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P. VI., Сн. XV. DEATH, REMOVAL, &c., OF CAPTAIN. 259
must be submitted for decision to a competent tribunal in Finland.1
If the captain is relieved of his command abroad, he is not at liberty
to make any claim for compensation at the time, but must reserve
such claim until his return to Finland. If it is decided, by a competent
tribunal, that his dismissal, whether in Finland or abroad, was not
justified by any fault on his part, such as inexperience, disobedience,
or bad faith, the captain is entitled, over and above the wages due
to him for actual service, to compensation equal to the amount of
his wages for one, two, three, or four months, according as to whether
he was dismissed at a port in the Baltic, or in any other European
port, or at a port outside of Europe, yet this side of Cape Horn or
the Cape of Good Hope, or, finally, at a port more remote than these
two latter places.
If the captain has given just grounds for his dismissal by any
fault or error on his own part he is liable to the legal penalty, and
will be required to make good any damages that may result. If
he is convicted of bad faith, carelessness or culpable negligence, the
tribunal may direct the suspension of his master’s certificate.2
When a captain assumes command of a vessel, an inventory
must be drawn up of all the tackle and other furniture belonging
to her, a copy of which, approved by the captain, is handed to the
owners. Before taking command, the captain must satisfy himself,
by careful examination, that the vessel is in good, seaworthy
condition, adequately provisioned, and fitted with all requisites. If
any article is deficient, the cost of supplying which the owner refuses
to bear, the captain is entitled to cancel his agreement.
The captain may not delay the sailing of the ship without sufficient
reason.3 He may not abandon his vessel or his duties without the
most imperative necessity. If he dies during a voyage, or be
incapacitated, his place must be taken by the chief officer, who will be responsible
for the safety of the ship. If the removal of the captain becomes
necessary while the ship is in port, the owners must be advised of the
matter and their instructions taken. If, however, this course entail
too much delay to the ship, the owners’ representative or the Consul,
in consultation with any Finnish captains who may be on the spot,
shall select a man capable of fulfilling the duties, to take charge of
the vessel.4
CHAPTER XVI.—Repatriation and Assistance of
Seamen.
Liberated prisoners of war or persons saved from shipwreck must,
if they are Russian subjects, be provided, by a State Consul, with
passports, to enable them to return to Russia.5 Such persons must
be sent to Russia by sea in a Russian or foreign vessel. If, however,
war, or other circumstances, render travelling by sea impossible or
difficult, the State or Elective Consular Officer must forward them
1 Maritime Code of Finland, Art. 52. 2 Ibid., Art. 56.
3 Ibid., Art. 34. 4 Ibid., Art. 53.
6 Passport Reg., Art. 265 ; Cons. Reg., Art. 42.
§ 302.
§ 302. [-Repatriation-]
{+Repatria-
tion+} of
prisoners o£
war and [-shipwrecked-]
{+ship-
wrecked+}
seamen.
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