- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
270

(1916) Author: Alfons Heyking - Tema: Russia
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270

CHAPTER XVIII.—Sale of Russian Ships Abroad.

§316,
Sale of
Russian
ships
abroad.

§317. [-Repatriation-]
{+Repatria-
tion+} of the
crews of
Russian
ships sold
abroad.

Every Russian subject, whether in Russia or abroad, is at liberty to
sell a ship which is his own property.1 In all cases, however, of
such sales abroad, the authorisation and co-operation of the State
Consul, in whose district the sale takes place, is necessary.2 Such
authorisation can only be given if the captain is able to produce a
power of attorney, or some similar properly authenticated document,
empowering him to sell the ship, and if the Consul has satisfied
himself that the price stipulated for the ship corresponds with her actual
value.3

If it be recognised that the ship is not in a condition to continue
her voyage, and in that case only, the Consul may, after having agreed
with the owner’s agent or correspondent, or, in their absence, on
his own authority, give his consent to the sale, without requiring
the production of a power of attorney. It must, however, be shown
beyond doubt that the ship is no longer seaworthy.1

Should the buyer not be a Russian subject, the Consul, before
consenting to the sale, must require all the papers establishing the
nationality of the ship to be given up to him and, particularly, the
deed of ownership, the flag-patent and the customs passport of the
ship, with which the captain will have been provided on his departure
from Russia. If, for lawful reasons, the captain is unable to produce
any one or more of these documents, he must state such reasons in
writing.

In ports where there is no Russian Consul, the vessels may be
sold with the co-operation of the local authorities, Notaries Public,
or brokers, in accordance with local usage.5 The State Consul of
the district must then request the local authorities to direct the
Notaries Public, brokers, and other persons concerned to interfere
in such transactions, if the captain has not proved his right to sell
the vessel, and, if the purchaser is not a Russian subject, has failed
to deliver the documents establishing the vessel’s nationality to the
Consul.

The above regulations only apply to Finnish ships to the extent
that the State Consular Officer of the district is required to satisfy
himself that the vendor has the right to sell.

Whether the sale takes place in the town where the Consul has
his residence, or at some other place in his Consular district, he is
required to arrange for the return of the crew to Russia.6

The captain of a vessel that is sold abroad by a Russian subject
must send all the members of the crew who signed articles in Russia
to the port or town where they joined the ship, the owner paying
all travelling expenses and full wages up to the time when it is assumed
they will reach their destination,7 or the Russian port from which

1 Trade Reg., Art. 149. 2 Ibid., Art. 152. 3 Cons. Reg., Art. 57.
4 Cons. Reg., Art. 57. 5 Trade Reg., Art. 153.

0 See" Discharge and Dismissal of Sailors." Part VI., Chap. VI.
7 Trade Reg., Art. 292.

§§ 316, 317.

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