- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
275

(1916) Author: Alfons Heyking - Tema: Russia
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P. vi., Сн. xix.

BOTTOMRY.

275

was expended for the purposes originally indicated, cannot be
demanded.1

The bond must mention whether the mortgage involves the ship,
freight and/or cargo (bottomry or respondentia), the circumstances
which necessitated the loan, the nature of the voyage, and all other
necessary stipulations and conditions. The bond may be made out
in the name of the lender or to his order. If more than one copy is
made of the bond, the number of such copies must be stated in the
text. Payment in respect of one such copy, which must be
acknowledged by a receipt on the document itself, renders all other copies
null and void.2

CHAPTER XX.—Shipwreck and Damage to Russian

Ships.

The part which a Russian Consul is expected to take in matters
relating to shipwreck, or any other accident or damage to Russian ships
or their cargoes, depends on whether any agreement exists on the
subject between the Imperial Government and that of the State in
whose territory the shipwreck, accident, or damage occurs.

(A.) If no such agreement exists, the Russian Consul must be
guided by the Consular Regulations only.

The Russian Trades Regulations (Art. 460) provide that a Russian
captain who has reason to suppose that a part of the cargo of his ship
has been damaged during the voyage, must, before opening the hatches,
report the matter to a local Notary Public not later than twenty-four
hours after arrival, and, within seven days of arrival he must make
a formal protest before a Notary Public—on oath and before two
witnesses. The protest must be signed by the chief officer, the carpenter,
and two or more sailors in witness that the damage has not been the
result of carelessness.

The Russian Consular Regulations require that a Consul should
neglect no reasonable means of protecting the interests of the parties
concerned in cases of shipwreck, stranding, or other accident to Russian
vessels, whether in port or at sea and resulting either in the total or
partial loss or damage of ship or cargo. He is required to take
immediate steps, if it is still possible, to save the ship or cargo,
without infringing the laws of the country in which he resides or the terms
of existing treaties, should such laws or treaties reserve the right of
interference to the local authorities. It is his duty also to request
the assistance and co-operation of such authorities whenever it is
necessary. The Consul must attend to the salvage of the ship and
cargo and to the rescue of the crew when possible. He must take
steps to have any portion of the cargo that is saved from a wreck
securely stored, and must endeavour to save the owners of such cargo
any undue or exorbitant charges for salvage.

1 Maritime Code of Finland, Art. 124.

2 Ibid., Art. 126.

§ 326.

§ 326.
Shipwreck,
Consular
assistance.

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