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p. vi., сн. vi. DISMISSAL AND DISCHARGE.
227
The Consul must give the captain a written authorisation,
mentioning all the circumstances leading to the discharge.1 On his arrival
in Russia the captain must present his report with the Consular
authorisation to the proper authorities.2 The captain is responsible
for all men missing, as well as for any additional men shipped by
him on the voyage, and he must report on oath the reasons for any
decrease or increase in the number of his crew.3
Russian captains are likewise prohibited from landing sailors who
are not Russian subjects in a foreign country, without the consent of
the Consular Officer, except by the desire of the sailors themselves.4
If both parties consent, the Consular Officer may authorise the
voluntary dissolution of the contract and must then make a note of
the circumstance in the muster-roll.5
The sailor, after receiving his wages-account, the balance due
to him and his certificate of discharge, legalised free of charge by
the Consular Officer, must sign a declaration that he left the ship of
his own free will and with the consent of the captain, that he has
received all wages due to him, and has no further claims whatever
against the captain or the Consulate. This declaration must remain
in the archives of the Consulate in order to serve as proof that the
sailor is not entitled to demand to be sent to Russia at the expense of
the shipowners.
Until the ship has reached the port, been secured and her cargo
discharged or ballast taken in, none of the crew may ask for leave
of absence, even if the term of their agreement has expired. But,
as soon as this has been done, the master of the ship is obliged to
discharge or grant leave of absence to every one of the crew, and to
give certificates of discharge for the time of service of the men, at
the same time paying them the wages due to them up to the day
the leave of absence or the discharge is granted. In case of detention
of the discharge or the wages due, the sailor is at liberty to lodge a
complaint in the usual way, i.e., with the authorities, if in Russia, or
with the Russian Consul, if abroad.® Therefore, with a monthly
agreement, the sailor can ask for his discharge at any time, provided that
the ship has reached the port of destination, has been made fast, the
cargo discharged, and the ballast taken in.7 But this does not refer
to cases where Russian sailors have signed articles on a Russian ship,
at a Russian or foreign port for a definite period of time under the stated
condition that certain wages are received every month. In such cases,
sailors are not at liberty to demand their discharge at a foreign
port.8
If a captain surrenders the command of his ship in foreign waters,
either by desire of the owners, or by mutual agreement with them, the
Consular Officer may give his consent to the arrangement on condition
that the amount of wages due, and travelling expenses to the Russian
port where the captain signed articles, be paid to the captain.9 On
1 Cons. Reg., Art. 85. 2 Trade Reg., Art. 293.
3 Ibid., Art. 294. 4 Cons. Reg., Art. 86.
5 Ibid., Art. 103. « Trade Reg., Art. 283.
7 Letter from the Otdel Torgovogo Mareplanaviya to the Russian Consul-
General in London, 14th February 1914, No. 1360.
8 Ibid., of 28th September 1913, No. 8017. 9 § 192.
§ 224.
Consular
sanction of
discharge
of seaman
§ 225.
Discharge
of Seamen.
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