- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
274

(1916) Author: Alfons Heyking - Tema: Russia
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274

BOTTOMRY.

p. vi., сн. xix.

§ 323.
France,
Gar-many,’Italy,
Spain.

§ 324.
Finland.

§ 325. [-Respondentia.-]
{+Respon-
dentia.+}

cargo) and the place and date of repayment. The term decided upon
for repayment is usually a short one, generally 24 hours after the
vessel’s arrival at her destination, and payment is made either to
the lender or to his order. The deed of agreement is signed in the
Consular book by the captain or by his agent or broker, and by the
lender and the Consular officer, and a certified copy of it is handed
to the captain. The captain’s agent then fills in a printed bottomry
bond in English, French or German, according to circumstances,
the terms of which must be strictly in accordance with those of the
agreement. The bond, in duplicate, is signed by the captain, and
his signature certified by a local Notary Public in accordance with
the rule locus regit actum. The Notary’s signature must be legalised
by the State Consul of the district, who certifies that the deed is
executed in accordance with the laws of the land. Elective Consular
Officers must forward the bond to the State Consul to whom they are
subordinate. In France, Germany, Italy and Spain Russian State
Consuls certify the bond directly, without the participation of a local
Notary Public, as Art. 9 of the Consular conventions concluded by
Russia with these States gives Russian Consuls the rights of local
Notaries Public.

One copy of the bond is retained by the captain or his agent and
the other is handed to the lender on receipt of the amount advanced
thereon.

Money advanced on bottomry can be insured by the lender, the
usual premium being from 4 to 8 per cent. The bond may also be
transferred by the lender to a third person.

According to Finnish Maritime Law, in the proceedings as to
bottomry the participation of the Consular Officer is not essential.

The Maritime Code of Finland contains the following provisions :-—-

If the captain is in need of funds and is unable to raise them in
other ways, he is authorised to borrow money and, if necessary, to
give a bottomry or respondentia bond on ship or cargo ; or again, in
cases of extreme urgency, he may procure the necessary sums by
selling a portion of the cargo. Goods thus sold must be paid for at
the port of destination of the vessel, unless she is lost on the voyage,
at the prices current at that port, deducting freight, customs dues
and other customary charges on the goods. The captain is not
permitted to sell the vessel without a power of attorney from the owners,
or unless a competent authority, on inspection, has declared her to
be unfit to continue the voyage.1

Before contracting a loan on bottomry or respondentia, the captain
must communicate with the parties concerned, and prove that, in
the circumstances, he is compelled to take up money on mortgage.2
If the necessity for the loan is certified by a representative of the
interested parties, by a Magistrate, Consul, or any other competent
authority, or if such certification is afterwards produced by the creditor,
the rightful holder of the bond is entitled to benefit under it, i.e. he
can claim repayment of the loan to the extent of all mortgaged goods
or property that exist and are available for payment, on the arrival
of the vessel at her destination. Proof that the amount borrowed

§§ 323, 324,

325.

Maritime Code of Finland, Art. 49.

Ibid., Arts. 47, 48, 103.

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