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P. VI., Сн. xi.
DESERTERS.
249
England, or, in other words, which grant reciprocity. Such Orders
in Council were obtained by Sweden, Norway, Germany, Italy and
Denmark ; but could not be obtained as regards Russia, as Russian
legislation does not contain analogous restrictive measures against
crimps. Therefore Russian shipping is unfortunately in this respect
entirely unprotected in British waters.
Several States have passed laws tending to eliminate the obnoxious
influence of crimps. Such is the B3lgian law of 26th June 1889. In
the United States of North America the law of the 14th June 1884 (510)
prohibited the payment of wages to sailors on board of merchant
vessels in advance, and a course of summary procedure was introduced
for the purpose of dealing with crimps.
Although the exequatur granted to Russian Consular Officers by
local governments, and their official admission to the performance of
their Consular duties, give them the right to request the assistance
of the local authorities in arresting deserters from Russian ships and
handing them over to their captains, this has often been made the
object of special State treaties in which the proceedings to be taken
in such cases are determined with full details.
The convention of commerce and navigation concluded between
Russia and Great Britain on the 31st December/i2th January, 1858-59
(Art. 17), stipulates that Russian Consular Officers in Great Britain
shall receive from the local authorities such assistance as may be in
accordance with local laws, to enable them to recover deserters from
Russian men-of-war or merchant vessels, and return them to their
ships. The assistance accorded by the British police is limited by
the Act of Parliament of 17th June 1852, to the sending of deserters
on board of their ships.1 On the other hand, the captain, according to
English laws, is not permitted to deal directly with the local police,
but must do so through the Consular Officer. The right of the latter
to intervene in the matter terminates with the departure of the ship
from the port.
1 By an Order in Council of 27th August i860 for the apprehension and
delivery of seamen deserting from Russian merchant vessels in British ports, it
was established that seamen who are not British subjects and who, within Her
Britannic Majesty’s dominions, desert from merchant ships belonging to the
subjects of His Majesty the Emperor of All the Russias, shall be liable to be
apprehended and carried on board their ships. On the desertion of a seaman
or apprentice, facilities are or will be given by the Government of any foreign
country for recovering and apprehending seamen who desert from British
merchant ships in that country. According to the British Merchant Shipping Act,
1894, Section 238, it is stated :—
Where this section applies in the case of any foreign country, and a seaman
or apprentice, not being a slave, deserts when within any of Her Majesty’s
Dominions, from a merchant ship belonging to a subject of that country, any court,
justice, or officer that would have had cognizance of the matter if the seaman or
apprentice had deserted from a British ship, shall, on the application of a Consular
Officer of the foreign country, aid in apprehending the deserter. For this
purpose, on information given on oath, a warrant for his apprehension may be issued,
and, on proof of the desertion, he may be ordered to be conveyed on board his
ship, or delivered to the master or mate of his ship, or to the owner of his ship or
his agent, to be so conveyed. Any such warrant may be executed accordingly.
§§ 275, 276.
§ 23Э.
Belgium.
The United
States.
§281.
Deserters.
Great
Britain.
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