- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
239

(1916) Author: Alfons Heyking - Tema: Russia
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P. VI., Сн. IX. DISPUTES BETWEEN CAPTAINS, &c. 239

men might be arrested and brought before the local magistrates.
His request was complied with, and on December 31st the three
sailors appeared before the South Shields Police Court. The Mayor
was on the bench. It was decided to give the men in charge of the
Russian Consul, " as, the offence having been committed on a Russian
vessel, it was really on Russian territory," and to have them sent
back to Russia for punishment. This decision was contrary to the
interests of the shipowners of the " Anna," who would have to pay
for the custody of the men till there was a chance of sending them
to Russia on board of a Russian vessel, such occasions being rare
in winter time. It was contrary even to the interest of the defendants,
who would thus have lost much more time than if punished
immediately ; for, on coming out of prison, they might have found
employment on another vessel or the Consul might have sent them
back to Russia. It was unsatisfactory for the Consulate, as it had
supported the request of the captain that the men should be punished
by the local magistrates.

It is only warships that have the privilege of exterritoriality in
foreign waters—merchant ships are not entitled to it under any
circumstances. In such cases. Consular Officers are required to
comply as strictly as possible with the terms of existing State treaties.

The treaties of commerce and navigation concluded by Russia
with Greece on the 12th June 1850 (Art. 8) and with the United States
of America on the 6th/i8th December 1832 (Art. 8) stipulate, that
" Consuls, Vice-Consuls and commercial agents have the right to
act as judges and arbiters in disputes between captains and crews
of vessels belonging to the nation whose interests they represent,
without the right of interference on the part of the local authorities,
provided there is no public disturbance of the peace, or that the
assistance of the authorities is not desired by the Consular or
commercial officer ; to insure the proper maintenance or execution of
his decision. Such judgments or decisions of Consular Officers do
not, of course, preclude the parties concerned from appealing to the
tribunals of their own country on their return."

The treaty of commerce and navigation concluded between Russia
and Austria on the 2nd/i4th September i860 is on the same lines.
According to Art. 17, paragraph 2, of this treaty, the Consuls-General,
Consuls, Vice-Consuls, and Consular and commercial agents of the
contracting parties shall not be hindered or opposed in the execution
of the duties entrusted to them by their governments as arbiters
between subjects of their own country, or as judges of differences
originating on board ships belonging to that country within their
districts, except when local law requires the co-operation of the
magistrates or police.

In like manner the Consular treaties between Russia and France
of the 20th March/ist April 1874, Art. 11 ; Russia and Germany of
the 26th November/8th December 1874, Art. 11 ; Russia and Italy
of the i6th/28th April 1875, Art. 11 ; and Russia and Spain of the
nth/23rd February 1876, Art. n, provide that the Consuls,
Vice-Consuls, or Consular Agents shall have the right of exclusive
supervision of the internal order on board ships belonging to the nation

§ 264.
Greece,
United
States.

§ 265.
Austria.

France,
Germany, Italy,
Spain.

§§ 264, 265.

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