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P. VI., Сн. XII. DISMISSAL OF CAPTAINS.
253
the captains.1 It must be borne in mind that the facts upon which
such dismissal is based must be of a sufficiently grave character.
They must be self-evident, or confirmed by reliable witnesses. The
Consul takes all the responsibility for his interference.
The dismissal of captains also takes place when the shipowners
decide to have the captain removed and appoint another captain in
his place. If the former captain himself is one of the owners of the
ship, and has a quarrel with his co-owners, and does not want to give
up the ship although a new captain has been sent to take his place,
an appointment cannot be made until the following regulations are
observed by the local Russian Consular Officer :—
According to Art. 206 of the Russian Trade Regulations (ed. 1903)
the captain must have the unanimous vote of all the owners of the
ship. As soon as some of them have declared themselves in favour
of his removal, there is no doubt that he no longer has the right to be
the master of the ship, and in accordance with the Consular
Regulations the Consul has to appoint another captain. If a new captain
has been chosen by some of the owners of the ship, of course the Consul
will appoint that man, provided that he has the necessary
qualifications and documents, viz. : Power of Attorney, Passport and Diploma.
If the former captain, as a co-partner of the ship, wants his share in
the ship paid out, he must put in a claim thereof before the competent
Russian Law Court ; he cannot pretend to keep the command of the
ship until his share in the ship is paid out to him.
All quarrels among the partners of a ship must be decided by the
competent Russian Law Court and not by Consuls.
The above rules apply equally to the captains of Finnish vessels,
as Art. 103 of the Russian Consular Regulations makes no exception
in their case. Art. 53 of the Finnish Maritime Code is, however, in
contradiction to the aforesaid Art. 103 of the Russian Consular
Regulations, and only admits the interference of the Consular Officer in
exceptional cases. The Consular Officer must, therefore, when applying
Art. 103 of the Consular Regulations to Finnish ships, be particularly
careful to have sufficient grounds for his interference.2
The Maritime Code of Finland contains, Art. 62, the following
provision relating to misconduct on the part of captains of Finnish
vessels : " A captain who abuses his right of inflicting punishment,
or refuses, without adequate reasons, to issue their daily rations to
the crew, is liable to a fine of fifty to two hundred marks. For
ill-treating any member of the crew he is liable to punishment under
the penal code."
§ 290
Dismissal of
Captains.
§ 291.
Finland.
1 Cons. Reg., Art. 103 ; Circular of the II. Department of the Ministry of
7133
Foreign Affairs of 2nd August i860, No. —^ .
2 See " Death, removal or change of Captain."
§§ 290, 291.
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