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234
DISOBEDIENCE, MUTINY, &c. P. vi„ Сн. VIII.
cargo, is liable to from four to ten years’ imprisonment with hard
labour. If the crime took place on the high seas, the culprit may be
condemned to penal servitude for 10 years and upwards. The person
so attacked is entitled to defend himself and the ship and the cargo,
and will not be held responsible for the death of his opponent or for
any wounds he may inflict on him.1
§ 238.
Disputes
between
captains
and crews.
Jurisdiction
of Consular
Officers.
§ 239. [-Engagement-]
{+Engage-
ment+} by
captain of a
sailor
belonging to
another
ship.
§ 240.
Neglect to
draw up
written
contracts
with crews.
§241.
Engaging
men
without certificates.
§ 242.
Unlawful
discharge of
sailors, and
neglect to
repatriate
them.
CHAPTER IX.—Disputes between Captains and
their Crews.
Cases of disputes between captains and their crews or disagreements
with the owners of Russian ships, must, if the parties are willing,
be investigated and brought to amicable settlement by Russian
Consular Officers. Should such an amicable arrangement be impossible,
the Consul is authorised, in all cases of minor importance, and if the
existing treaties and the local laws are not opposed to his doing so,
to act as judge of the first instance, applying the Russian laws relating
to the Russian mercantile marine, and condemning the guilty parties
to the penalties provided by Arts. 1232, 1234, I235> I240, 1242, 1245,
1252, 1253, 1259, 1260, 1261, 1266, 1270, 1271, 1273, and 1274 of the
Russian Penal Code.2
These Articles are as follows :—
Art. 1232.—Any captain of a Russian ship knowingly engaging
the services of a man who is, at the time, in the employ of another
master, without demanding a certificate of formal discharge signed
by that master, is liable to a fine not exceeding 15 copecks for each
day he so engages him, up to a total of not more than 10 roubles,
and, in addition, he will be obliged to compensate the man’s former
employer for his loss.
Art. 1234.—Any captain of a Russian vessel leaving port without
a proper written contract or agreement with the crew, or without
wage-sheets or wage-books, as prescribed by the Trade Regulations,
is liable to a fine not exceeding 6 roubles, one-half of which will be
paid to the person reporting the matter.
Art. 1235.—Any captain of a Russian ship engaging an officer
for the ship without the certificates required by the Trade
Regulations and without a lawful written agreement, is liable to a fine
not exceeding 50 roubles.
Art. 1240.—Any captain discharging one of his crew who is a
Russian subject, abroad, without sufficient cause, or against his wish,
or without the written consent of the Russian Consul, Resident,
Envoy, or Ambassador, is liable, in addition to having to compensate
the man for all losses sustained by him and being obliged to send him
to Russia at his (the captain’s) own expense, to a fine not exceeding
§§ 238, 239,
240, 241,
242.
Maritime Code of Finland, Art. 65.
Cons. Reg., Art. 100.
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