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P. VI., Сн. IX. DISPUTES BETWEEN CAPTAINS, &c.
protection of a man-of-war when under convoy (Arts. 1228, 1229) ;
procuring stores or provisions from another ship by force (Art. 1230) ;
enrolling men without proper passports or certificates of identity
(Art. 1231) ; conniving at the escape of any person who has committed
a crime on board ship (Art. 1236) ; failing to provide the crew with
a sufficient quantity of food or supplying food unfit for consumption
(Art. 1237) »" jettisoning any of the cargo without urgent necessity,
or wilfully altering the course of the ship, unless driven to do so by
stress of weather (Art. 1238) ; making a false declaration as to damages
sustained by the ship or cargo (Art. 1239) J leaving one of the crew
behind (Art. 1241) ; mutiny or violence on the part of the crew, with
the object of depriving the captain of his command (Art. 1262) ;
insubordination (Art. 1263) ; wilful damage to the ship, her tackle, apparel,
furniture or provisions or to the cargo (Arts. 1257, refusal to
defend the ship against the attacks of enemies, pirates, thieves, &c.
(Arts. 1267, 1269) ; refusal to assist in extinguishing a fire on board
ship (Art. 1268) ; theft of property from the ship (Art. 1264).
In such cases the Consul only acts as examining magistrate :
examining the crew on oath, and establishing all the circumstances
of the case. The prisoner must be sent to Russia on the first
opportunity in a Russian vessel; if possible, a ship of war. A certified copy
of the depositions is forwarded to the II. Department of the Ministry
of Foreign Affairs.
These Articles of the Russian Penal Code do not apply to differences,
crimes, or misdemeanours on board of Finnish ships. In such cases
the Consul must comply with the Finnish regulations in force.1
Differences between Russian sailors must be settled by the local
State or Elective Consular Officer. If any of the parties desire the
presence of the State Consul of the district, they are, of course, entitled
to have their wish gratified, provided the State Consul is able to leave
the place of his residence. The expenses are borne by the persons
requiring the Consul’s presence, in accordance with Art. 37 of the
Consular Tariff.
On the 6th September 1896, one of the crew of the steamer
" Yaroslav," belonging to the Russian Volunteer Fleet and then
lying at Colombo, was severely wounded in a quarrel with another
sailor belonging to the same ship. The captain of the ship applied
to the local Vice-Consul requesting him to hold an enquiry into the
affair, but the latter refused to do so on the grounds that Art. 101
of the Consular Regulations provides that the Consul is only
competent to deal with crimes committed on the high seas, and that
the local British tribunal was exclusively competent to deal with
the case. This view was confirmed by the Ministry of Foreign
Affairs.
If it be proved that a sailor on board of a Russian merchant vessel
is unjustly treated by the captain or any other superior officer, the
Consul must see that justice is done to him.2
It is the Consul’s duty to see that order is maintained on board
Russian vessels and to enquire into all differences and disputes between
1 Cons. Reg., Art. 101.
2 Ibid., Art. 8.
§5 256, 257,
258, 259.
§ 256.
Crimes on
board of
Finnish ships.
§ 257.
Differences
between
members
of crews
of Russian
ships.
§ 258.
Case of the
steamer
" Yaroslav."
§ 259.
Unjust
treatment
of sailors.
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