Office.
The statutes set down in which cases and to what extent qualified masters
and officers shall be found on a vessel. To be qualified to command a
merchant-ship going beyond Skagen and Lindesnäs to other ports on the North Sea
than a Norwegian one, or to ports on the Channel as far as Brest, or other
ports in Great Britain and Ireland and there unto belonging islands close
by, it is required to have a mate’s certificate, to have attained 21 years of
age, or to have a master’s certificate. On a more extensive voyage, a master’s
certificate is required. To obtain such papers, it is necessary to be a Swedish
or Norwegian subject and to have fulfilled certain duties with regard to
navigation and proofs of knowledge. To obtain a mate’s certificate, it is
necessary to have attained 19 years of age, to obtain a master’s certificate, 21
years. The acquiring of a master’s certificate presupposes the possession of a
mate’s certificate.
For control of that means of conveyance itself with which maritime business
is carried on, there are, as before mentioned, regulations only concerning
passenger-and emigrant steamers. The legislation for passenger steamers has, besides, been
subjected to revision by certain persons, the schemes of whom will soon be presented.
Concerning emigrant vessels there are prescriptions to be found in an ordinance
of June 4, 1884. For both these kinds of vessels inspection is required. For
the security of the navigation, regulations are given in an ordinance about
measures for the avoiding of collisions, etc., containing partly international rules
acceded to by Sweden, partly special rules for the navigation in Swedish waters,
and, in a proclamation concerning signal-lights on board vessels, containing detailed
prescriptions of dimension, construction, and application of top-, side-, and
anchor-lights. Purposing the security of navigation, rules also exist concerning the
carriage on board vessels of explosive goods and dangerous oils.
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