- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
228

(1916) Author: Alfons Heyking - Tema: Russia
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228

DISMISSAL AND DISCHARGE. P. vi., Сн. vi.

§ 226.
Captains
secretly
leaving
sailors
behind
abroad.

receipt of these sums the captain must sign a statement to the effect
that he has been paid all wages due to him, and his travelling expenses,
and has received a certificate of discharge issued by the Consul free
of charge, and has no further claim against the Consulate. This
declaration must be preserved in the archives of the Consulate.

In 1905 the captain of the Russian schooner Circus, of Riga, was
discharged at West Hartlepool by the owners of the vessel, because
he was wrong in the vessel’s accounts, and he was replaced by another
master. He signed an acknowledgment to that effect. The Consul
consented to his discharge for the reason that the owners were entitled
to safeguard their own interests ; however, they were obliged to pay
to the captain his travelling expenses to the Russian port where he had
signed the articles, notwithstanding the fact that he owed money to
the owners of the ship.

In case of discharge of a Russian captain or mate from a
Russian ship abroad :—

1. Such dismissal is only allowed in cases where the discharged
man is not able to return to Russia in the same ship, or on account
of illness or sale of the ship, or some other lawful cause. The man
so discharged is entitled to receive all moneys due to him and the
customary documents, and to be left in charge of the Russian Consul.

2. The Consul must ascertain that the men have received all the
wages due to them, and their travelling expenses to Russia. If the
ship be sold, such wages and travelling expenses must be paid up to
the date on which they would have arrived in Russia, taking into
consideration the distance from the foreign port where such sale is
effected, to the Russian port from which she sailed. If the Consul
find that there is any deficiency in the amount paid to the crew he must
require compensation for them from the owner, his agent, or the
captain.

3. The Consul must give a receipt to the owner or captain stating
that he is taking charge of the men and giving the name of the ship,
the names of the captain and of the owner, the place from which the
ship sailed and her destination, or the name of the person to whom
she has been sold. The certificate must also state the amount of
money possessed by the men and the sum deposited with the Consul
for their maintenance and travelling expenses, and must certify that
they are satisfied with the payments made to them. It must further
state how much has been lawfully deducted from their wages and
whether they have received the customary certificate of discharge.

4. By giving such a receipt the Consul does not oblige the sailors
or the captain to return to the Russian port where they joined the
ship, but leaves it open to them to select any other port at their pleasure.

5. The State Consul must mention in his report to the Section
of commercial shipping that the above requirements have been
fulfilled.1

If the owners or the captain secretly and of set purpose leave any
member of the crew behind in a foreign country, the Consul must
send him to Russia and charge the expense to the owners, who are,
in addition, liable to a fine not exceeding double the amount of the

1 Trade Reg., Art. 295.

§ 226.

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