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P. VI., Сн. XVIII. SALE OF RUSSIAN SHIPS ABROAD.
271
the vessel last sailed.1 If any of the crew should obtain employment
on board of other Russian ships, which the Consul must do his best
to bring about if possible, the late owner of the vessel is relieved of
the obligation to defray their travelling expenses back to Russia.2
Finnish seamen must, in all such cases, be sent home at the expense
of the late owner of the vessel, unless employment can be found for
them on board some other Finnish or Russian ship bound for one of
the ports of the Baltic Provinces or the Grand Duchy of Finland.
The Consul must report to the Section for Commercial Shipping
every sale of a Russian ship in his district, and the steps he has taken
in the interests of the late owner and the crew. He must forward
to the Section the power of attorney by virtue of which the sale was
effected, and all the documents proving the nationality of the ship
sold.
The documents of a Finnish ship sold abroad must be sent to the
Governor-General of Finland.
In the event of any of these documents being deficient or
incomplete, the Consul must send in to the Section (or to the
Governor-General) the original declaration signed by the captain, referred to
above. He must also report every infringement of the laws or
regulations applying in such cases, that may come to his knowledge, such
as that a Russian ship is sold without his authority or co-operation,
or, if the sale is effected at a place where there is no Consul, that
the ship’s papers have not been given up as required.
In either of the cases instanced, the offender is liable to a penalty
of one per cent, of the amount for which the vessel is sold, in addition
to the Consular fees. Finnish captains in such cases are subject to
the penal laws of Finland.
If a Russian vessel is sold to a Russian subject, the deed of
ownership must be transferred to the buyer after the seller has made
a statement upon it as to when, to whom, by whom, and for what
amount of money the vessel is sold. This statement must be legalised
by the State Consul of the district.
If the vessel is sold by a person who had not the right to fly the
1 Trade Reg., Art. 295, § 2. There is an obvious contradiction between Art. 292
of the Trades Reg., according to which Russian seamen are entitled to receive wages
up to the assumed time of their arrival at the port where they signed articles, and
Art. 295, § 2, according to which, they receive their wages up to the probable time
•of their arrival at the port in Russia from which the vessel last sailed. In 1902,
the Russian merchant vessel " Lilija " was sold at Newcastle-on-Tyne. The
crew had signed on at Vladivostock (Siberia). She had sailed for England from
Odessa. According to Art. 292, the crew were entitled to receive wages and
travelling expenses to Vladivostock, while, according to Art. 295, they were only
entitled to wages and expenses as far as Odessa. The difference in the amounts of
money to be paid according to the two articles was considerable. It is important
to note that the latest edition of the Consular Regulations (1903) contains, in
Art. 57, the express provision that Russian seamen belonging to the crews of
Russian ships that are sold abroad, must be sent to Russia in accordance with
Art. 295 of the Trades Reg. It is clear, therefore, that in estimating the amount
of wages and travelling expenses in such cases, it is the port in Russia from which
the ship sailed last that must be taken into consideration. This was done in
the case referred to of the " Lilija."
2 Trade Reg., Art. 292.
§319.
Finland.
§ 320.
Sale oi
Russian
vessels
abroad to
Russian
subjects.
§318.
Case of the
" Lilija."
§5 313, 319,
320.
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