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230
DISMISSAL AND DISCHARGE. P. vi., Сн. vi.
§ 230. [-Compensation-]
{+Compensa-
tion+} for
discharge
of Finnish
captains
or sailors.
the rules contained in Art. 55 of the Maritime Code of Finland, which
is as follows1:—
If through any cause whatever the captain is compelled to retire
from the command of the ship, any wages or other emoluments due
to him must be paid in full either to him or to his lawful heirs or
assigns. The amount of such wages and emoluments or gratuities
is calculated for the distance traversed in proportion to the total
duration of the voyage.
If he is relieved of his command without having in any way failed
in his duty, or if he is compelled to interrupt his services by reason
of war, damage to the vessel or other mishap, or in consequence of
sickness which is not owing to any fault of his own, he will, in addition,
be entitled to be sent home at the expense or through the influence
of the owners and, if he is ill, to be taken care of on shore, during a
period not exceeding one month.2
If the voj^age is interrupted or abandoned for reasons other than
war, embargo, blockade, the act of Government authorities,
shipwreck, ice or other obstacles or accidents, or if a seaman is discharged
without having failed in the performance of his duties, or is given
his liberty in consequence of improper treatment on the part of the
captain or on account of the sale of the ship to a foreigner, his wages
must be paid up to the day on which he receives his discharge and he
is entitled to retain any surplus he may have received over the amount
due to him and also to compensation for breach of contract. The
amount of such compensation is equivalent to one month’s wages if
the sailor be discharged at a port in Finland or the Baltic Sea or to
two, three or four months’ wages respectively if he is discharged at
any other European or non-European port this side or the other of
Cape Horn or of the Cape of Good Hope.3
In cases where sailors are discharged from ships sailing under the
Russian flag, at a port where no Russian Consular representative is
stationed, Russian Consular representatives in other ports may certify
the discharge in the crew list, book of wages, or on a separate sheet of
paper. In doing so, the Consular representative must be fully aware
that the foregoing regulations as to the discharge of sailors from
Russian ships have been strictly observed. If this cannot be
ascertained to the satisfaction of the Consular representative, he has not
only the right, but it is his duty to decline to give his attestation to the
discharge.4
On attesting the correctness of the translations of certificates of
the discharge of Russian sailors, Consular Officers must attach to the
original the translation legalised by him. Some Consular Officers do
not observe this rule, and give to such translations an attestation
without mentioning that it is a translation. This practice may lead
to abuse. Consuls are also called upon to certify the authenticity of
certificates of discharge written in the Discharge Books.
1 Maritime Code of Finland, Art. 72.
2 Ibid., Art. 55.
3 Ibid., Arts. 56, 73. See also " Death, removal, or change of Captain,"
Part VI., Chapter 15.
4 Circular of the II. Department of the Russian Ministry of Foreign Affairs of
12th August 1909, No. 11,070.
§ 230.
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