COC/iyWHBUAM'b. PyKOBOACTBO A^fl KOHCy/IOBL. A Practical Guide FOR Russian Consular Officers AND ALL PERSONS HAYING RELATIONS WITH RUSSIA. Da veniam scriptis, quorum non gloria nobis Causa, scd ntilitas officiiimque fuit. — P. OviDii Nasoxis : Epist. ex Ponto ; Lib. III.; 9; verses 55 and 56. SECOND EDITION REVISED AND AMPLIFIED BY Baron A. HEYKING, D.C.L. IMPERIAL RUSSIAN CONSUL-GENERAL IN LONDON. LONDON : p. S. KING & SON, LTD., ORCHARD HOUSE, WESTMINSTER. 1916. [All fights reserved.] nPE;iiicjiOBiH. PacripoAa'/Ka BLinymenHaro mhok) bt. JIohaoh'Id, b-b 1904 r., uepBaro naAanm ,,PyKOBOjCTBa ;i;.:i5i pyccKiixi. KOHcyjiOBt" n coBepiniiBmeecH cb Thxi> nopt BHaHiixeaB- Hoe npeo6pa30BaHie PoccmcKoii KOHcyatCKoii cjiy^K6Bi, ooycjiOBHJiH Heo6xo;];nMocTb bi> hobomt. btopomtj ii3;i,aHin DOMHHyTofi KHiirn, npn HeMi^, no-npenxneMy, ona na^a- eTCH Ha aHrjimcKOMTj H3t,iK'Ii no cji'fe;];yiomini'b cooopa- 'yKemHM'B. Tor^a KaKt niTaTHbie nauin KOHcyatcKie npeACxaBiiTejin MoryTt nonbaoBaTtca Cboaomt> SaKonoBt, CBo;i;oM^b PacnopHiKeHiii MiinncTepcTBa IlnocTpaHHbix'b ^'li.Tb no HepBOAiy J^enapxaMeHTy,. impKyjiapaMn iis-h Bxoporo J^enapxaMeHTa Toro ^Ke MnnncxepcTBa, npe;:];nn- caniflMH MnnncxepcxBa ToproB.in n IIpoMbiniaeHHOcxn II X, n. saKOHonoao/KeHiHMii n npejniicaHiaMii, koiimh OHH ;[i,oa>KHbi pyKOBo;i;cxBOBaxbca — Haiiiii neinxaxHbie KOHcyjibCKie npeACxaBHxejin, nncao koiix-b caiiniKOMXj BI3 jxBSi, paaa 6ojibme, ne nivrliiox'b bxj CBoeM-b pacnopa- yKenin Bcero axoro Maxepia.ia, BCTfe^^cxBie xoro, hxo rpoMa;i,Hoe ooabinuncxBO nx-b nHOcxpaHn,bi, BOBce ne 3naioii],ie pyccKaro asbiKa. 06paii];eHie nemxaxnbix'b KOHcyjiOBij K'b inxaTHbiMx> no KarK;i,OMy ox^-fe.ibHOMy coy^aio 3HaHiixejibH0 o6peMeHaex'b KoncyjibCKyio c.'n'/K6y. B-b axoM-b oxHomemn omymaexca Heo6xoAiiMOcxb b-b ■o6jierHeHiii KOHcyjibCKOii cjiy5i>:6bi, T^si'h Goate, nxo ;iajieKoe pacxonnie M'tcxoHaxo^Kjenifl iinbixx> nemxax- iibix'b KOHcy.^OB'b ox'b Miicxa crLj'AiOhi xoro mxaxnaro KOHcyna, KOxopoMy ohii noA^innenbi, ;3;'kxaex'b iixx> nucb- MGHHoe o6paii];eHie 3a iincxpyKixiaMn neBOSMO^KHbiM-b bxj ■cjiyqaib cn'femHOCxii. TaKUMx, o6pa30M'b noxpe6HOCXb b-b ciicxeMaxiiHecKOMXj n3.i0yKeHiH ji'feficxByiomHX'b saKOHOBt n npaBiiji'b, co6jiioAeHie koiix'l B.eo6xojiKuo na Poccm- CKoii KOHcyjibCKOH cjiyjKGia, necpaBHeHHO 6oji'fee nacTOH- HiiBO no OTHomemio ki> neniTaTHBiM'B, T'lbM'B no OTHonieniK) Kt inTaTHbiM-B KOHcy.^aM'B II iiMeHHO Ha anrjiiiicKOM'b, caMOM-b pacnpocTpaHeHHOM'b na seMHOM'b inap-]^ a.3i>iwh^ HM'feiomeM'B npii TOMt oco6oe SHaneme rjisi Me3Kzi;y- napoAHoii ToproBjiii ii ajih cy^oxoACTBa. Hainn MopaKii iicnBiTBiBaioTi) HenajiBM saTpy/^Hema, Kor;];a iiMt npnxo^iriTca cocTaBJiHTB sarpannneio y iiHOCTpaHHbix-B HOTapiycoBTb MopcKie npoTecTbi H ;],pyrie AOKyMeHTBi, OTHOCHmiecH KT. iixT. njiaBamio. Otij Toro 5Ke He,iiocTaTKa cxpa/i.aeT'b cjiy:«:6a HeinTaTHBixi> namnxij KOHcyabCKHXt npe^cTaBHTejieH BJia^'feioimix'B 6ojibineio HaCTBK) nninb OAHIIM'B CBOHMTj pOAHBIMrb aSBIKOM'B. Ohii Bca-fejiCTBie aToro nacTO naxoAHTca bi> saTpyAHH- Te-HbHOMt nojioaceHiii, Korj];a npiixoAHTca pascji'fe^^oBaTb BOSHiiKaiomiH na cyztax-b nainero ToproBaro (jijioxa He,!];opa8yM'feHia, cBii^'feTejibCTBOBaTb o coAepaxaniH inKa- ne^Hbix'b ^KypHajiOB-b, co;],'feiicTBOBaTb niKiinepaMi) Bt cjiynaax-b asapiii, cocTaBjiaxb npoTOKO.TEbi, OTHOcamieca ktj pyccKOMy cy^oxo^CTBy n t. jx. B-b HCMT. Hamii MopaKn n neniTaTHbie namn KOHcyabCKie npe;i;cTaBHTejiH Hy3K;];ai0TCfl. 3to b'b oCme- AOCTynnoM'b MajienbKOM'b cjiOBap'^fe, coAepjKaniieM'b caMHH o6bi;i,eHHbi5i Bbipa^Kenifl no MopcKoii cjiyiK6'fe na pyccKOM'by H'feMenKOM'b, naTbimcKOMT., niBej^CKOM'b, anrjiincKOM'b, (j[)paHny3CK0M'b ii acToncKOM'b asbiKax'b, b'l KOTopoMib napajiJiejibHoe conocTaBJienie cjiob'b noBBOJiajio 6bi Ka'/KjoMy 6bicTpo nanTH cooTB'feTCTByiomee BbipaH^enie na IIHOCXpaHHOM'b flSblK'fe. TaKOBOH BOmeJI'b B^b COCTaBlr HacToamaro HSAama. Jlondom, Mapnn 1916 wda. Aomoph. INTRODUCTION. AS the first edition of the present pubhcation edited in 1904 has run out long ago, and as since that time a series of new enactments and regulations con- cerning the Russian Consular Service and having a bear- ing on the legal position of foreigners in Russia have come into force, it was necessary to revise the first edition and to make considerable additions to it. This has been done in this second edition. During the last half century there has been a marked growth in the importance of the Consular Service. The cause is to be looked for in the fact that the politics of civilised States are gradually being directed more and more by their economic requirements. As a result of their advance in culture and of the innumerable dis- coveries and inventions by which, in international intercourse, the obstacles of time and space are reduced to a minimum, the nations have come into closer and more intimate contact with each other, and the indi- vidual State, in its economic life, no longer suffices for itself, but is compelled to merge its individuality in a universal life in which the interests of the several States are accommodated to the conditions of the whole world. As a result of this fact the nations of the civilised world are finding it necessary, in many places of special importance, to replace their Elective Consular Officers, who perform their duties as a secondary profession and side by side with other occupations, and who are usually subjects of the State in whose territory they have their Vlll residence, by State Consuls, who are specially trained for the exercise of their functions, are subjected to special professional examinations, and are subjects of the State whose interests they represent. This tendency in favour of a Consular representa- tion by trained specialists has, however, its limits, as it would not be advisable to increase the number of State Consuls too largely. In places of small import- ance a State Consul, who is bound to have no occupa- tion outside his Consular duties, would be in an isolated position and would not have sufficient employment to justify the extra expense to the Exchequer. The institution of Elective Consular Officers is thus seen to be a necessary one, the principle of co-operation of State Consuls with Elective Consuls having been adopted by nearly all civilised States. The Russian Consular Service comprises 144 State Consulates and 321 Elective Consulates. While State Consuls, from their intimate acquaint- ance with the affairs of their own country, their special knowledge and their entire independence of foreign influence, are able effectually to promote the interests of the State they represent, Elective Consular Officers are particularly useful in cases where a precise know- ledge of local trade and customs is required. It is, however, an essential requirement for the practical efficiency of Elective Consular Officers that they have an adequate knowledge of their duties and also of the work of State Consuls. Elective Consular Officers are frequently under the necessity of applying to the State Consuls of their districts for advice and assistance in matters which are exclusively within the competency of State Officers. They should, therefore, be fully acquainted with the manner in which the duties of State Consular Officials are performed ; should know what the functions of these officials are, and what laws, regulations, and prescriptions are observed in specific cases. IX Russian Elective Consular Officers should also be in a position, at all times, to supply accurate and com- plete information on matters relating to the Consular service, to Russian legislation where it concerns foreign individuals and foreign trade with Russia, and to legal and other matters important to foreigners who have interests in Russia, or who are connected with Russian trade. The present work is an attempt to supply this deficiency. Besides covering the whole ground of the Consular service, it contains detailed information as to the legal position of foreigners in Russia both in general and in particular as regards certain branches of industry and commerce, with instructions as to the m.ost important Customs Regulations. Many points of detail arising in the everj^day business of the Con- sulates are not provided for in the written laws and regulations, but are, nevertheless, satisfactorily disposed of in accordance with the unwritten law of custom. Thus, the present book is a combination of theoretical knowledge and of practical experience acquired during twenty-eight years of State service at the Russian Foreign Office and at different Consular posts. The Conventions of Russia wdth Germany, Austria- Hungary, Bulgaria and Turkey before the European War, such as Consular Conventions, Conventions on Successions and others, have been mentioned in this edition, although they have of course no practical value during this war. However, they may, perhaps, be sanctioned again on the conclusion of peace. Russian Elective Consular Officers are invited to make use of this Guide, as a Vade mecum in all Con- sular business. The Guide may also be found useful by State Consuls, Legations and Embassies ; for w horn it wdll simplify the work of instructing Elective Con- sular Officers, by enabling them to refer to the appro- priate paragraph in the Guide, instead of giving lengthy extracts and quotations from laws, regulations and X prescriptions. It will also be found of valuable assist- ance to persons preparing themselves for the Consular service, to Commanders of Russian men-of-war, to Captains of merchant vessels, to lawyers dealing with business of an international character, to students of International Law, to shipowners, shipbrokers, under- writers, and, in general, to all persons whom business or other circumstances may bring into contact with the Empire of All the Russias. The Guide is not, how- ever, intended to entirely supersede the necessity for consulting the laws and regulations laid down for the guidance of Consular Officers ; although, at the same time, it supplies, in the footnotes to the various articles, an easy key to such legislation. Elective Consular Officers are recommended to make themselves conversant with the contents of this book. The character of this " Guide " is defined by this fact, that, although authorised by the Russian Foreign Ofhce, it is a private publication for the contents of which the author alone is responsible. I take this opportunity of expressing my hearty thanks to Miss K. Leefe Robinson for the valuable assistance she has given me in preparing this second edition. The Author. London, March, 1916. TABLE OF CONTENTS. npejiicioBie Introduction PACE V vii PART I. Consular Duties in General.— Staff. Office. Chapter i. — General duties ,, 2. — State and Elective Consular Officers - - - . ,, 3. — Consular auxiliary employees - - - . . ,, 4. — Appointment and exequatur - - - - - ,, 5. — Leave of absence ----_.. „ 6. — Retirement or decease of Consular Officers - ,, 7. — Rights and privileges ---... ,, 8. — Consular Officers and local authorities 9. — Inspection of State and Elective Consulates ,, 10. — Commissions from Government - - - - . ,, II. — Archives and Office 12. — Documents and valuables deposited at Russian Con- sulates --------- ,, 13. — The Consular districts ----.. ,, 14. — The Consular uniform --_... ,, 15. — The conferring of Orders, Medals, &c. I 5 8 9 II 12 13 19 21 24 25 33 34 45 47 PART II. Supervision of Commerce and Shipping. Chapter i. — Commercial relations of Russia with foreign countries- ,, 2. — Supervision of commerce and shipping . . . 3. — Annual reports on commerce, industry, and shipping ,, 4. — Special reports on various matters . . . . „ 5. — Annual reports on the activity of the Consular Officers 48 51 5- 57 58 PART III. Sanitary Matters. Chapter i. — Reports on epidemics ------ 62 ,, 2. — Measures against the introduction of infectious diseases into the Baltic ports ------ 64 3. — Bills of health 66 PART IV. Documents. Chapter i . — Certificates of origin of goods ----- 69 " — Visa of passports ------- 7^ — Passports for Russian subjects ----- 84 — Drawing-up, legahsing, and attesting documents- - 96 — Legal capacity of Russian subjects - - - - 106 Xll Chapter 6. — Wills of Russian subjects abroad - - - - io8 7. — Consular legalisation of civil judgments of foreign courts 115 ,, 8. — Certificates giving the right to plead i}i forma pauperis 119 ,, 9. — Stamp duties on petitions and other documents - - 119 „ 10. — Protest of bills of exchange at Russian State Con- sulates - - - - - - - - -122 ,, II. — Certificates relating to Russian State Loans - - 125 ,, 12. — Certificates for pensions of Russians abroad - - 127 Chapter I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 PART V. Assistance to Russian Subjects. — General 129 — Assistance in regard to trade - - - - - 138 — Birth of Russian subjects abroad - - - - 140 — Marriage of Russian subjects abroad - - - - 141 — Divorce of Russian subjects - - - - - 150 — Decease of Russian subjects abroad - - - - 153 — Inheritance tax - - - - - - -166 — Minors and widows abroad - - - - - 167 — Lunatic Russian subjects abroad - - - - 168 — Presents and dedications to Their Imperial Majesties - 172 — The Consul and disputes between Russian merchants - 172 — Consular jurisdiction in non-Christian States - - 172 — Consular supervision of Russian subjects - - - 174 — Military service of Russian subjects - - - - 176 — Pensions referring to military service - - - 184 - — Immigration and expulsion of aliens - - - - 187 — Readmission of Russian subjects into Russia - - 198 — Extradition 203 — Naturalisation and relinquishment of nationality - 204 — Conversion of Jews to Christianity - _ . - 209 — Money remittances to Russia and regulations for tele- grams - - -- -- - - - 209 — The suppression of White Slavery - - - - 213 — Repatriation - - - - - - - -213 — Deposit of property at the Consular office - - - 214 PART VI. Duties connected with Vessels sailing under the Russian Merchant Flag. Chapter i. — Arrival ...... 2. — Sailing ...-_. 3. — Duties of captains - 4. — Duties of sailors . . . - 5. — Signing articles _ _ . . 6. — Dismissal and discharge - - - 7. — Wages of sailors, fines, etc. 8. — Disobedience, mutiny, and violence 9. — Disputes between captain and crew - ID. — Sailors' rations . . _ . II. — Deserters - _ . . - 12. — Dismissal of captain _ _ - 13. — Invalid sailors - - - - - 14. — Death of sailors . . . - 15. — Death, removal, or change of captain 16. — Repatriation and assistance of seamen 216 219 220 221 223 226 231 232 234 242 245 252 254 236 257 259 Xlll Chapter 17. — Purchase of vessels abroad by Russian subjects - 263 ,, 18. — Sale of ships abroad - - - - - - 270 ,, 19. — Bottomry - - - - - - - -272 ,, 20. — Shipwreck and damage - - - - - -275 ,, 21. — Priority of claims against Finnish ships - _ _ 282 PART VII. Duties connected with the Imperial Russian Navy. Chapter i. — Arrival of warships ------- 284 2. — Pilotage and fresh water - - - - - -285 3. — Assistance to officers of the Navy - _ - - 285 4. — Purchases and accounts of warships - - - - 286 3. — Invalids on board of warships . _ . . 288 6. — Dismissal of men belonging to warships - - - 289 7. — Death of men belonging to warships . - . 289 8. — Articles left behind by warships - - - . 289 g. — Protection of Russian subjects by warships - - 290 10. — Exterritoriality of warships ----- 290 1 1 . — Coaling of belligerent warships at neutral ports - - 292 12. — Contraband of War ------- 294 13. — Prizes and prize courts ------ 296 14. — Rules, and Regulations for ships conducted by an ice-breaker through ice ------ 300 PART VIII. Consular Fees. Chapter i. — Parity of Russian roubles and foreign coinage 2. — The Consular Tariff - . . - 3. — Explanatory notes to the Consiilar Tariff - 4. — Consular accountability _ - - _ 5. — Consular Revenue Stamps - - _ 6. — Fees collected not to be returned 7. — No fees for overtime - - _ . 303 306 321 328 335 341 341 PART IX. Instructions as to Russian Customs Regulations. Chapter i. — Russian Customs Regulations as to tickets of foreign lotteries, passenger luggage, and books - - - 3^3 ,, 2. — Reduction and exemption from Customs duty - - 343 ,, 3. — Importation of living plants, fruit and vegetables - 330 ,, 4. — Importation into Russia of drugs - - - - 35- ,, 3. — Formalities to be observed in the importation of goods by land or sea - - - - - - -35- ,, 6. — Formalities to be observed by vessels arriving at Russian ports from abroad - - - - - 35<> ,, 7. — List of articles the importation of which into Russia is prohibited - - - - - - - '357 ,, S. — List of articles the exportation of which from Russia is prohibited, in addition to special Regulations prevailing during the War - - - - - 360 ,, 9. — Importation into Russia of firearms - - - - 361 ,, ID. — Importation into Russia of books - - - - 352 ,, II. — Importation into Russia of cattle - . - - ^52 XIV Chapter i PART X. Legal Position of Foreigners in Russia. — Right to follow various occupations, to plead in law- suits, to inherit property, and to draw up wills — Right to engage in industry and commerce, correspond- ing taxes, professional diplomas and certificates — Right to acquire real and personal property — Right of foreign companies to conduct operations and lawsuits in Russia ------- — Right to become members of professional guilds and corporations, and to become honorary citizens- — Rules to be observed by commercial traders in Russia Chapter i PART XI. Legal position of Foreigners in Russia with regard to Particular Branches of Commerce and Industry. Manufacturing and metallurgical industries -Mining -Petroleum industry ----- -Manufacture and sale of salt - . - -Manufacture and sale of alcoholic beverages -Manufacture and sale of tobacco -Manufacture and sale of sugar -Manufacture of matches - - -Publishing and importation of books - -Manufacture of articles of gold and silver - PART XII. Legal position of Russian Subjects in Great Britain 364 367 370 37^ 374 375 378 378 379 379 380 381 381 382 382 383 384 PART XIII. A plea for Consular Conventions 385 PART XIV. Maritime Vocabulary of Nautical Expressions commonly used in the Russian, German, Lettorian Swedish, English, French and Esthonian languages =... = = 393 APPENDIX. Form of petition to His Imperial Majesty the Emperor of Russia to be addressed to the Chancellerie of the Emperor for petitions in his name at Petrograd -------- 415 Form' of Russian Ship's Articles - - - - - - -418 Form of petition for pensions referring to military service - - 419 Forms of Russian Powers of Attorney, General and particular ,^ comparison of Russian weights and measures with those of the ' metric system - -- 420 Comparison of Russian and English weights and measures - - 425 List of legislative enactments, and other authorities referred to in the text --..- = = = 427 Index 429 PART I. Consular Duties in General. — Staff. — Office. CHAPTER L— General Duties. §1. Every Consular Officer is under obligation to perform the duties Consular of his office in accordance with the existing laws and according to duties in instructions transmitted to him, and must, by his behaviour whether on or off duty, show himself worthy of the respect which he should attach to his position. It is the sacred duty of every servant of the Russian State to guard and protect, to the best of his knowledge, power and ability, all rights and prerogatives appertaining to His Majesty the Emperor.^ Every official is expected to make it his immediate duty to be well acquainted with all the laws and regulations of the State and to maintain their integrity to the very best of his ability, as the funda- mental basis of the fair and equitable conduct of all business. ^ In particular. Consuls are required to watch, each one in his own Consular district, over the interests of Russian and Finnish trade and shipping.' The Consul is responsible for the legality of his official actions. With regard to his behaviour outside of his official sphere, it is im- possible to lay down any fixed rules. Tact and experience are, here, the best instructors. Careful preliminary investigation is especially necessary when joining clubs, associations, &c. The Consul must treat as confidential all matters which come to his knowledge in his official capacity. Russian Consuls must conform, in the exercise of their official functions, to the laws of the Russian Empire, to the Circulars of the Ministry ot Foreign Affairs, to the instructions of the Legations, Embassies, or Consulates to which they are subordinate and to those of the Ministries of Finance, Trade and Commerce, and Marine. On the other hand, Consular Officers must also be guided by the law and usage of the district in which they exercise their office. If the local government has not granted the Consul special rights and privileges by agreement between itself and the State whose agent the Consul is, he is subject, in all his official actions, to the laws of the country in which he resides, and may not, therefore, place himself in conflict with them. In his official intercourse with the Ministry or other authorities of the country in which he resides, the Consul must be careful to observe propriety and the established etiquette and not make pretensions which might lead to disputes. Even in the most delicate explanations, he must know how to uphold his dignity, not forgetting the respect due to the Government with which he has to deal. In short, while taking care that the prerogatives ^ Reg. of Civil Service, Art. 706. 2 Reg. of Civil Service, At 708. ^ Cons. Reg., Art. i. GENERAL DUTIES. P. I., Ch. I. Punishment for insulting Consuls. attached to his post and recognised by treaties and usage be main- tained intact, the Consul must not, through misplaced pretensions, be the occasion of complaints against himself or of misunderstanding between the Governments of the country in which he resides and of that which he represents.^ If a case occur which is not provided for by Russian law, or if by reason of the peculiar situation of the Consul's place of residence, or for other reasons, he find himself in an exceptional position ; or if, generally speaking, a more exhaustive explanation of any point of Consular law or usage be necessary, the Elective Consul must apply for special instructions to the State Consul, to whom he is subordinate, and the latter will, if necessary, report to the Imperial Legation or Embassy accredited to the country in which he resides and to the Ministry of Foreign Affairs. ^ The Consul is the guide, protector and, in some cases, the trustee of Russian subjects. He is the representative of the power of the Government in the district entrusted to him, and it is his duty to collect and transmit to the various Government Offices and Institu- tions by whom he is instructed, information on certain matters : such as sanitary conditions and measures, statistics, ship-building, judicial matters, railway construction, shipping, finance, agriculture, taxation, forestry and all branches of industry and trade. He is empowered to perform certain notarial acts : to viser passports in favour of people proceeding to Russia ; to grant passports and certifi- cates to Russian subjects returning to Russia, and to legalise ship's documents. He co-operates with the commanders and masters of war-ships and merchant vessels on their arrival and departure from the ports of his district, and in the event of accident or damage, complete wreck or other misfortune incidental to shipping, when all sea-protests, declarations of experts and settlements between commanders and crews, &c., &c., are made before him. It is his duty to protect the interests of Russian subjects applying to him for assistance ; to correspond in reference to their afeirs with the local authorities and the home Government, and to make a special point of endeavouring by all means in his power to promote the export of Russian produce to foreign countries. Finally, it is his duty to succour, assist and repatriate such Russian subjects as are without means of subsistence and are not able to remain abroad, e.g., sailors who have been left behind by Russian vessels, either through sickness or any other cause, returning emigrants, vagabonds and pilgrims. Any person convicted of having insulted an official by the use of abusive or defamatory language directed towards him, even if not in an official place but during the performance of his official duties, or in consequence of such performance, shall be hable to imprison- ment for a period of from two to four months. If it be proved that such verbal insult was committed without the intention of showing disrespect to the place or person, but in a state of drunkenness or through ignorance or stupidity, or that the words used by the culprit, though indecent, were not abusive or ^ Cons. Reg., Art. 99. 2 Cons. Reg., Arts. 2 and 106. §1. p. I., Ch. I. GENERAL DUTIES. 3 defamatory, he shall be Uable to a fine not exceeding one hundred roubles.^ Russian Consular Officers must, as far as possible, perform their Presence duties themselves and leave to their auxiliary employees only such ^ ° ^^' work as is of a purely mechanical nature. Among Consular Officers there are some who are merely figureheads, and who have no idea whatever of their Consular business. They do not even wish to apply their energies to their duties, and leave all the work of the Consulate to be done by clerks. So, the public applying to the Consulate never have a chance of seeing the Consul, and are simply directed to apply to his clerks. This order of things is nearly always most injurious to the country the Consul represents. It need hardly be said that the clerk, who bears no responsibility himself, has far less interest in satisfying the people applying to the Consulate, than the Consular Officer himself. The Consul has been elected for the very purpose of taking care of the interests of the country he represents. It is assumed that he will make himself thoroughly conversant with his duties, apply all his energies, and so become an authority on the work which is entrusted to him. And, without personal experience, he cannot attain to this. It is the duty of Russian Consular Officers to perform their duties so that they may satisfy the greatest number of Russian subjects with whom they have to deal. The correspondence of Consular Officers with officials and private Corre- persons must be carried out with promptness and without dela}^ using note-paper with official heading. But the note-paper must not mention any business capacity or personal attainment of the Consular Officer. Generally speaking, Consular Officers must hold apart their official capacity from their private occupation, as otherwise the dignity of the Office may suffer. It is specially desirable that the Consular office should not serve the purposes of advertising private character. How far Russian Consular Officers are allowed to contribute to Publica- periodicals or to edit separate books, is a question wliich must be dealt with in accordance with Art. 727 of the Civil Service Regulations, - according to which Russian State employees (not Elective Consuls) are forbidden to issue books which contain anything that has a bearing on the Foreign or Home relations of the Russian Empire, without the permission of their chiefs. It appears, therefore, that Russian Consular Officers may not collaborate with the Press or issue separate books which refer directly or indirectly to questions of politics or of the Russian State service. If special permission has been requested and granted by those Officers who hold superior rank to the authors, then the work may be published, and it makes no difference whether these articles or books appear under the signature of the author, or anonymously, or under an assumed name. \\'hen such articles or books are to be published abroad, consent for doing so must be obtained from the chief of the local Diplomatic Mission, and for articles and books to appear in Russia, the consent of the Ministry of Foreign ^ Code of Criminal Laws, Art. 268. 2 Svod Zakonov, Vol. III., Edition 1896. §1. 4 GENERAL DUTIES. P. i., Ch. i. Affairs is necessary. Articles or books which do not refer to questions of pontics or State service do not require any previous authorization from the authorities mentioned above. ^ Eaele*° It has been observed that some persons, who have not received permission to use the Russian Imperial Eagle, yet still do so upon books, cigarettes, trunks, &c. Russian Consular Officers are expected to protest against such use, and to point out that the Russian Eagle is generally put upon official Government publications, and, therefore, books that bear this crest have the appearance of being official publications. The Russian Eagle is also put upon advertisement signboards and products of those firms which have received special permission from the Russian Government to do so. This privilege is granted for their exhibits at Russian exhibitions, and for their services rendered to Russian trade and industry. Russian Consular Officers are obliged to prevent tjhe unlawful use of the Russian Eagle as far as possible. Except in special cases, the jurisdiction of Honorary Consular Officers is limited to the town of their residence. If they are requested to perform Consular duties outside their town of residence, they must apply to the State Consul, to whom they are subordinate, with the request to be delegated in each separate case in accordance with Art. 37 of the Consular Tariff. The Consular Officer must be especially well informed about : — - 1. The firms of his Consular district which are interested in the exportation of goods from Russia, and who might be interested in such exportation in the future. 2. The reasons which allow other countries to compete with Russian goods on the local market. 3. New branches of industry arising in his Consular district. 4. The means of communication, and the carriage of goods. 5. Improvements in the facilities of loading and discharging goods at seaports. 6. The development of telegraphs and telephones. 7. The condition of rural economics ; crops, and progress of indus- tries standing in connection with agriculture. 8. Cattle-breeding and the importation and exportation of these animals. 9. The state of navigation.^ The Consul must also be thoroughly acquainted with current questions useful to him concerning his Consulate, and the way analogous cases have been dealt with in the past. State Consuls must know thoroughly well those laws regulating the duties of notaries pubHc, penal and common law enactments regulating commerce and shipping, miUtary service, passports, bills of exchange, stamp duty, customs, and if questioned, they must be able to give authoritative answers on these matters. They may not avoid legal duties and must give advice to Russian subjects who apply to them in this respect. ^ Letter of the Director of the II. Department of the Russian Ministry of Foreign Affairs of 14th June 1912, No. 7849. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 9th January 1912, No. 290. ^. 1. p. I., Ch. I. GENERAL DUTIES. The Consul is at the head of the Russian Colony, although he has not the right to dictate to it, and in the capacity he fulfils, he must look after and pay proper attention to all those belonging to the Russian Colony.^ CHAPTER II. — State and Elective Consular Officers. A DIFFERENCE exists between State and Elective Consuls. The §2. former, who are also called Consules missi, are sent by the State ji^gJ^g" which appoints them to a foreign State, and must be subjects of tlie between country they represent. They draw a fixed salary and the Consular State and fees collected by them form part of the revenue of the State. On qq^suIs. the other hand, Elective Consuls are Consular Officers who are selected from local merchants or other suitable persons. They do not require to be subjects of the State by which they are appointed, and do not draw any fixed salary, but are entitled to retain all fees collected by them in accordance with the Consular Tariff. In places where there is not sufficient reason for appointing State Consular Officers, and where there is occasion to assist Russian subjects and Russian Industrial and Trading interests. Elective Consular Officers are appointed. Their rank is generally determined by the importance of their functions, and the position they occupy socially and officially. Russian subjects and those who know the Russian language, if they are otherwise considered to be suitable, have preference over other candidates for Consular appointment.^ A person who desires to be appointed a Russian Elective Consular Officer, must apply to the State Consul of the district, givdng full particulars, and filling up the following form : — « c Z a c « ■/! Since When l-> a a o a 2 .81 a be c a 6°^ Date Birth o 'S> 1 11 Whether knows t RjssianLai Whether he Foreign Lan and, if so, \ 3J3 « £> C U ^ S a u c S "■• " 2 S o S c £ u: ss C 9- Further, he must produce a written recommendation from some local authority, and must sign the following declaration : — " I, the undersigned, hereby certify, that upon undertaking the § 3. " charge of the Imperial Russian Vice-Consulate at X, I will fulfil Declaration " my duties according to the instructions which are, oj will be, of Elective " given to me by the Imperial Russian Consulate at X, the Imperial Consular " Russian Embassy at X, and the Ministry of Foreign Affairs at 0™cer. ^ Collection of Regulations ot the I. Department of the Russian Ministry of Foreign Affairs, Petrograd, 1912. Pages 17 and iS. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of ■6th February 1913, No. 1500. §§ 2, 3. 6 STATE AND ELECTIVE CONSULAR OFFICERS. P. i., Ch. ii. § 4. Commercial under- takings of Elective Consuls. " Petrograd.^ At the same time I renounce all claims to remunera- " tion or money recompense of any kind from the Imperial Govern- " ment for my services as Russian Vice-Consul, other than the " Consular fees which, in accordance with the Russian Consular " Regulations, revert to my profit. Finally, I give my word of " honour not to belong to any secret political or social society or " organisation." Only persons of unblemished character can be appointed to the post of Elective Consul, and it is understood that, once appointed, these functionaries may not accept the Consular office for another Government without the special sanction of the Russian Govern- ment. ^ The same applies to State Consuls, who are subject to this further restriction that they are not allowed, unless with the per- mission of the Russian Ministry of Foreign Affairs, to accept titles, honorary insignia, presents, wages, or any other form of remuneration or reward, from Foreign Governments or private individuals. Elective Consular Ofhcers ought to bear in mind that their appoint- ment is a high honour. It may be that their social and business standing will gain by such an appointment, but they should never exploit it for personal purposes, especially as they have to observe Russian interests. For instance, if a Russian man-of-war is in need of coal and other supplies, the Consular Officer should make it possible for the warship to be provided with those necessaries at the cheapest possible rate. He must not push his own interests by proposing to supply the warship at a higher price than would be paid when applying to the open market. The Russian Ministry of Foreign Affairs is bound to exercise every precaution in order to prevent the Consul's official interests being prejudiced by his private business.^ Elective Consular Officers are not forbidden to engage in trade and to transact private business, but this permission ought not to be incompatible with the impartiality which Russian Consular Officers must maintain towards Russian captains. That amount of tact is expected from Elective Consular Officers which will lead to the avoidance of the collision of the interests of the Consular Office with his private business. In Consular practice there have been cases in which, in pursuance of their private business, Russian Elective Consular Officers have refused to deliver letters for Russian vessels to the ship's agents, and have forbidden ship's agents to call at the Consular office. This is inadmissible. The letters for Russian ships must be delivered not only to the captains themselves, but also to their agents whoever they may be. Consular Officers should not bring any pressure to bear upon Russian captains in forcing them to interest themselves in the Consul's private business. Russian captains ought, for instance, to be free from any compulsion whatever to choose their agents according to their own wants and desires. Russian State Consuls must not be interested, either directly or indirectly, in any commercial undertaking whatever. Cases in which a State Consul is appointed Agent for a Company protected by the ^ Collection of Regulations of the I. Department, Petrograd, 191 2. addition. 2 Cons. Reg., Art. 7. ^ . Russian Civil Service Regulations, Art. 740. §32^ § 4. p. I., Ch. II. STATE AND ELECTIVE CONSULAR OFFICERS. 7 Russian Government, and in which the appointment could not have been made without the formal authorization of the Ministry of Foreign Affairs, are excepted.^ Russian State Officials are not permitted to buy or acquire interest in property the sale of which has been entrusted to them by the Government^ ; they are forbidden to enter into agree- ments or contracts of any kind whatever, either directly, or in the names of their wives, in those places where they are officially employed, and they are especially forbidden to participate in such contracts through agents. 3 State Consuls may hold office either as Consuls-General, Consuls, § 5. Vice-Consuls, or Consular Agents ; Elective Consular Officers may jVjgp^i^ be either Consuls, Vice-Consuls, or Consular Agents. State Consuls Consular are subordinate to the Russian Ministry for Foreign Affairs and are ranks, under the orders of the Russian Legation or Embassy accredited to the countries in which they reside. They are, further, required to carry out such special instructions as may be addressed to them directly by the Ministries of Finance or Marine.* Elective Consuls are subordinate to the State Consuls of their respective districts, who are responsible for all their acts. They must be furnished by the State Consuls with instructions, in strict confoiTuity with existing Russian regulations, and receive from them any further directions of which they may stand in need. All their letters and reports (including the annual trade report) must be addressed to the State Consul of their district, except when the Russian Legation or Embassy considers it necessary to correspond with them direct. ° The State Consul is solely responsible, within the limits of his j 6. Consular district, for every act coming within the scope of the Consular Instruction functions whether performed by himself or by a subordinate Elective consular Consul. In case of negligence on the part of an Elective Consul, or OflBcers. of disobedience, fraud or any other offence, the State Consul is entitled to reprimand or even, if the case is sufficiently serious, to suspend him from his office and recommend his dismissal to the Russian Ministry of Foreign Affairs. As the State Consul can only be made responsible for acts of i^ 7. Elective Consuls which come within the scope of Consular functions, ^^.^P°°|^" his responsibility is not impaired by acts of Elective Consular Officers state which do not lie within the Hmits of such functions. In the year 1904 Consuls, a Russian Elective Consular Officer in Great Britain appropriated a sum of money left by a Russian subject who died there. Those who had a claim towards this inheritance tried to make the Russian Consul at Newcastle-on-Tyne, to whom the Elective Consul was subordinate, responsible on the strength of Art. 10 of the Consular Regulations. But, as the defalcation had been committed without the knowledge of the State Consul, the latter denied such responsibility as coming into the range of " Consular functions." ^ Cons. Reg., Art. 3. 2 Reg., of Civil Service, Art. 771. ^ Reg., of Civil Service, Art. 772. * Cons. Reg.. Art. 5. 5 Cons. Reg.. Art. 8. §§ 5. 6, 7. Seal of Consul. 8 STATE AND ELECTIVE CONSULAR OFFICERS. P. i.. Ch. ii. Every certificate or document legalized or drawn up by a Russian Consular Officer must be signed by the latter or by a person who has been specially recognised as acting for him for the time being. ^ The State Consul ceases to be responsible for the official actions of an Elective Consul who has been deprived of his office, after the fact of such deprivation has been duly notified to the local authorities.^ Honorary Consular Officers are not expected to know the Russian law, nor even the Russian language, and, as they are not in the posi- tion to avail themselves of the Reference Books written in the Russian language, they should make it perfectly plain to everybody applying to them that they are not able to give information or advice as to provisions of the Russian Law. They should refer those applying to them to Russian State Consuls or to Russian lawyers, or to this " Practical Guide." State Consuls provide the Elective Consular Officers of the District with the Russian official seal free of charge. This seal is to be used on all documents, in Russian or other languages, dealt with at their offices. Rubber stamps in foreign languages, which are used in the Consular office, must not have the form and appearance of seals. 3 §8. State Vice- Gonsuls and Secretaries and Elective Secretaries. CHAPTER III. — Consular Auxiliary Employees. In order to be able to fulfil their duties Consular Officers require auxiliary employees. Such may be either State or private auxiliary employees. The former are called Vice-Consuls or Secretaries : they are Russian subjects and are appointed by the Ministry of Foreign Affairs, being State Officials of the Russian Empire. The latter are also called Vice-Consuls, Secretaries or Consular Agents : they are, however, for the most part foreign subjects, are appointed by the Consul with the consent of the Ministry, and depend exclusively on the Consul — having the character of his private secretaries — although they receive their wages from the Ministry, under the head of extraordinary expenses of the Consulate. For all acts performed by them in the exercise of their Consular functions, the Consul is solely responsible. The duties of both are fixed by the Consul. Generally speaking. State auxiliary employees are required to per- form more important duties than those entrusted to private auxihary employees. Either may be employed by the Consul, with the special authority of his Legation or Embassy, to act as his representative §§ 7, 8. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of loth January 191 1, No. 330. 2 Cons. Reg., Art. 10. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of 23rd November 1913, No. 12,800. p. I., Ch. III. CONSULAR AUXILIARY EMPLOYEES. 9 during his absence. The Consul informs the Ministry of Foreign Affairs of every appointment or suspension of a private auxihary employee^ and of every occasion upon which an auxihary State em- ployee of his Consulate obtains leave of absence (with his permission and the consent of the Legation or Embassy) and when he returns to his duties.^ Consular employees are required to render every assistance in their power to all persons, without exception, who may have occasion for their services. Any employee evading this duty is liable to a fine.3 Art. 6 of the Consular conventions with France, Germany, Italy § 9. and Spain stipulates, that in event of inability on the part of a Consul- Ris^ts of General, Consul or Vice-Consul, through absence, death or any other Consular cause, to perform the duties of his office, his Deputies or Secretaries, OflScers after being introduced to the local authorities in their capacities as Qgrmanv^' such, shall be legally entrusted with the temporary control of the Italy, Spain, particular Consulate, enjoying, during the period of their activity as Deputies, all the privileges, immunities and advantages appertaining to the Consular Office. CHAPTER IV. — Appointment and Exequatur. State Consuls are appointed by His Majesty the Tsar and receive their patents from the Russian Ministry of Foreign Affairs ; whereas Elective Consuls are appointed by the State Consuls in whose districts they have their residences, subject to the sanction of the Russian Legation or Embassy to which the State Consul is subordinate. In order to obtain such sanction, the Consul is required, in the case of an appointment to a post already existing, to submit to the Legation the reasons which have determined his choice. The Legation, if approving the Consular selection, submits the new appointment for confirmation to the Russian Ministry of Foreign Affairs, and acquaints the Consul in due course of the result. If it is a question of creating a new post, the State Consul must submit to the Legation the reasons which necessitate the measure.* Sometimes, those desirous of being appointed to the post of Elective § 10. Vice-Consul want to know the exact circumstances which determine Choice of a the choice of a suitable candidate for such an appointment. It is candidate not easy to give a definite answer to such a query. The candidate ior must inspire confidence in his own trustworthiness. This can be Consular attained by references from the ]\layor of the place, or other persons ment. holding public office, stating that the candidate is considered to be suitable for the prospective Consular appointment. But, in order to ensure efficiency in Consular business, it is desirable for the candidate ^ Cons. Reg., Art. 13. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of the 26th April 1902, No. 2937. ^ Ibid., of the 27th November 1901. •* Cons. Reg., Art. 6. §§ 9. 10. 10 APPOINTMENT AND EXEQUATUR. P. i., Ch. iv. §11. Exequatur. U2. Appoint- ment of Elective Consuls in Germany, Spain, France and Italy. Belgium, Switzer- land. that he prove to be in a more or less independent position, that his social standing is in accordance with his prospective appointment, that he is not already a Consular representative of another Power,, that he belongs to the Christian faith, and that he is not engage4 in the coal-trade, or that of ship-chandler. When a State Consul has been appointed or replaced, the Legation or Embassy takes the necessary steps to obtain official recognition of the newly-appointed officer from the local Government and promise of assistance and protection in the exercise of his Consular duties. The instrument by which this is effected is known as an " Exequatur," which is usually worded somewhat as follows :• — " George, by the Grace of God ... to all and Singular our " loving Subjects, to whom these presents shall come. Greeting ! " Whereas the Emperor of the Russias has appointed X to be his " Consul at Y and We having approved of this appointment, Our " Will and Pleasure are and We hereby require that you do receive, " countenance and, as there may be occasion, assist him, the said X, " in the exercise of his office, giving and allowing unto him all the " Privileges, Immunities and Advantages, thereunto belonging." A special "Exequatur" is not, usually, granted by the local Government in the case of Elective Consuls ; but the necessary steps are taken by the Legation to obtain his recognition from the local Government, and the State Consul to whom he is subordinate acquaints the authorities of the town or port where the newly appointed Elective Consul will reside, of his nomination to the post. The State Consul informs the Ministry of Finance and the Ministry of Trade and Industry at Petrograd when the appointment has been recognised by the local authorities. ^ The right of State Consuls to appoint Elective Consuls has been specially confirmed by the Consular Conventions concluded by Russia with Germany on the 26th November/8th December 1874, with Spain on the i6th/28th April 1875, with France on the 20th March/ist April 1874, and with Italy on the i6th/28th April 1875. Art. 7 of these Conventions states : Consuls-General and Consuls may appoint Vice-Consuls and Consular Agents in the towns, ports or localities of their Consular districts, subject to the approval of the local Govern- ment. These officials may be selected either from the subjects of one or the other of the States concerned, or from foreigners, and are fur- nished with a patent executed by the Consul by whom they have been appointed and to whom they are subordinate. They are entitled to the privileges and exemptions stipulated for by the above-mentioned Conventions, except the following, viz. :. — exemption from the pay- ment of house-duties, military contributions, direct and personal taxes, and duties on personal effects and luxuries, arrest and the obligation to attend courts of law, &c. in person, when called upon to give evidence.^ The right to appoint Russian Elective Consular Officers is also expressly stipulated for in the treaties of commerce and shipping 1 Cons. Reg., Art. g. 2 Arts. 2 and 3 of said Convention. 11, 12. p. I., Ch. IV. APPOINTMENT AND EXEQUATUR. II with Belgium of the 28th May/gth June 1858, and in the treaty of commerce with Switzerland of the I4th/26th December 1872.^ '" Although Elective Consular Officers are ordinarily appointed on the initiative of the State Consul for the District, ^ there are cases when this is done by the Embassy or Legation : as, for instance, in countries like Belgium, where there are no State Consuls. In countries beyond the seas, where there are no Russian Legations or State Consuls, the Ministry of Foreign Affairs appoints Elective Consular Officers on its own initiative. CHAPTER V. — Leave of Absence. Consular Officers are under the obUgation to be always present at § 13. their official place of residence, or within their Consular district. }^t*^^ ^^c Generally speaking, therefore. Consuls may only leave their place state and of residence and district, if they have requested and obtained per- Elective • Consular mission to do so. Elective Consuls should obtain such permission officers from the State Consuls to whom they are subordinate. At the same time, they are permitted — in view of their private business — to leave their place of residence without first obtaining special permission to do so, if their absence is only to be of short duration ; or if the neces- sity for their absenting themselves is so urgent that it is impossible for them to apply for leave in time. In such cases they must leave a suitable substitute, for whose actions they will be responsible. There is no fixed limit to the period during which Elective Consuls may thus be absent from their posts without leave, it being assumed that Elective Consular Officers will not protract their absence unnecessarily or to the detriment of the service. If a more protracted absence is contemplated, the Elective Consular Officer must request permission from his superior State Officer, accompanying the request with a recommendation of a suitable Deputy. In all cases, therefore, of the absence of an Elective Consular Officer, the steps taken to supply a suitable Deputy must be notified to the proper State Officer. The absent official is also required to arrange that all communications and instructions from his superior officers shall reach him — even during his absence from his official residence. State Consular Officers are under the obhgation to apply to the Embassy or Legation to which they are subordinate, for leave of absence. Apart from such application, they are bound to inform the First Department of the Russian ^Ministry of Foreign Affairs each time they leave their place of residence, and of their return to it. The following form upon a postcard must be used in the Russian language : — ^ See " Consular Rights and Privileges," Part I., Chapter 7. * Cons. Reg., Art. 6. §13. 12 LEAVE OF ABSENCE. P. I., Ch. v. Date. Town. Name, surname, function. Returned, or left date place of office On leave of absence, or, by commission for carrying out function. Signature. §14. Retirement of Consular Ofl&cers. §15. Protocols on Retirement oi Consular Officer. CHAPTER VI. — Retirement or Decease of Consular Officers. When a Russian State or Elective Consular Officer gives up his post for the purpose of retiring or changing his service, or if he be dis- charged, he must deliver in good order to his successor : the seals of the Consulate ; all the Consular books and registers ; all moneys and valuables deposited in his care, and all papers relating to the service. The retiring Consular Officer, and the person who succeeds him, must draw up a protocol containing a detailed inventory of all the articles transferred, using the following form : — • In the year on the we, the undersigned X and Y have drawn up this protocol, to the effect that the former has handed over and the latter received all the property, papers and effects of the Imperial Russian (Vice) Consulate at Z, viz. : — 1. The archives, consisting of 2. Two official seals. The Archives, Books and Publications which have to be handed over, must be specially mentioned in the protocol, and it must be stated to what years the archives refer. The property kept at the Consulate on deposit must also be mentioned with minutest detail. If, when handing over the books, registers, all documents and letters concerning the different cases, any irregularities be found, special mention of the fact must be made in the protocol. Both the person who hands over, and the person who receives the affairs of the Con- sulate, are responsible for the correct form to be observed in the drawing up of the protocol.^ It is further desirable that the retiring officer should state expressly in the protocol that- — as far as he knows — no papers, money, effects or any other thing constituting the property of the Consular office remain in his possession. Three copies must be made of the protocol, and the original must be signed by both the parties. Of the copies, one remains in the archives of the Consulate, a second one may be taken by the retiring Consular Officer, and the third must be sent to the I. Department of the Russian Ministry of Foreign Affairs. If 1 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 1st November 1912, No. 13,030. §§ 14, 15. p. I., Ch. VI. RETIREMENT, &c., OF CONSULAR OFFICERS. 13 the retiring Consular Officer is Elective, the third copy of the protocol must be sent to the State Consul to whom he is subordinate.^ In the event of the death of a Russian Elective Consular Officer, § 16. the State Consul to whom he was subordinate must be advised of ^e**^ 0^ the death with as little delay as possible ; he will arrange for an Officer, inventory to be taken of all the effects belonging to the Consular Office, and will, if he is unable to attend to the matter himself, authorise a responsible person to do so. The deceased officer's suc- cessor must draw up a protocol and proceed, generally, as in a case of retirement of a Consular Officer. On the death of an Elective Consular Officer or State Consul, the Legation to whom he is subordinate must be advised of the event, and must take all necessary steps for safeguarding the seals and archives of the Consular Office. The Acting Consul, or person empowered to do so by the State Consul or Legation, must make an inventory of the property belonging to the Consular Office, and a statement of the Consular accounts. A copy of the inventory and of the cash account must be sent to the State Consul of the Legation of the District. Necessary steps must also be taken to secure the personal property of the deceased. If the local laws do not admit of the intervention of the Acting Consul in the affairs of the deceased officer, and if there are no special treaties regulating the matter, the local authorities must proceed with the case. On the appointment of a Consular Officer in place of the deceased, he must proceed as in the case of retirement of a Consul. CHAPTER VII. — Rights and Privileges. The Rights and Privileges enjoyed by Consuls are of two kinds : those relating to the person of the Consular Officer, and those relat- ing to the Consular Office. The latter are dealt \\dth under the various heads in other chapters, the subject of the present one being the Personal Rights and Privileges of the Consular Officer. It has long been a point of international custom to accord to ^^''j Consular Officers, in their official capacity, certain privileges to which prhrileges of other foreigners are not entitled. State Consuls, by international Consular courtesy, are, for instance, free from all direct duties : such as income- Oncers, tax, &c. A recapitulation of the privileges ordinarily accorded to Consular Officers without special treaty, \\'ill be found in Calvo : " Droit International," 4 Edition, V. 3, p. 235, et seq. It must, however, be borne in mind that in the absence of treaties between the States concerned, and of corresponding legal enactments within the States where the Consuls reside, there can be no question of actual right to such concessions. Russian Consular officials are invited to report to the Russian Ministry of Foreign Affairs, without delay, ^ Circular ot the I. Department of the Russian Ministr/ of Foreign Affairs of 23rd November 191 3, No. 12,800. §§ 16, 17. 14 RIGHTS' AND PRIVILEGES. P. I., Ch. VII. Privileges of Foreign Consuls in Russia. §18. In France, Germany, Italy and Spain. any case of denial of those Consular privileges that are usually granted by international courtesy, in order that the Consular representatives, in Russia, of the State concerned, may be dealt with on terms of reciprocity. The acts and the signature of a Consular Officer do not require attestation or approval of a local authority and must be recognised as valid in all cases when a Consul is fulfilling his official duties on the strength of his " Exequator," or official recognition, otherwise and when he is carrying out the requirements of the local law or of a treaty concluded by the State in which he resides, with the State of his nationality. In all other cases the Consular Officer is not exempt from the necessity of observing the local law, as he is in the position of a private individual. As an instance, the following case may be quoted. The Russian Consul-General in London applied to the local authorities to be appointed trustee to a feeble-minded helpless Russian lady who had injured her spine, and could not leave London. Her property had to be looked after. The Consul was appointed by the English authorities as trustee to this lady, under the condition that he would comply with the provisions of the English law, and give an account of his administration of the property to the English authorities, although he was a Russian official acting in the interests of a Russian lady. In Russia, according to the rules issued by the Russian Minister for Home Affairs of 8th March 1911, State Consular Officers, their secretaries and other persons belonging to the Staff of the Consulates, as members of the Civil Service of that State which appointed them, are exempt from military quartering and from military service, from direct and personal taxation, from taxes on personal estates and on articles of luxury, whether Government, municipal or local. This privilege does not take place if the persons mentioned above own real estate or are engaged in trade or industry. In such cases their legal position does not differ from that of private persons. State Consuls cannot be arrested or put in prison, except for actions which come under the jurisdiction of a law court with a jury. If State Consuls are engaged in trade, they are subject to be arrested only for matters concerning their trade, but not in conjunction with civil actions. The Consular archives enjoy inviolability, provided that they are kept apart from any private correspondence. State Consuls and their families and the State translators of State Consuls, may live in the Empire, and leave it on the strength of their national passport. Since there is no necessity to provide themselves with a Russian passport when leaving the Empire, there is no necessity to obtain from the poHce a vise stating that there is nothing against their leaving Russia. The Rights and Privileges of Consular Officers were definitely fixed by Russia in her Consular Conventions concluded with France on the 20th March/ist April 1874, with Germany on the 26th Novem- ber/8th December 1874, with Italy on the i6th/28th April 1875, and with Spain on the iith/23rd February 1876. In these identical conventions the privileges of State and Elective Consuls are stated as follows : — 17, 18. p. I., Ch. VII. RIGHTS AND PRIVILEGES. 15 (rt) State Consuls (not Elective Consuls) can neither be arrested § 19 nor put in prison except for deeds which, according to local law, are Exemption triable by jury. If required to give evidence in courts of law, they from arrest. must be invited to attend by an official letter from the local tribunals and not by the customar;^^ summons to appear on pain of punish- ment ; and they may excuse themselves, on the ground of Consular business, from such attendance in civil causes, in which case the local authorities must send to the Consul to take his verbal deposition, or to have the same reduced to writing. (Arts, i and 2.) Russian State Consuls in Austria are also accorded the above privilege.^ Russian Elective Consular Officers who are engaged in trade, are liable to arrest for commercial insolvency, but not for other debts. (b) The archives of Russian Consular Officers are exempt from the ^ 20, power of the local authorities, who cannot, upon any pretext, either ^lity of seize or inspect them. Consular Officers engaged in Commercial Consular enterprises must keep all papers and documents relating to their archives, official duties separate from those relating to their commercial affairs. (Art. 5.) (c) Russian Consular Officers are bound to exhibit, over the outer § 21. entrance of their office, an escutcheon with the arms of the Russian Es^ut^heon Empire and an inscription in the Russian language. For the sake of Con- of convenience. Consular Officers may use an inscription in a foreign sulate. language besides, for instance : " Imperial Russian Consulate," or, " Vice-Consulate," or " Consular Agency," as the case may be, ac- cording to the rank of the particular Consular Officer, These directions must be written upon a special signboard.^ The primary object of this sign, as the Consular Conventions expressly state, is to enable seamen and other Russian subjects to recognise the office of the Consul of their country. (Art. 4.) It does not grant any right of asylum, and Consuls are not at liberty, under any circumstances, to convert their official residence into a house of refuge for criminals ; nor are they permitted to refuse information to the local authorities, when required to do so, as to whether a criminal who is wanted by such authorities is in the house or not. Consuls in seaports are permitted, further, to hoist the Consular flag either on the house they occupy or on a separate flag-staff and, when in the course of their duties at the harbour or port they have occasion to employ a rowing-boat, they may hoist such flag at the prow thereof. (Art. 4.) The Russian national flag is white, blue and red, in three hori- zontal stripes beginning from the top. In the ports where the Consuls reside they are allowed to hoist at the prow of rowing boats the same flag, but showing on a white field in the upper corner near the flagstaff a blue anchor with the anchor ring towards the top.^* The Russian flag must be hoisted on Russian as well as on local national holidays. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of the i6th November 1894, No. 8870. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 22nd November 1913, No. 12,800. ^ Circular of the I. Department of the Russian Ministrj- of Foreign Affairs of 31st December 1S96 ; and Cons. Reg., Art. 15, §§ 19, 20, 21. i6 RIGHTS AND PRIVILEGES. P. I., Ch. vii. Russian National holidays. Privileges of foreign diplomatists in Russia. The Russian national holidays are : — 23rd April, old style, 6th May, new style. The Name Day of Her Majesty the Empress Alexandra Feodorovna. 6th May, old style, 19th May, new style. Birthday of His Majesty the Emperor Nicolas Alexandrovitch. 14th May, old style, 27th May, new style. Coronation Day of His Majesty the Emperor Nicolas Alexandrovitch and His Consort the Empress Alexandra Feodorovna. 25th May, old style, 7th June, new style. Birthday of Her Majesty the Empress Alexandra Feodorovna. 22nd July, old style, 4th August, new style. Name Day of Her Majesty the Empress Marie Feodorovna. 30th July, old style, 12th August, new style. Birthday of His Imperial Highness the Cesarevitch and Heir Apparent to the Throne Grand Duke Alexis Nicolaevitch. 2ist October, old style, 3rd November, new style. Accession to the Throne of His Majesty the Emperor Nicolas Alexandrovitch. 14th November, old style, 27th November, new style. Birthday of Her Majesty the Empress Marie Feodorovna. 6th December, old style, 19th December, new style. Name Day of His Majesty the Emperor Nicolas Alexandrovitch. According to Art. 15 of the Russian Consular Regulations the Consular flag may only be hoisted on rowing boats and in ports where the Consul has his permanent residence. From this it appears that Consular Officers are not entitled to hoist the flag in ports where they only reside temporarily. The article in question further permits them to hoist the flag, if the local authorities have no objection, on the houses where they reside. If, therefore, at the place of residence of the Consular Officer it is not the custom to hoist Consular flags on houses, he must refrain from doing so. {d) Russian State Consuls (not Elective Consuls) are exempted from any obligation to furnish quarters for the mihtary or to pay military contributions, and are free from payment of house duty and direct taxes on personal estate and luxuries imposed by the State or the local communal authorities, unless they possess real estate in the country. In such case they pay the usual taxes as private persons as far as such real estate is concerned, and are subject to the same legal procedure as the landowners who are natives of the country, i.e., they must pay all taxes which are borne by native landowners on the property they own. (Art. 2.) The privileges accorded to State Consuls do not extend to Customs duties, duties on food-stuffs and indirect taxes in general. Thus, in Russia, for instance, the Consular represen- tatives of foreign powers are not accorded the privilege of exemption from Customs duties which is mentioned in Arts. 740-751 of the Russian Customs Regulations (Svod Zakanov, vol. VI., edition 1904), and which is granted to foreign " diplomatists " serving in Russia. They are en- titled only to the reduction of Customs duties mentioned in Art. 724 of the Customs Regulations, which is hkewise accorded to all foreigners coming to Russia for permanent residence, and to Russian subjects re- turning to the country after a residence abroad of two years and more.^ 1 See Reduction and Exemption from Customs Duty, Part IX., Chapter II. 21. p. I., Ch. VII. RIGHTS AND PRIVILEGES. 17 (e) Consuls have the right, in the exercise of the powers which § 22. are conferred on them, to address to the authorities of their Consular p°o|.gsts'^ district protests against infractions of treaties or conventions existing against between Russia and the State in which they reside, and against any i^^ction abuse or injustice to which the State they represent may have been subjected. If their claim be ignored or denied by the authorities concerned, they may have recourse, in the absence of a diplomatic official of their own country, to the Government of the State in which they reside. (Art. 8.) There can be no doubt, therefore, that in cases of this nature Consular Officers are entitled to enter their protests directly, either in the courts of law or with the responsible State officials, and do not need to follow the customary modes of procedure or to be represented by lawyers or attorneys as is obligatory for private persons. In the writer's own practice at the Russian Consulate- General at Berlin, he frequently had occasion to emphasise this fact against the improper interpretation of the Consular Convention in certain courts of that city. Even a German authority like Konig (" Handbuch des Deutschen Konsularwesens," Berlin, 1896, page 28) emphatically maintains the same opinion. It is obvious, therefore, that the Consul in the course of his official duties has the right to maintain his official character even in courts of law or before the organs of administration. By the complementary convention of the I5th/28th July 1904, to the Treaty concluded between Russia and Germany on the loth February 1894, the rights and privileges of Russian Consular Officers in the latter country have been extended to the agents of the Russian Ministry of Finance and their secretaries. (/) The Consul must be notified by the local authorities whenever ^ 23. the police or Custom-house officers intend to visit a Russian ship, in Notification order that he may have the opportunity of being present. (Art. 10.) j^^^j autho- In Great Britain the Rights and Privileges enjoyed by Russian rities of pro- Consular Officers rest on the Convention of Commerce and Navigation inspection concluded between Russia and Great Britain on the 31st December/ to ship. I3th January 1858-59, according to which the Russian Consuls- §24. General, Consuls, Vice-Consuls and Consular Agents, who have been p^^^g^gg duly recognised in their official capacity by the British Government, jq Great enjoy all the privileges, exemptions and immunities, which are accorded Britain, or will be accorded to Consuls of the most-favoured nation. (Art. 15.) A similar clause is contained in the Treaties of Commerce and ^^ Austria Navigation concluded by Russia with Austria on the 2nd/i5th pgru. U.S.A., February 1906 (Art. 22) ; with Peru on the 4th/i6th May 1874 Japan, (Art. 20) ; with the U.S. of N. America on the 6th/i8th December and^Bgig^^ 1833 (Art. 8) ; with Japan on the 27th May 1895 (Art. 15) ; with Switzerland on the I4th/26th December 1872 (Art. 8) ; and with Belgium on the 28th May/9th June 1858 (Art. 17). In the two latter treaties there is the following identical restriction (Art. 9 of the treaty with Switzerland and Art. 18 of the treaty with Belgium) : " It is " specially understood that if Russia chooses to nominate as her Consul " in a port or commercial city of Belgium (Switzerland), a Belgian " (Swiss) subject, he will be regarded as a Belgian (Swiss) subject '' notwithstanding his office as Consul of a foreign countrv. He will nS^ 22, 23, 24, B 25. i8 RIGHTS AND PRIVILEGES. P. I., Ch. VII. §26. In the Nether- lands. §27. In Greece. §28. Consular rank and precedence. §29. Associations of Consuls. §30. Doyen of Consuls. §§ 26, 27, 28, 29.30. " therefore be subject to the laws of the country, without prejudice " to the performance of his Consular duties or to the inviolability of " the Consular archives." Similar stipulations are provided in the Treaty of Commerce and Navigation concluded between Russia and the Netherlands on the ist/i3th September 1846 (Art. 14), and in the protocol of the Treaty of Commerce and Navigation concluded between Russia and Greece on the 12th June 1850. The latter treaty contains (Art. 8) the following statement : "As long as the Exequatur is not withdrawn " from a person fulfilling a Consular Office, he is not liable to arrest." Consuls are not entitled to special honours in Christian countries. It is not customary for them to be presented to the Sovereign of the country in which they are officially resident : at some courts, indeed, this is precluded. As regards the question of precedence and other formalities in the case of public festivities, the Consuls must conform to local usage. They may not claim any honour which is not accorded to Consuls by local custom. As regards the question of rank of the Consuls of various powers, these are now universally decided on the principles, adopted with respect to diplomatic agents at the Vienna Congress of 1815, according to which the Consuls are ranged in the order of their Consular rank, i.e., first the Consuls-General, then the Consuls, and lastly the Vice- Consuls. The order of precedence of the individuals in the various classes is determined by seniority of service. The British " General Instructions" state under this head that: "Consular Officers will " take rank in their respective grades amongst their colleagues at the " port of their residence in conformity with the rules prescribed by " the Congress of Vienna for diplomatic agents," viz. : Seniority according to official title and to priority of recognition. Consuls- General who are, in addition, " Agents," " Political Agents," " Com- missioners," &c., have no right of precedence of the Consuls-General of other States who have not similar titles. At assemblages of all the Consuls resident at any given place, the "doyen" of the Consular body presides. He is also entitled to summon such meetings of the Consular body, but he cannot force anyone to make monetary pay- ments. In order to collect money for the entertainment of the local authorities, and for subscribing to charitable funds on behalf of Con- sular Officers in certain places, as, for instance, in London, voluntary Consular associations have been formed. No Consul is obliged to join these Associations and to pay the fee for the annual membership. Those who join, partake in the social entertainments arranged by the Consular Association and oblige themselves to observe its rules and regulations. The question whether only a State Consul may be the doyen at assemblages composed of both State and Elective Consuls is decided by local usage. It has often been considered permissible to acknow- ledge an Elective Consular official as the doyen of a Consular body. Whether this could be objected to is debatable. It must, however, be admitted, that it is preferable for the doyen to be a State Consul, for the following reasons : under the existing Consular Conventions, a State Consul has more rights and privileges than an Elective Consul ; p. I., Ch. VII. RIGHTS AND PRIVILEGES. 19 in his position as a foreigner, he is more independent of the local authorities ; from his education and training he is better qualified to decide upon the duties and rights of Consuls, and, finally, his office is not, as in the case of an Elective Consul, a secondary profession, but forms the principal occupation of his life. For the honours accorded to Consuls when visiting vessels belonging to the Russian Imperial Navy, see Part VII. Commercial vessels hoist the national flag when visited by a Consular Officer. If a Consular Convention contains tlie clause that Russian Consuls ,, _, § ^■^• Most- are to enjoy all the privileges and exemptions accorded to officials favoured of the same rank belonging to the most-favoured nation (most-favoured nation nation clause), Russian Consuls may claim the more extensive privi- f^ co^g 1^^ leges and immunities accorded to the Consular Officers of other nations, privileges, provided the Consuls of the State in question are accorded similar rights in Russia. Russian Consuls must, therefore, ascertain before- hand that reciprocity is accorded by Russia. As to the jurisdiction to which State Consuls are subject, they ^ 32. retain the legal domicile, which they had in their native State, so donScile that State Consuls belong to two jurisdictions : that of their residence of Consuls, abroad and that of the domicile which they have in their native State. If State Consuls reside in a country where Consular jurisdiction exists and where Russian subjects are exempt from the local jurisdiction (as for instance in Turkey), the Consul himself is subordinate to the Consular jurisdiction ; but as he himself is prevented from exercising this jurisdiction in his own private affairs [judex in propria causa), the Deputj'-Consul or another Consul is, in such cases, competent to act as judge. Russian Consular Officers in Turkey and other non-Christian „ ^ ^^' . States, where Russian subjects are not subject to the local law-courts, ality oi enjoy various extensive privileges, immunities and advantages classed Consuls, under the term of exterritoriality. In these countries there are no Elective Consular Officers. CHAPTER VIII. — Consular Officers and Local Authorities. The assistance and co-operation of the local authorities is indis- ^ 34. pensable for the satisfactory and prompt performance of many Con- .°^*' autho- sular duties, and the value of the assistance rendered by the Consular Consular Officer to Russian subjects is largely dependent on the goodwill of Officers, the public officers to whom he is obUged to apply. It is highly important, therefore, that Consular Officers should endeavour to maintain the very best relations with the authorities. A Consular Officer should not, for instance, neglect local customs and usages in his business relations. He should accept all invitations to participate in local festivities of a national character and, if local custom requires §^ 31, 32, 33. 34. 20 CONSULAR OFFICERS, &c. P. i., Ch. viii. it, he should, on such occasions, hoist his flag and illuminate the Consulate. If, however, his participation in such festivities appear inexpedient for reasons of an altogether special character : e.g., if there should be reason to believe that by doing so the Consul would be likely to convey a wrong impression as to the views or intentions of his Government ; he should decline the invitation in courteous terms. Russian Consular Officers should also refrain from participa- tion in any demonstrations directed against the local Government or authorities and from expressions of sympathy with any political party. This attitude of reserve, which is indispensable from the nature of the Consular calling, will also preclude their taking part in collective manifestations, even though not of a political nature, since their doing so, from the collective form of the demonstration and the mutual agreement implied, might be considered to impose certain responsibilities on the Russian Government. In any such cases they should first request special instructions from their superiors. If at any time the local authorities should show themselves dis- satisfied or aggrieved in consequence of some action on the part of a Russian Consular Officer, the latter should spare no effort to clear up the misunderstanding and to make sure that it does not occur again. At the same time he must be very careful not in any way to lower his own dignity or that of his office. He must defend the rights of his office and those of Russian subjects, and must take especial care to prevent any injury to the interest- of the trade or shipping of the Russian Empire. He should, if the matter has not been regulated by special State treaties, point out to those concerned the community of interests of the two countries and, by a careful and exhaustive study of the special circumstances, be able to prove to the local authorities that, in accepting his representations, they will be promoting the interests of their own country. All requests addressed to the authorities of the country where the Consul resides must be couched in strictly moderate language. Un- civil or offensive expressions generally do more harm than good and, even in cases of difference of opinion, the form of expression should be in accord with the dignity attaching to Government matters. If the Consul is unable to obtain satisfaction from the local authorities and considers that the interests of the country he repre- sents or those of his countrymen are endangered, he should report the matter to his immediate superior, i.e., the State Consul or the Legation or Embassy. Consular Officers are prohibited from addressing themselves directly to the Central Authorities of the country. Consular Officers are, further, not permitted, without special instructions to that effect, to break off their relations with the local authorities. Pending instructions, Consular Officers must refrain from all outward manifestations of their conduct with the authorities, and if, under such circumstances, they fail to receive adequate pro- tection from attacks either upon their persons or office (arms and flag) they must act as best they can under the circumstances, doing all in their power to avoid a public scandal. §34. 21 CHAPTER IX. — Inspection of Elective and State Consulates. Whenever the interests of the service require it, and at least every § 35. three years, the State Consuls should inspect the Consulates in their q°^cq^s°° districts. They should examine the affairs of the Elective Con- lates. sulates subordinate to them and draw the attention of the Consular Officers ro any measures that should, in their opinion, be taken or be recommended to the Government, for the furtherance of the interests of Russian Trade and Shipping. State Consuls in their turn are inspected, as often as the Ministry of Foreign Affairs con- siders necessary, by special State employees, sent by the Ministry for that purpose.^ The object of the Consular revision is* : — 1. To make sure of the satisfactory organisation of the Consular Office. 2. To check the regular working order of the Consular Office. 3. To control the work of the staff of the Consular Office in respect of local requirements of the Consular Service. 4. To audit the books and cash. The inspecting officer has the right to demand that all the books kept at the Consular Office be shown to him and that access be given to him to the archives and to the affairs in abeyance. He is em- powered to audit the books, banking accounts and the money in hand together with the chief of the Consular Office or his representative, and has the right to be present in all the rooms of the Consular Office during office hours when the pubUc is received. The staff of the Consular Office is under the obligation to assist the inspecting officer by giving him all possible explanations and information on all ques- tions put by him. The inspecting officer is, however, not allowed to interfere with the current business and with the explanations given in Consular offices, but in case he finds some irregularities in the way the Consular business is performed he may draw the attention of the chief of the Consular Office to it. If the latter does not concur with the opinion of the inspecting officer, he has the right to demand that such differences be mentioned in the protocol of the revision. The inspecting officer has to report to the Ministry of Foreign Affairs all cases in which he deems it necessary to express himself in favour of the removal of the head of the office or any of his subordinates. Should any person belonging to the staff of the Consulate counteract the inspection, it is necessary for the inspecting officer to imme- diately report the matter to the Ministr}' of Foreign Affairs. The results of the inspection are to be incorporated in a protocol signed by the inspecting officer, the head of the Consular Office, and also by the persons whose actions are criticised therein. In case of refusal to sign the protocol, the inspecting officer must make an annotation about it on the protocol, stating the reasons for the refusal, and the annotation must be signed by the inspecting officer and the person ^ Cons. Regulations, Ed. 1903, Section II. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 1st December 1912, No. 14,420. §35. 22 INSPECTION OF CONSULATES. P. i., Ch. ix. who declined to sign the protocol. The protocol of the inspection and general report about it are presented by the inspecting officer to the Minister of Foreign Affairs as soon as possible after the inspection is finished. A record of the same must remain at the Consular Office to serve as a guidance for the next inspection. The inspection refers to : — 1. Consular Office. — Is it situated in a part of the town which is sufficiently accessible to business men, sailors, and particularly to Russian subjects ? Is the office separate from the private apart- ments of the head of the office or from the other persons of the staff ? Has that office an installation which assures a satisfactory dealing with Consular business, and does it compare favourablv with the Consular offices of other Powers on the spot ? If not, what recom- mendations can be made for the better, and what would be the expense of same ? 2. Inventory of the Office. — Is it sufficient, and whether additional inventory is necessary, and what would be the price of same ? Who has bought it or added to it ? Are books of inventory or lists kept ? Is there on the house in which the Consulate is situated an inscription in the Russian language at the entrance and a shield which facilitates finding the Consulate easily ? Is the place of residence of the Consular Officer in the town or near the town where the office is situated, or does he live far away ? 3. Archives. — The way and where they are kept ? Who is super- intending it, and does the order maintained allow of papers and documents being referred to easily ? Are the books for the registra- tion of the official correspondence and the alphabetical registers kept in order ? Are copies of legalised documents kept ? 4. Office Hours. — What are they ? Do they correspond to the requirements of the service ? Does the office work finish at the time of closing the office ? In what way is provision made for satisf^dng requirements of the public after office hours ? 5. The Consular Staff. — Is the number of Official and non-Official members of the Consular Staff sufficient ? Are they competent as to experience, knowledge, and personal qualities to perform their duties satisfactorily ? Recommendations in respect of changes or increase of the staff, showing the expenses required to be incurred for same. 6. Distribution of Work. — Who opens the correspondence ? Who receives the public ? Who performs the various Consular duties ? Can the chief of the ofiice be seen by the public during office hours, and who takes his place when, during his absence, the public want to be received by him ? Who signs the passports, vises and docu- ments ? Who makes inventories of estates left by deceased persons ? Who is present at examinations of different description ? Does the Consular Officer carry on the Consular business himself, or does he instruct those duties to a clerk, acting more or less independently ? Does he attend tlie ofiice regularly, or is he the greater part of the year absent ? 7. Accountability.- — Who receives the money paid in as Consular fees and other sums of money received by post, from the banks or over the counter, and who signs the receipts thereof ? How long do these sums remain in the keeping of some of the staff before they §35. p. I., Ch. IX. INSPECTION OF CONSULATES. 23 are handed over to the chief of the office ? In what way does the head of the office keep his accounts with these people ? How long do these sums remain at the office before they are paid into the bank ? What books are kept for the registration of these sums, by whom are they kept, and are they in order ? Who does draw up the reports referring to the different sums ? Who checks the cash in hand and how often is it done ? Balance sheet on the date of inspection ? In what way are the advance credits accorded to the Consulate drawn ? Have there been cases when the Consular fees were not correctly levied in conformity with the Consular fees and the official parity of Russian roubles and foreign coinage ? Is the Consular Tariff ex- hibited in the office in a way that the public has easy access to it ? Under what bank accounts are kept the different sums of money of the Consulate ? In w'hat banks has the Consulate separate accounts ? Are the different deposits and sums of money belonging to the estates left by deceased kept under separate accounts or under one common account ? What is the view of the inspecting officer about the matter coming under the head of the last foregoing three questions ? 8. Passports.- — Passports come under the competency of Elective Consular Officers only as to the vise of Russian passports for going abroad. The inspection of Elective Consular Officers as to passports is limited only in ascertaining whether such vises are registered and paid for in accordance with existing regulations, 9. Documents. — Who is entrusted with the attestation of docu- ments ? Are the books for the registration of documents kept in accordance with the Regulations ? \\'hat is the wording of the attestations used on different sorts of documents ? Are copies of documents drawn up or attested kept at the archives ? Are such copies made at the Consulate, and what is the charge for same ? \Mio takes the charge for such copies ? Has the chief of the office fixed a tariff of charges for copies to be made or documents to be drawn up outside Consular charges ? Are explanations required as to the different articles of the Consular Tariff to be supplied ? 10. Monetary Help.- — Who is entrusted with giving monetary help ? In what form and to what extent is monetary help given ? Under what conditions is monetary help given ? To what place on their way to Russia are the persons sent who are repatriated at the expense of the Government ? 11. Relation to the Local Authorities. — Nature of such relations personal and by correspondence ? What language is used ? W ho is drafting documents in foreign languages ? How far is the drafting of official documents of the Consular Office in its wording near to analogous documents by local authorities ? Is the social position and business reputation of the Consular Officer unblemished ? 12. Commercial Intelligence. — In what way is commercial intelli- gence carried on — by personal intercourse and correspondence ? 13. Commissions of the Rtisstan Government. — The number of same, and in what way are they carried out ? Are there an}- expenses incurred, and in what way are they refunded ? 14. Reference Books and so forth. — Are sufficient reference books kept at the Consulate, and is it desirable to assign sums of money for the same ? §35. 24 INSPECTION OF CONSULATES. P. i., Ch. ix. 15. Assistance to Russian Subjects and their Defence. — The number of applications, showing separately, workmen, fishermen, raftsmen, and students. 16. Mercantile Shipping.- — Cases of changes of crew lists, of wrecks and damage to ships, sea protests (bottomry, sale of ships, and flag patents are dealt with by State Consular Officers only). Examina- tions of complaints between the captains and their subordinates. Deserters. Sick sailors, sending them home. Expenses to that effect and the way such expenses are refunded. Difficulties arising in practical Consular service. 17. Assistance to War Vessels.— D&s>exiQ.xs, sick sailors, repatriation of same, expenses and refunding of same. Difficulties arising in practical Consular service. 18. Assistance in the Extradition of Criminals.- — Ordinary practice. Expenses and refunding of same. Difficulties arising in practical Consular service. 19. Consular Stamps. — Are the Consular Stamps used and accounted for properly ? 20. Secret and Confidential Matters.- — The way the same are treated at the Consular Office. 21. Consular Arms and Official Seal. — Does the escutcheon affixed at the outer entrance of the Consulate bear the Russian inscription of that office ? Is an Official Seal with the Russian letters used in the office ? §36. Commis- sions irom the Govern- ment. CHAPTER X. — Commissions from Government. Consular Officers are frequently entrusted by the Government, whose Agents they are, with special commissions : such as the making of particular inquiries ; the supplying of information on various matters ; the delivery of communications to persons residing within their Consular districts ; the serving of summonses issued by Russian courts of law, &c. &c. In the latter case, it often happens that the person to whom the summons is issued refuses to accept it. In such cases a written statement should be obtained from the person or firm in question, to the effect that acceptance of the summons is dechned, and be sent to the State Consul of the district as a voucher that the commission has been duly executed. The Consular Officer should, at the same time, explain to such person or firm that the refusal to accept and acknowledge the receipt of a summons can in no way alter the course of justice, while, on the other hand, such refusal may result in the person summoned being dealt with by the court as in coniumacia. It is, therefore, plainly in the interests of such person to receive and sign the summons and to empower an attorney to defend his interests before the courts in Russia. Direct communication by post with the persons summoned is not recommended, as they frequently refuse to give the vouchers required of them or even to return the documents. If such persons §36. p. I.. Cii. X. COMMISSIONS FROM GOVERNMENT. 25 are not local residents, the Consular Officer is recommended to apply- to the poHce of their place of residence, requesting them to make the necessary communication, or to hand over the document in ques- tion against a voucher signed by the recipient, which voucher must be sent to the State Consul. CHAPTER XL— Archives and Office. The Consular archives must be arranged in accordance with a system § 37. that will allow of easy reference, and the plan of filing under the follow- ing heads is recommended : — I. Accounts and reports as to Consular fees. II. Personal staff and economic matters of the Consulate. III. Circulars and General Instructions from the Government. IV. Purchase and Sale of Ships ; Flag Patents. V. Shipwrecks ; Damages to Vessels ; Repatriation of Russian Sailors and accounts relating to outlays incurred in such cases. VI. Other Matters relating to Russian Ships and their Crews. VII. Special Reports as to Trade and other matters. VIII. Annual Reports on Trade and Shipping. IX. Sundries. X. Legalisation of Documents. XI. Copies of Legalised Documents. XII. Passports and Visas of same. XIII. Commissions and Enquiries from the Russian Government. XIV. Commissions and Enquiries from Private Persons. XV. Epidemics. XVI. Consular Reports Edited by the Ministry of Finance. (Only for State Consuls.) The books required to be kept in the Consulates^ are as follows : — § 38. I. Book No. I., for the registration of the official correspondence, ^qq^I^^'" must be kept in such a manner as to allow of the progress and present keeping position of any matter of Consular business being ascertained promptly and filing and without difficulty. The following form is recommended : — I. Current Number. Date. 3- From whom received or to whom sent. 4- Abstract of Contents of Letter. 5- Current Number of previous or lator letters in the same .\fiair. 6. Number of File. I I June From Mr. X. - Enquiry re prices of coal. 3 XIV. 2 2 June To the Consul at Newcastle- on-Tyne. Sending documents in order to obtain flag patent for ship"ROSSIJA." 4 IV. ^ Forms and books with headings in the Russian language may be obtained from Messrs. Friedrich Kahn & Co., 21 Cronsverkskaja oulitsa, Petrograd. The order should be placed not later than on the ist July (old style) for forms and books to be used in the following year. §§ 37, 38. 26 ARCHIVES AND OFFICE. P. I., Ch. XI. 3 3 June To Mr. X. Re coal prices I XIV. 4 3 June From the Consul at Newcastle- on-Tyne. Enclosing flag patent for ship " ROSSIJA." 2 5 IV. 5 4 June To do. Returning receipt, signed by Cap- tain, for flag patent, ship "ROSSIJA." 4 IV. The above shows the method of making the entries. Letters received are entered in black ink, while those sent are recorded in ordinary red ink. In the example given above, the entry at No. 3 is to the effect that the Consular Officer has sent to the State Consul at Newcastle, the documents necessary in order to obtain a flag patent for the ship " Rossija," and column 5 contains the number 4, which is the current number of the answer received from the Consul at Newcastle, and is inserted when the answer is entered in the book ; a cross-reference in the same column at number 4, pointing back to the original letter. No. 2. Column 5 at No. 4, further contains the index number 5, which is the next and final letter in the affair, as the delivery by the Captain of a signed undertaking to report himself at a Russian port with 12 months after receipt of the pro- visional flag patent is the last stage in such a transaction. In this instance there are only three numbers, but it frequently happens that particular cases involve considerable correspondence : by the system here recommended, the progress and present position of any affair may be traced by referring to the numbers in column 5. As soon as a matter is disposed of it is filed and the file is indicated by a Roman figure in column 6. In the case of the provisional flag patent, the correspondence is filed under No. IV., viz., " Purchase and Sale of Ships ; Flag Patents." Another simpler and more efficient method of filing and registering the official correspondence is with the aid of a card index (" Stolzenberg " or " Shannon ") to be used in conjunction with the correspondence book No. i. The card index consists of 500 to 800 cards 4^ in. by 61V in. conveniently placed in a special drawer. Each card is divided into 5 columns : one for the current number of the letter ; one for the date ; one for the name of the sender or addressee ; one to contain a brief abstract of the contents of the letter, and one in which is shown the number of the file to which the letter belongs. The top of each card, moreover, is reserved for the index title of the card to which it relates. The cards are arranged alphabetically in the drawer according to the index title. Various methods of writing the index titles may be adopted, according to convenience or special requirements. For instance, at the Consulate General in London the cards relating to affairs in file II. [see first part of present chapter) bear as index titles the names of the persons to whom the specific cases refer, those relating to affairs in file IV., V., VI. — the names of the ships or persons concerned, while those relating to other files are inscribed with the number of the particular file. §38. p. I., Ch. XI. ARCHIVES AND OFFICE. 27 Every letter received or sent is recorded on the proper card, a second card bearing the same index title being commenced as soon as one is full, and so forth. As it often happens that letters are received which merely give the date and current number of an earlier letter from the Consulate, while the index cards, as explained, are kept in alphabetical order according to the index titles, it is necessary to have a book for the registration in consecutiv^e order of all corres- pondence as it comes in or goes out of the office. For this purpose a book having three columns for entries is used. The first column is for the current number, the second one for the date, and the third for the index title. The advantages of this system of registration consist in its general simplicity, its adaptability to every possible requirement of the Consular service, the facility which it affords of easy reference to earlier cases, and convenience of supervision. Each card contains, so to speak, a history of the case to which it relates, mentioning all letters whether received or sent in that case. At the end of the year the card index and book are closed and transferred to the archives and a new set opened, and so forth. It is, however, possible to retain the same index and book for a number of years. 2. Book No. II. is intended for the registration of the various documents or Consular acts legalised, attested or carried out at the Consulate, such as : Certificates of Origin, Bills of Health, Invoices, &c., and in general every attestation that may be made by the par- ticular Consular Officer. The following plan is to be observed for this book : — I. 2. 3- 4- 5- 6. Signature of Amount of Contents of Who issued person who Current Date. Fee in the Deed or the received the Number. Local Currency. Document. Document. Document or Date when posted. At State Consulates a special book No. 11.^ must be kept for the records of all passports given out. For this book the following form must be observed : — On the strength In what Custom of what Passport House of the for travelling Russian Frontier Year, Current To whom Abroad, or on was Passport Special Month, Number. Passport what other stamped, when Remarks. Date. given. Document was Consular Pass- port given. Traveller left Russia. At State Consulates where a great amount of passports are vise, a special book, No. 11.*^, is kept for recording the vise. §3S 28 ARCHIVES AND OFFICE. P. I., Ch. XI. 3. Book No. III. is intended for the entering in terms of Russian currency of all sums received in the form of fees according to the Consular Tariff, and must be kept as follows :— I. 2. 3- 4- 5- 6. Current Number. Date. Of the Tariff. Reference Number of Book and Entry. Description of Document or Act. Amount of Fees levied in Russian Currency. 50 I March 9 30'^ Power of attorney Rs. cops. 3 — 51 .. 24 2'-^ Ship duties," Rossija " 7 60 52 •' 13 5^"' Will - - - - 8 50 The method of making the entries in this book is not difficult to understand. The number 30''^ in the fourth column of the model shown above, means that the power of attorney legalised on the ist March, was the 30th entry in Book II., since the beginning of the year ; the number 2^^ shows, in like manner, that the Russian ship " Rossija " was the second ship to clear from the Consulate and was, therefore, entered as No. 2 in Book VI. of the said Consulate ; the number 5" , again, shows that the will entered on the ist March in Book IV. of the Consulate, was the fifth to be so entered, from the beginning of the year. 4. Book No. IV. is reserved for entering, word for word, the text of all wills presented open at the Consulate, and for the registration of all sealed packets containing wills which are deposited with the Consulate — with a detailed entry in both cases of the manner in which the wills were delivered, i.e., whether they were presented by the testator in person or sent ; and, if so, when, by whom, by what means, &c. The wills, with all signatures and counter signatures, must be entered, successively, without any space between them. The entries must contain no erasures, but, in case of mistakes, the words to be effaced must be crossed out in such a manner that they remain legible, and the words to replace them must be written above the line. Every insertion or correction of words must be expressly mentioned and attested by the Consul. The entry must be signed by the testators or their attorneys, at foot. Sealed packets containing wills must be firmly tied with crossed strings and sealed with the Consular seal, to prevent any substitution. All official reports made on the subject of the wills must likewise be entered in this book. The following plan is to be observed for this book : — Current Number. Contents of WiUs word for word with all signatures and attestations of same; protocols referring to the deposition of Wills with the Consular Officer and signatures of persons who deposited them ; all protocols referring to Wills. Signatures of Persons who received Copies or E.xtracts. 5. Book No. V. contains the record of all measures taken after the death of a Russian subject, either in the interests of his children §38. p. I., Ch. XI. ARCHIVES AND OFFICE. 29 under age, or in those of his absent heirs. In this book are entered, also, particulars of all money, bills of exchange, bank notes and any other articles of value which may have been deposited at the Consulate. The following plan is to be observed for Book V., Part i : — • Current Number. Name, Father's Name and Surname of Deceased. Place of his last permanent Kesidenre. Date of Death. Estate left. Measures taken for safeguarding of Estate. Sealing and draw- ing up of Inventorv' Date of Same. Place where Estate is kopt. > ^ When and '-I where Remarks Where Publica- about and when tions Sale of Reports made Estate sent about h about and death and V opening of Reasons Estate of u Suc- for Same. Deceased. s cession. SI :2 5fZ d 2 12; And for Book V., Part 2 :— Estate. Private Deposit Dr. Cr. Date. Receipts. Russian Currency. Foreign Currency. Date. Payments. Russian Currency. Foreign Currency. Roubles. Cop. Roubles. Cop. 6. Book VI. is only kept at Consulates at seaports, and is used for entering particulars of Russian or Finnish ships clearing in and out at the Consulate. The use of the following form is recommended : — 38. 30 ARCHIVES AND OFFICE. P. I., Ch. XL o O 'S O Pi 6 O 1 a l-H o > fi( o O oi 3 O •A:jT;uBnQ m C oi o c S Time when Ship's Papers were handed in. From where arrived. Port of Registry. Name of Local Brokers or Agents. Name of Ship- owners. , Name of Captain. •paATjjB AV9J3 JO J9qranj«Q; | ■aSBUuox 1 Kind of Vessel. Name of Vessel. Date of Arrival. 1 -aaquin^j ^.ugjjnQ | oj s i Consular Duties paid. o a oi 0) 3 O o o oi 3 3 O Pi Cargo loaded. > O O oi 3 O >> '■+J c 3 .2 -S c o u S-l o 'd C Port of Destina- tion. •9in:^j-Bd9Q JO 9raT:j 9qj. q.B AV9J3 JO a9qran]y[ Date of Departure. Changes in Crew List. Description of Ship's Papers. 38. p. I., Ch. XI. ARCHIVES AND OFFICE. 31 ex ■ . ^ 3 a;> £ < 2i •^ M M 10 t-' t-H >o ;J ^~ I-' 10 d C/) U-) a, ^ u H fO c/: t >o '1 f~l ffi r^ 10 u z; '" 6 >o r^ d >o d u-l .^K d c "^ d •n d N d M tn -O C^ V c > rt -M X IJ •o;tbc[ puB q:^uoK UOIIB^OH UI SOX 4J c cj '73 _, c ^ <^ -> U M °-l 1 [ u-1 U.' •^ d lO •_■ r^ i-I 10 d U-) X IH ^_, '^ 1 1 < u X ro b «-> ct ^ )-<' c^ a d 2:1 u-) Id Z d >o r- d .0 1 10 c< - '"' d >o J N d M 7; Oh_: r- -O c a t« -M D X ■3%TZa PUT2 IHUOK •noi^.Bi.o^ ui "sosr o 00 o o <1> §38. 32 ARCHIVES AND OFFICE. P. i., Ch. xi. 9. Book No. IX. is used for entering verbatim all protocols drawn up at the Consulate (with the exception of those relating to wills) ; of Bills of Sale or Builders' Certificates of ships bought by Russian subjects within the Consular district ; of sea protests, and all docu- ments relating to shipwrecks or damage to Russian or Finnish vessels, and of all declarations made by Captains of vessels saihng under the Russian flag, or by other persons. 10. Book No. X. contains a record of all documents issued or legahsed gratis by the Consulate : as for instance, Bills of Health for Russian ships ; certificates issued to sailors of service on board vessels and the legahsation of such documents ; passports to Russian seamen, &c., &c. This book must have its own current number. The Books Nos. II. to V. inclusive must be officially recognised by the Embassy or Legation in the case of State Consulates, and by the State Consular Officers in the case of Elective Consuls. In addition to the archives the Consular Office should contain a board of official notices and intimations, and pigeon-holes for letters, addressed to the captains or crews of Russian vessels or other private persons, at the Consulate. Office Hours The Consular Office must be situated in the business part of the and Seal. i ■ i ■ i 1 r- place m which the Consular Officer has his residence, preferably in the centre of the town and not too far from the Docks. This is with a view to fulfilling all the requirements of those who have transactions at the Consular Office. The First Department of the Russian Ministry of Foreign Affairs must be informed of the address of the Consular Office. It must be open not less than 4 hours a day and particularly during that part of the day when local banks, offices, and other business places are kept open, and the Consular Officer must provide for the possibility of people calHng upon him upon urgent business. The Official Seal must be kept under lock and key during the time when the Consular Office is closed. The Consular seal and stamp must bear an inscription in the Russian language. Indiarubber stamps in a foreign language must not have the form of seals. The Consular tariff must be exhibited in a place to which the public has free access, so as to enable everyone to ascertain the amount of Consular duty to be paid.^ A sample of the Consul's signature, or that of his deputy who has the right to sign documents and receipts, must also be kept in a prominent place.a The Consular Officer must sign with a pen documents drawn up or attested by him. The use of stamps representing his signature is forbidden. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of loth January 1911, No. 330. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 9th January 1912, No. 290. 38. 33 lates. CHAPTER XII, — Documents and Valuables DEPOSITED AT RUSSIAN CONSULATES FOR SaFE CUSTODY. Sums of money, valuables or documents constituting the property § 39. of Russian subiects may be deposited for safe custody in the Deposits of I30CUlI161ltS archives of Russian Consulates. A Russian Consul is bound to or Valuables accept wills and documents on deposit, but he has the right to refuse at Consu- to take care of sums of money, valuables, and effects, except for very weighty reasons. Every deposit of a will must be confirmed by a receipt signed by the Consul and bearing the Consular seal. Deposited wills are kept at the Consulate until the death of the testa- tors, unless they demand the return of them either in person or through an attorney furnished with a proper power of attorney, or unless they have expressly devised otherwise. The Consul will take all possible care of the documents, valuables, and effects deposited at the Consulate and return them intact at the first demand of either the depositor or the person in whose name the deposit was entrusted to the Consulate, or of the person whom the lawful owner of the deposited articles may have authorised to claim them. In case of death of the owner of the deposited articles, or in case he should have incurred civil death, the deposited property must be handed over to the lawfully recognised heirs or to the II. Department of the Ministry for Foreign Affairs, who will cause the same to be forwarded to the persons entitled to it.^ In case of embezzlement, opening, loss, or deterioration of the articles deposited in his care, the Consul is, excepting in extraordinary emergencies, subject to the responsibility fixed by Arts. 2105, 2107, 2115, of the Code of Civil Laws, which stipulate as follows : — Any person undertaking the custody of property, money or deeds must adopt the same measures for their safe keeping and preservation from damage as he would in the case of his own pro- perty. If, however, such property, money or deeds be removed from his custody by violence ; or destroyed or damaged as a result of some wholly exceptional occurrence ; he is relieved of all responsi- bility for such loss, destruction and damage, even though it appear that he could have saved the articles entrusted to his care, although not without considerable risk to his own property. Such responsi- bility cannot be repudiated, however, if the return of tlie articles to their owner on the first demand has been refused. A person under- taking the custody of property is not, under any circumstances whatever, entitled to convert such property to his own use ; but he may claim remuneration if, in order to preserve such property from possible loss or damage, he has been obliged to incur expenses : provided a stipulation to that effect was made in the agreement as to the custody of the property, or if such expenses are incurred as a result of circumstances which it was altogether impossible to foresee at the time when the said agreement was made. If the property left in the custody of a second person is sealed and locked up, and if, in the absence of the owner, the custodian open, unseal 1 Cons. Reg., Art. 80. §39. 34 DOCUMENTS AT RUSSIAN CONSULATES. P. i., Ch. xii. and examine the property, the owner of such property may claim compensation from the latter for all articles or sums of money which may be missing from the parcel and for all damages which may have been caused by opening it. For the improper refusal to return the property to the owner on demand, the person in whose charge it has been deposited must pay all damages which the owner may have incurred through the delay in returning his property, including the legal interest (at the rate of 6 per cent, per annum) on all money left in his custody, commencing from the day on which the action for the recovery of the property was brought. Every deposit, or withdrawal of deposits against receipt, or loss or deterioration of articles, must be entered in Book No. V. of the Consulate. A special case of deposit at Russian Consulates is provided for by the note to Art. i6 of the Consular Regulations, which establishes that in all cases where, on the basis of the Code of Civil Procedure, law costs or duties are to be paid in to the proper court of law, parties not residing in Russia may, instead, present a certificate from the Russian Consul of the district to the effect that he has received the required amount from them. This, however, only applies to State Consuls. §40. State Consular Districts. CHAPTER XIII.— The Consular Districts. The jurisdiction of every State Consul, both as regards the legali- sation of documents issued by the local authorities and the power over Elective Consuls, is defined by geographical limits. The districts of the following State Consulates are shown below :■ — State Consuls. Their Districts. Minister resident i^i' at Rio. Consul at Buenos Ayres. Consul General at Vienna. Consul General at Buda-Pesth. Consul at Lvoff (Lemberg). Consul at Trieste. Consul at Fiume. Consul at Czernowitz. Argentine Republic. The Argentine Republic. Austria and Hungary. Upper and Lower Austria, Bohemia, Moravia, Silesia, Istria, Salzburg, Tyrol, Carinthia, Carniola and the Adriatic Province. The Kingdom of Hungary, with the exception of the Port of Fiume. Galicia. Trieste. Fiume and Dalmatia. Bukowina. 40. p. I.. Ch. XIII. THE CONSULAR DISTRICTS. 35 State Consuls. Their Districts. Charge d' Affaires at Carlsruhe. Baden. The Grand Duchy of Baden. Mannheim. Vice-Consulate at Mission at Munich. Bavaria. The Kingdom of Bavaria. Palatinate (of the Rhine). Vice-Consulate at Nuremberg. The Bavarian Mission at Brussels. Belgium. The Kingdom of Belgium Antwerp, Ghent, Liittioh tend ; Vice-Consulates at Brugge (Bruges and Charleroi. Consulates at (Liege) and Os- Consul at Serayevo. | Bosnia. Bosnia. Consul at Rio de Janeiro. Brazil. Brazil. Vice-Consulates at Rio de Janeiro, Bahia, Pernambuco, Santos, Belem (Para) and Porto-Alegre (Rio Grande do Sul). Consul at Bremen. Bremen. The free city of Bremen and territories. Grand Duchy of Oldenburg and the subor- dinate Duchies of Liibeck Consulate at Bremerhaven. and Birkenfeld. Bulgaria. Diplomatic Agent and Consul General at Sofia. Vice-Consul at Varna. Consul at Rustchuk. Vice-Consul at PhihppopoH. Vice-Consul at Burgas. Consul at Valparaiso. Chili. Chili. §40. 36 THE CONSULAR DISTRICTS. P. i., Ch. xiii. state Consuls. Their Districts. China. Consul-Generals at Pekin, Mugden, Charbin, Shanghai. Consul at Kuldja, Chuguchak, Tientsin, Kashgar. Urumtsi, Hankow, Newchwang, Girin, Kanton, Kuantchentsi Tsitsikar. State Vice-Consuls at Chailar, Tchifoo, Aigun. Diplomatic Agent and Consul-General ar Urga. Consuls at Uljasutai, Kobdo, Shara-Sume. Consul-General at Seoul. Consul at Fusan and Masampo. Vice-Consul at Tchontchin. Elect. Cons. Agent at Gensan. Consul-General at Copenhagen. Mongolia. Corea. Denmark. Denmark. Vice-Consulates at Copenhagen, Elsinore, Hjorring, Lemvig, Nexo, Nyborg, Aarhuus, Thisted, and Frederikshavn. Consulate at St. Thomas (Antilles). Diplomatic Agent and Consul-General at Cairo. Consul at Alexandria. Egypt- Consulate at Port Said. Vice-Consulates at Alexandria, Damietta, Mansurah, and Suez. Consular Agencies at Assiut, Assouan, Beni- Suef, Ghirghe, Sagazig, Keneh, Luxor, Minieh, Raitho. Sohag, Tantah and Esneh. §40. p. I., Ch. XIII. THE CONSULAR DISTRICTS. 37 State Consuls. Their Districts. Consul at Guayaquil. Consul-General at Paris. Consul at Bordeaux. Consul at Havre and Rouen. Consul-General at Marseilles. Consul at Nice. Consul at Algiers. Equador. France. Paris. Eastern and Central France and the French Colonies. Vice-Consulate at Vichi. Consulates at Lyon, Pau, Rheims, Saint Valery sur Somme, Djibutil (French Somali- land). The coast and ports of the Atlantic from Brest to Bayonne. Vice-Consulates at Bayonne, Brest, La Rochelle, Nantes, St. Nazaire and Rochefort. The coast and ports of the English Channel. Vice-Consulates at Boulogne-sur-Mer, Dieppe, Dunkirk, Calais and Cherbourg. The coast and ports of the Mediterranean, with the exception of Nice and its environ- ments. Consulate at Toulon. Vice-Consulates at Ajaccio, Port Vendres and Cette. Nice and its environments. Vice-Consulates at Villefranche, Cannes and Mentone. The colonies of Algiers and Tunis. Consulate at Tunis. Vice-Consulate at Oran. Consul-General for Great Britain in London. Vice-Consul at Cardiff. Consul at Liverpool. Great Britain and Colonies. The South of England and Wales, with the exception of Cardiff, Flint, Denbigh, Car- narvon and Anglesea. Vice-Consulates at Bristol, Gloucester, Bridge- water, Harwich, Plymouth, Portsmouth, Dover with jurisdiction at Ramsgatc, Margate and Deal, Southampton, Falmouth, Swansea, New- port (Monmouthshire) and Fowey. At Gibraltar^ — Consulate. In Africa^ — Consulates at Cape Town, Johannes- burg. In Asia— Vice-Consulate at Aden. The port of Cardiff. The city of Liverpool, the Isle of Man. The counties of Lancashire, Chester, Flint, Den- bigh, Carnarvon, Anglesea. Vice-Consulates at Manchester, Barrow-in-Fur- ness, Dublin, Belfast, Cork, Queenstown, and Londonderry. §40. 38 THE CONSULAR DISTRICTS. P. i., Ch. xiii. State Consuls. Their Districts. Great Britain and Colonies — continued. Consul at Newcastle-upon- Tyne. Consul at Hull. Consul at Melbourne. Consul at Montreal. Consul-General at Calcutta. Vice-Consul at Colombo. Consul at Singapore. Consul at Hong-Kong. Consul at Malta. Scotland. The counties of Cumberland, North- umberland, Durham, and the Cleveland district of Yorkshire. Vice-Consulates at Sunderland, Aberdeen, Glasgow (Greenock, Ardrossan, Irvine, Troon, Ayr), Dundee, Leith, Peterhead. Consular Agencies at Blyth, West Hartlepool, Alloa, Burntisland, Methel, Bo'ness, Grangemouth, Middlesbro'. The county of York with the exception of the port of Middlesbro'. The counties of Derby, Nottingham, Lincoln, and Norfolk. Vice- Consulates at Leeds, Great Grimsby, Great Yarmouth, King's Lynn, Sheffield, and Brad- ford. Consular Agency at Goole. Australia. Consulate at Sydney (N.S.W.) Vice- Consulate at Newcastle (Australia). Canada and British Columbia. Vice-Consulate at Halifax (Nova Scotia). India. Vice-Consulate at Bombay. The Island of Ceylon. The Malay Peninsula. Hong-Kong. The Island of Malta. Consul at Piraeus. Minister resident at Hamburg. Minister resident at Darmstadt. Greece. Consulate at Corfu. Vice-Consulates at Arta, Zante, Kalamata, Cephalonia, Patras, Milos, and Finos, Syra and Volo. Hamburg. The free city of Hamburg and territories. Consulate at Cuxhaven. Vice- Hesse-Darmstadt. The Grand Duchies of Hesse-Darmstadt and Saxe-Coburg-Gotha. Consul-General at Genoa. Italy. Genoa. The provinces of Sardinia, Piedmont and Liguria. Consulates at San Remo ^and Cagliari. Vice-Consulate at Turin. 40. p. I., Ch. XIII. THE CONSULAR DISTRICTS. 39 State Consuls. Their Districts. Consul-General at Naples. Consul at Rome. Consul at Florence. Consul at Venice. Consul at Milan. Vice-Consul at Brindisi. Vice-Consul at Catania. Italy — continued. Naples. The provinces of Campania, Basili- cata, Calabria. Vice-Consulates at Catanzaro, Cotrone, Torre Annunciata Tropea and Gallipoli. Rome. The provinces of Latium, Abruzzi and Molise. Vice-Consulate at Civita Vecchia. Florence and district. Tuscany, Emilia, the Marches, Umbria. Vice-Consulates at Leg- horn and Ancona. Town and district. Lombardy. The district of Apulia. Vice-Consulates at Ban and Tarento. Consular Agency at Brindisi. Sicily. Vice-Consulates at Girgenti, Terranova, Trapani, Messina, IMilazzo and Syracuse. Japan. Consul at Yokohama. Consul at Nagasaki. Vice-Consul at Hakodate. Vice-Consul at Kobe (Hiogo). Lubeck. Consul at Liibeck. The free city of Liibeck and territories. Duchy of I Lauenburg. Mecklenburg-Schwerin and Mecklenburg-Strelitz. Consul at Rostock Grand Duchy of Mecklenburg-Schwerin and and Wismar. Mecklenburg-Strelitz. Mexico. Minister resident at Mexico. Montenegro. Minister resident Montenegro, at Cetinje. Morocco. Consul-General at Morocco. Tangier. §-40. 40 THE CONSULAR DISTRICTS. P. I., Ch. XIII. State Consuls. Their Districts. Consul-General at Amsterdam. The Netherlands. The Netherlands, Consulates at Rotterdam and Batavia, Consular Agencies at Harhngen, Helder, Delfzijl, Texel, Vheland, TerscheUing and Fhishing. Persia. Consul-General at Bush ire. Consul-General at Meshid. Consul-General at Tabriz. Consul at Astrabad. Consul at Ispahan. Consul at Resht. Consul at Kermanchah. Consul at Kerman. Vice-Consul at Urmiah. Vice-Consul at Seistan. Peru. No State Consul. I Elective Consulate at Lima. Consul at Lisbon. Vice-Consul on the Island of Madeira. Portugal. Portugal and colonies, Vice-Consulates at Oporto, Villa Nova di Portimao, Setubal, Moyo (Cape Verd Islands), Porto Grande (Cape Verd Islands, St. Vincent), Punte Delgado (Island of St. Michael, Azores), Terceira (Azores), Flores (Azores), Funchal (Madeira), Horta (He de Fayal, Azores), Faro, Lorenzo Marques (Delagoa). Consul-General at Berlin. Prussia. Berlin. The Provinces of Brandenburg, Saxony, Hannover, the Duchy of Anhalt and the Principality of Lippe. Vice-Consulate at Emden. The Consulates at Kiel (southern portion of the Province of Schleswig- Holstein) and Flensburg (northern portion of the same Province) are also subordinate to the Consulate-General at Berlin. §40. p. I., Ch. XIII. THE CONSULAR DISTRICTS. 41 State Consuls. Their Districts. Consul-General at Danzig. Consul at Stettin. Consul at Konigsberg. Consul at Memel. Vice-Consul at Thorn. Consul at Breslau. Consul-General at Frankfort- on-the-Main. Consul at Galatz. Consul at Dobrudja. Consul at J assy. Vice-Consul at Sulina. Prussia — continued. West Prussia and Posen. Vice-Consulate at Thorn and Pillau, Pomerania. Vice-Consulates at Stralsund and Swinemiinde. East Prussia, with the exception of the Consular district of Memel. Memel. Landrath district of Memel, Heydskrug, Ragnitz, Tilsit and Niederungen ; also part of the Kurische Nehrung, from Memel to the boundaries of the Landrath district of Fisch- hausen, near the village of Nieden. Thorn. Breslau and the Province of Silesia. Frankfort. The Rhine Province, Westphalia, Hesse-Cassel, Nassau, the Principahty of Waldeck and Alsace and Lorraine (only as regards the legalisation of documents emanating from these two latter countries, all other matters are under the control of the Imperial Embassy at Berlin). Roumania. Wallachia ; Vice-Consulate at Kustendji. Dobrudja. Moldavia, (Eastern) Rumelia. {See Bulgaria). Saxe-Coburg-Gotha. Minister resident I at Dresden. | Saxe-Weimar and Saxe-Altenburg. Minister resident at Dresden. Minister resident at Dresden. Consul at Leipzic. Dresden Saxony. and environs. Duchy of Brunswick, Saxony, with the exception of Dresden and environs ; Duchy of Lippe ; the principali- ties of Schwarzburg-Rudolstadt, Schwarzburg- Sonderhausen, Saxe-Meiningen and all the small German States that are not included in other districts. §40. 42 THE CONSULAR DISTRICTS. P. i., Ch. xiii. State Consuls. Their Districts. Legation at Belgrade. Consul at Nissa. Serbia. Charge d' Affaires and Consul-General at Bangkok. Consul-General at Barcelona. Consul at Cadiz. Siam. Spain. Consulates at Cartagena, Sevilla and Mahon. Vice-Consulates at Tarrevieja, Tarragona, Valencia, Alicante, Vigo, Bilbao, Santander, Gijon, San Sebastian, Port Posahes, Feriol, Cordova and La Carogne. Consular Agency at Iviza. Vice-Consulates at Huelva, Algesiras, Malaga, Almeria, Jeres de la Frontera, Santa Cruz de Teneriffe (Canaries). Consul-General at Stockholm. Consul-General at Christiania. Consul at Hammerfest. Sweden and Norway. Sweden. Vice-Consulates at Warberg, Wester- vik, Wisby (Gothland), Haparanda, Helsing- borg and Landskrona, Hernosand, Goteborg, Gefle, Hudiksval, Kalmar, Karlskrona, Karl- shamn, Lulea, Lysekil, Malmo, Ystad, Trelle- borg, Marstrand, Norrkoping, Oscarshamn, Pitea, Soderhamn, Stromstad, Sudsvall, Umea, Skeleftea, Onskjoldsvik. Norway, excepting Finmark, Tromso and Nord- kap. Vice-Consulates at Aalesund, Arendal, Bergen, Bodo, Trondjem (Drontheim), Laur- vig, Mandal, Moss, Haugesund, Stavanger, Tonsberg, Farsund, Flekkefjord, Fredrikstad, Christiansand and Christiansund. The provinces of Finmark, Tromso and Nord- kap. Vice-Consulates at Vadso, Vardo and Tromso. Consul at Vevey and Geneva. Switzerland. Consul-General at Aleppo. Turkey in Asia. Consulates at Lemnos and Clarimond. Consulates at Adana and Tarsus. Vice- 40. p. I., Ch. XIII. THE CONSULAR DISTRICTS. 43 State Consuls. Their Districts. Consul-General 'at Bagdad. Consul at Bassorah. Consul-General at Beirut. Vice-Consul at Van. Consul at Damascus. Consul at Jeddah. Consul at Jerusalem. Consul at Canea. Vice-Consul at Konieh. Vice-Consul at Samsoun. Vice-Consul at Sinope. Consul at Smyrna. Consul at Trebizond. Consul-General at Erzerum. Consul at Harput. Consul at Jaffa. Consul at Biltis. Vice-Consul at Bayazid. Turkey in Asia — continued. Aydine (Syria), Brussa, the Dardanelles, Candia, Kerasond, Mitylene, Rethimo, Rizah, Rhodes. Hamah, Tripoli (Syria). Consular Agencies at Kalafat and Latakia, Ayvali and Kaifa. Consul-General at Constantinople. Vice-Consul at Adrianople. Consul at Bitoli. Consul at Prisrend. Consul-General at Salonika. Vice-Consul at Scutari. Consul at Uskuib. Consul at Janina. Consul at Mitrowitzi. Turkey in Europe. Vice-Consulates at Dede-Agach, Rodosto, Chios. Consular Agencies at Gallipoli and Cavalla. 40. 44 THE CONSULAR DISTRICTS. P. i., Ch. xiii. State Consuls. Their Districts. Minister resident at Rio. Uruguay. A Consulate. The United States of North America. Consul-General at New York. Consul at •San Francisco. Consul at Chicago. Philippine Islands. Havana (Cuba). Cardenas (Cuba). The States of the Atlantic coast and the Gulf of Mexico ; Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Dela- ware, Maryland, West Virginia, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Ar- kansas, Texas. Vice-Consulates at Baltimore, Mobile (Alabama) Boston, Galveston (Texas), Sabine Pass (Texas), New Orleans (Louisiana), Pensacola (Florida), Savannah (Georgia), Phila- delphia (Pennsylvania), and Charleston (South CaroHna). Rocky Mountain and Pacific States : Washing- ton, Oregon, California, Idaho, Nevada, Utah, Montana, Wyoming, Colorado and the terri- tories of Arizona, New Mexico, Alaska and the Sandwich Islands. Vice-Consulate at Port- land ; Acting Vice-Consul at Honolulu (Sand- wich Islands). Central States : Michigan, Ohio, Kentucky, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Ne- braska, Kansas, the territory of Oklahama and the Indian reservations. An Elective Vice-Consulate at Manila. An Elective Vice-Consulate. An Elective Vice-Consulate. Minister resident at Dresden. Minister resident at Stuttgart. Weimar. The Grand Duchy of Saxe-Weimar. Wurtemberg. The Kingdom of Wurtemberg and the Hohen- zollern Territory, HO. 45 CHAPTER XIV.— The Consular Uniform. Elective Consular Officers are entitled to wear the Consular uniform, Consular Uniiorm. VIZ. : — 1. On State or other important occasions the uniform consists of a double-breasted frock-coat of dark green cloth (black with greenish tint) of the pattern prescribed for civil officials of the Military Depart- ment, having at the edge of the collar, collar-straps of black velvet, braided in red on three sides, and r; to 2 vershoks long and § of one vershok wide, the rank of the wearer being indicated by small gold stars and silver slashes on the velvet. The coat has two rows of rimmed buttons of dead silver, with the Imperial crest in front, and two similar buttons on each of the flaps of the pockets behind. The collar is of black velvet and is turned down ; the cuffs are open, borderless, and have each two small buttons with the Imperial crest. State Consuls have the exclusive right to wear longitudinal shoulder- straps on which the rank of the wearer is indicated by small gold stars. The shoulder-straps are of silver galloon with red slashes, border and lining, and are \y; of a vershok in width, and of the pattern prescribed for civil officers of the Military Department. The necktie is of black silk, tied in a bow in front. The trousers are long, of dark green cloth, and have neither galloon nor coloured edging. Boots — black. The sword, which is of the ordinary pattern prescribed for officers of all ranks in the civil service, with Imperial crest and silver sword-knot and tassel, is worn as a sword-belt underneath the double- breasted frock-coat in such a wa\^ that the handle, crest, sword-knot and tassel come outside the coat through an opening. A three- cornered hat, of the pattern prescribed for civil officers of all depart- ments, is worn according to rank. The waistcoat with either four or six buttons of smaller size, but of the same pattern as those on the coat, is also of dark green cloth. The overcoat is of dark grey cloth (black with white merino woven in the cloth), double-breasted, and of the pattern prescribed for civil officials of the Military Department, with collar straps as on the frock-coat, turned-down collar and lapels of the same cloth as the coat, and black lining. In cold weather the collar may be of black merliishka (Astrakhan), the collar-straps being stitched outside the cloth lining of the fur collar where it is joined to the coat. Orders are worn on the frock-coat as prescribed in the rules fixed by Imperial decree in the year igoo. Gloves are of white chamois leather. In summer time, without distinction of place, and not excepting the capitals, the coat, waistcoat and trousers may be of white or un- bleached linen, with the regulation collar-straps. 2. On ordinary occasions a uniform tail-coat is worn. This is of dark green cloth, and has two rows of buttons, four in each row in front, and two more on each of the flaps of the pockets. The buttons are of dead silver with the Imperial crest. The waistcoat is of the same material as the coat and has a turned-down collar and four small buttons, of the same pattern as on the coat. {cf. Regulations 46 THE CONSULAR UNIFORM, P. I., Ch. XIV. as to the wearing of Uniforms by Officials of the Russian Ministry of Foreign Affairs, St. Petersburg, 1915.) COLLAR-STRAP AND BUTTON FOR A CONSUL, THE SAME WITH TWO STARS FOR A VICE- CONSUL, THE SAME WITH ONE STAR FOR A CONSULAR AGENT. FROCK-COAT. OVER-COAT. 47 CHAPTER XV.— The Conferring of Orders, Medals, ETC. In the event of State Consuls wishing to apply to the Russian Embassy Orders and or Legation to which they are subordinate with a view to procuring foreigners, the decorations with medals or orders of foreign subjects who are not in the actual service of the Russian State, as, for instance, Russian Elective Consular Officers, it is necessary that the State Consuls should mention in their report : — 1. Whether the distinction in view would correspond with the social standing of the candidate. 2. Whether the candidate has previously been the recipient of Russian marks of distinction, and if so, what these are. 3. To what religious denomination he belongs. On receipt of these particulars the Russian Embassy or Legation must make sure that the local Government has no objection that a Russian mark of distinction be conferred upon the candidate.^ Russian orders can only be conferred on foreigners who : — 1. Belong to the noble and titled classes, where such exist ; or 2. Hold the rank as officers of the army or the civil service ; or 3. Have finished a high school or university education in Russia or abroad. When proposing foreigners for Russian orders a certificate testi- fying to one or other of these facts must be appended. This restriction does not apply in the case of Russian medals to foreign subjects. - ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 9th September 1899, No. 8229. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 7th November 1903, No. 12,489. 48 PART II. Supervision of Commerce and Shipping. §41. History of Russia's Commercial Relations. CHAPTER I. — Commercial Relations of Russia WITH Foreign Countries. The commercial relations of Russia with foreign countries date from a very early period. In the ninth and tenth centuries the town of Novgorod-on-Ilmen had already very extensive commercial relations with Western Europe and belonged to the commercial association of the period known as the " Hanseatic League." Later on, through the invasion of the Tartars, Russia suffered very much in this as indeed in almost every direction. In Novgorod alone, as the Tartars did not penetrate so far, social and political life in general remained less affected than in the centre of Russia. There was still trade with Western Europe, but it decreased, so that for some time the com- mercial relations of Russia with foreign countries were on a very small scale, and it was not until the sixteenth century that they revived. The first country to enter into such relations with Russia was Great Britain. In 1553 a British boat under the command of a Captain Chancellor arrived at the mouth of the River North Dwina, where, later on, the town of Archangel was founded. As Captain Chancellor learned from the inhabitants that the country round about belonged to the State then called Moscovia, he sent a messenger to the Czar Ivan IV., the Terrible, with letters patent from King Edward VI. In these letters the King proposed to establish peaceful commer- cial relations with all countries that the expedition might visit. Czar Ivan, in answer to this friendly invitation, willingly gave to Great Britain the right to import into Russia all kinds of goods, free of duty. On its becoming known that Moscovia had opened its doors to international trade, other countries tried also to enter into relations with Russia. The British, however, gained the greatest advantages, as they were the first to receive these privileges, and for about one hundred years they maintained this position against all competitors. These privileges continued to be granted to Britain by the succeeding Czars, as, for instance, by Boris Godoonof and Michail Feodorovich. It was not until the end of the seventeenth century that all foreign merchants were put on the same footing, certain very low custom duties being imposed. During this century maritime trade also improved. In 1558 the port of Narva on the Baltic Sea was con- quered, and in 1584 the town of Archangel was founded. There was a much larger increase of trade, however, in the reign of Peter the Great, who won for Russia three other large ports on the Baltic : Riga, Reval, and \Mbourg, and in 1703 St. Petersburg was founded. Peter the Great also joined this city with the Volga §41. p. II., Ch. I. COMMERCIAL RELATIONS OF RUSSIA, &c. 49 basin by a system of canals, and thus enabled the enormous agri- cultural produce of that fertile and rich district to be brought to the Baltic. The Empress Catherine II. also gave attention to the development of Russian foreign trade. This export trade was of great importance to Russia, because at that time Western Europe was in urgent want of all kinds of agricultural produce. The benefit of this to Russia grew yearly. An import trade in all kinds of manufactured articles also arose, as home industry in Russia was, up to that time, not only undeveloped, but almost non-existent. As the industrial life of the country thus began to develop the necessity of protecting the young growing national industry was fully recognised by tariffs of a protective character. In 1819 there was issued the first Russian Customs Tariff, which was, in form, protectionist from the beginning. This tariff estab- lished low customs duties and did not in any way lessen the import of foreign goods, which, in its turn, had a bad influence on the creation of independent national industries. In consequence, a system of very severe protection was introduced in 1822, partly by greatly raising the duties, and partly by prohibiting altogether the importa- tion of certain goods, viz. : refined sugar, tea, cotton fabrics, flax, copper articles, &c. This protective tariff continued in force for twenty years, undergoing some substantial modifications. In 1841 a fresh tariff was instituted of a more elaborate character. In 1845 the rigid protection of the home industries began to give way and in 1850 a new tariff was established, the chief feature of which was the lessening of the duties. In 1857 another tariff lessened the duties still more. This process of reducing duties continued till 1868, when a tariff was introduced which imposed not only very low duties, but allowed the free importation of a great number of articles. This did not fail to have a bad influence on home industries, and in 1 871, that is three years after the tariff was introduced, the balance of Russian exports and imports was to the disadvantage of the country. For this reason in 1878 it was considered necessary to protect Russian industries, which were of comparatively recent creation and could not in any way compete by themselves with the industries of Western Europe, which had existed for centuries. In 1877 the duties were raised by 50 per cent. ; in 1881 they were again raised 10 per cent., except the duty on salt ; in 1882 many articles that had hitherto been imported free of duty were taxed. In 1885 there was a further rise of 20 per cent., and in 1887 the duty on cast-iron and metals was much increased. In 1890 the duties were raised again by 20 per cent. The alterations that had been introduced from 1877 to 1890 necessitated a revision so as to make a tariff that could be easily worked, and thus the tariff which is now in force was confirmed by the Czar Alexander III. in 1891. In 1903 a New General Customs Tariff for the European frontier of Russia was confirmed by His Majesty. This tariff had been pre- pared by the Russian Government in view of the approaching ter- mination of commercial treaties then existing between Russia and other Powers, and the duties contained therein are liable to modification as the result of negotiations for fresh commercial treaties. §41. 50 COMMERCIAL RELATIONS OF RUSSIA, &c. P. ii., Ch. i. The existing Russian tariff, which deals with goods coming from Western Europe and America, is very elaborate, there being over 800 articles on which duty is levied. It is contained in the sixth volume of the Russian Svod Zakonov and is divided into two parts, the general tariff appHcable to countries with which Russia has no special commercial treaty, and the so-called conventional treaty, under which the duties are lower, which is applicable to countries under which Russia has a commercial treaty. The Conventional Tariff has been in force since the year 1893. Although Russia had concluded commercial and navigation treaties with many European countries before that year, for instance in the year 1859 with Great Britain, the only clauses in these treaties were general stipulations as to the rights of the subjects of the contracting Powers to trade and engage in commerce in the respective countries, the right of free sea traffic, and the right of the most-favoured nation. In the decade between 1885 and 1895 some European and American countries began to introduce special increased duties to protect their own industries, thus affecting the interests of the countries that had previously been exporting those special articles. As long as these increased duties only touched manufactured goods, the increases were not of great importance to Russia, because of the still small amount of such goods produced by her. Later, however, a number of countries introduced high duties for the protection of agriculture, and this seriously affected Russia, since her chief export trade consisted of agricultural produce. Russia had therefore to conclude special customs tariff agreements, by which the duties were decreased. The first of these agreements was in 1893, when a special convention was concluded between Russia and France, by which the duty on 52 differ- ent articles of commerce imported from France was reduced from 10 to 25 per cent., and in exchange France consented to reduce the duty on raw naphtha and its products. In 1894, a treaty was made between Russia and Germany, by which the duty was lessened on 135 articles imported from Germany and in exchange certain reduc- tions were made in favour of Russia. Similar treaties were concluded with many other States, The following table shows the dates of the various commercial treaties entered into between Russia and other countries : — Countries. Dates of conclusion of Dates of expira- the Treaties. tion of the Treaties. §42. Persia - February 10, 1828 Without Term. Commercial Conventions U.S. of North America - December 14, 1832 One year after concluded revocation. by Russia. Sweden and Norway- - May 8, 1838, and August 9, 1906. " Holland - September 13, 1846 - ,, Greece - - June 24, 1850 ,, Belgium - June 9, 1858 ,, Great Britain - - January 12, 1859 ,, Austria-Hungary - - September 14, i860 - ,, Turkey - - - - February 3, 1862 ,, 42. p. II.. Ch. I. COMMERCIAL RELATIONS OF RUSSIA. &c. 51 Italy Switzerland - France - - - Peru China - - - Corea - - - France (suppl. conv.) Serbia - - - Germany^ Austria-Hungary ^ Spain (provis. vivendi) . Denmark Japan Portugal Bulgaria Roumania modus September 28, 1863, and June 28, 1907. December 26, 1872 April I, 1874, and February 20, 1906. May 16, 1874 August 4, 1881 - June 25, 1884 June 17, 1893 - October 15, 1893, and March 24, 1907. February 10, and July 28, 1894. February 15, 1906 February 7, 1895 One year after revocation. Without Term. One year after revocation. Dec. 31, 1917. Dec. 31, 1917. One year after revocation. March 2, 1895 - May 7, 1895 - - July 17, 1911. July 9, 1895 - - April 21, 1901. July 14, 1897 - - Dec. 31, 1903. April 12, 1906 - - Dec. 31, 1917. Thus the commercial policy of Russia is one of national protection with the object of making Russia an economic entity ready to secure the greatest obtainable facilities for the exports of its products by means of a system of foreign mutual customs agreements. CHAPTER II. -Supervision of Commerce and Shipping. It must be the Consul's aim to consolidate, facilitate and extend § 43. the commercial relations of the country whose agent he is, with Supervision those of that in which he resides. To this end he must submit to merce and the Ministry of Foreign Affairs and the Ministry of Trade and Industry Shipping, all comments and proposals in relation to commerce and shipping j^^ustry which experience or observation suggest to him during the exercise of his Consular functions.^ It is the duty of the Consul to take note of all Russian vessels entering or leaving the ports of his district, and to watch over Russian shipping and commerce. ^ It must be his particular care to maintain good order amongst Russian seamen, to protect and defend Russian subjects in their person and property, and, when necessary, to assist them with advice. He should above all see that the rights guaranteed * The Treaties with Germany, Austria-Hungary, Turkey and Bulgaria, have been suspended by the state of war and require new confirmation after peace has been concluded. 2 Cons. Reg., Art. 89. ' Cons. Reg., Art. 47. §43. 52 COMMERCIAL RELATIONS OF RUSSIA, &c. P. ii., Ch. ii. by existing treaties to the Russian flag and to Russian commerce are not infringed. ^ In fulfilling these various obhgations the Consul will, if the circumstances require it, draw up official reports, make verbal or written representations to the local authorities or address formal demands to them. Should these representations or demands remain unnoticed, or be unsuccessful, he must at once report to the Imperial Legation to which he is subordinate. Elective Consular Officers report to the State Consul of the district. The Consul must take care that the Russian flag is only exhibited in conformity with existing laws and regulations. In exceptional cases his superior authority will give him special instructions.^ It is, moreover, the duty of the Consular Officer to see that the honour of the Russian name is kept unblemished. To this end he must do all in his power to ensure that no merchant, being a Russian subject, nor the captain of any Russian vessel, fails to fulfil his engagements, imposes on his correspondents, or is guilty of any other dishonourable action. Any person who, ignoring the just admonition of a Consular Officer, shall be guilty of a dishonest action, must be reported by him to the Embassy or Legation in the country in which he resides, to the Ministry of Foreign Affairs, the Ministry of Finance, and to the Ministry of Trade and Industry. Elective Consular Officers report to their respective superior State Officers. If a Consular Officer discovers that articles are being either imported or exported at a port in his district in violation of the Russian Customs Regulations, he must immediately communicate the fact to the Ministry of Finance. ^ §44. Annual Reports on Commerce, Industry and Ship- ping. CHAPTER III. — Annual Reports on Commerce, Industry and Shipping. The Institution of Russian Consular Officers, besides having for its object the protection of Russian subjects abroad, is intended to keep the Russian Government fully informed of all that may be helpful to the interests of Russia and especially to her commerce. Russian Consuls must, therefore, carefully study the economic resources of the country in which they live, the local products, the articles of import and export, and especially those branches of industry and commerce which afford possibihties of business relations with Russia. The knowledge of local conditions which they will gather from such study will enable them to make detailed reports as to the country of their residence and to suggest means for extending the commercial and industrial operations of Russia. These proposals will only be useful if they are based on actual facts and not merely on statements gathered from official sources published with scientific or retrospective objects. ^ Cons. Reg., Art. 48. 2 Cons. Reg., Art. 90. 3 Cons. Reg., Art. 91. 44. p. II., Ch. hi. annual reports ON COMMERCE, &c. 53 At the close of each year, the Consul is required to submit to the Ministry of Commerce and Industry a general review of the state of trade, industry and shipping throughout the whole of his district. This report must contain information about all that concerns Russian commerce and shipping. The Consul must also report upon the progress of trade and shipping at the port where he resides and in the other ports of his district, ^ and upon the customs tariffs in force in that district, with a list of the duties charged on Russian produce. He should mention the industries that flourish most in his district and the class of goods that are stocked in the place, and should specify those branches of trade in which Russian products play the most important part and those in which they have to compete with the products of other countries. He should also mention the pros- pects for Russian trade and shipping in the next year, stating the reasons upon which his opinion is based. In agricultural countries, the Consul must report annually upon the results of the harvest, the progress of agricultural industry, the fluctuations in the prices of agricultural products, &c.* His annual report should also contain particulars as to raw and manufactured goods, for which an outlet exists — either as articles of consumption or as transit goods — in his Consular district, and the branches of Russian trade which, in that district, are susceptible of greater development, with an indication of the means which, he considers, would be best adapted to ensure such development. It is further recommended that the report should mention the local market prices of Russian goods, as compared with those ruHng at the places of their production and export ; the rates of freight on such goods, under the Russian and foreign flags, and descriptions of the class of goods required by the buyers, e.g., whether, in the case of wool, the preference is for fine or coarse qualities. As regards manufactured goods, the taste and fashions of the country should be indicated. Periodical or spontaneous fluctuations in the prices of goods and in the cost of their conveyance by land or water, and the cause of such fluctuations, should also be reported, especially with regard to goods which compete with Russian articles of export. According to a Circular of the Russian Ministry of Commerce and Industry of 30th November 1910, No. 10,656, Consular reports must not only be correct as to the facts mentioned therein, but they must also have actual interest, and be written in a language easy for every- body to understand. Therefore, in these reports, it is desirable to mention concrete facts which would be of practical use in business, and to avoid statements of a general and theoretical nature. In throwing hght upon the facts which are of importance for the interests of Russian trade it is necessary to point out those cir- cumstances which hamper Russian trade abroad and those of which Russian merchants ought to take advantage. It is not sufficient to report facts which occurred in the past and measures which have been already taken by the local authorities, but it is also of importance to predict coming events by getting into touch with the local authori- ties, commercial and manufacturing circles, and by closely studying the economic situation of the country. Thus it will be possible to ^ Cons. Reg., Art. 93. * Cons. Reg., Art. 94. §44. 54 ANNUAL REPORTS ON COMMERCE, &c. P. ii., Ch. hi. inform the Russian commercial world of coming changes in the economical situation of the countr}^ in which the Consular Officer is residing. In order to expedite matters in reporting about Commerce and Industry, Consular Officers must express themselves briefly and send off the information which they have in hand as quickly as possible. Any printed or written materials dealing at length with economic matters must be sent in addition, and in case such are not in one of the European languages a translation into the Russian language must be enclosed. The text of the reports must contain statements based on statistical material, while the greater part of the figures should be given, pre- ferably in the form of separate tables joined to the report as annexes. For the sake of comparison, the figures quoted must not only refer to the year under review, but also to previous years. Goods must be shown as to their value and quantity. According to prevaiUng circumstances of time and place. Consular reports may refer to a simple fact, or a single trade, or, they may embrace all the trade and commerce of the country. Consular Officers have the right to decide for themselves of the matter which they think desirable to report to their Government, if they do not receive queries and instructions for special reports. Their principal aim must be to hold the Russian Government con- stantly au courant of all that may be of interest to them. For instance, the subject of Consular reports may concern : — 1. The principal articles of export from Russia into a certain foreign country, and of import from that country into Russia. Russian goods which, although not yet having been exported, could find a good market in that country. Description in detail of a foreign market, as for instance : commercial customs, methods of payment, modes of packing, carriage by rail, waterways or roads, indicating the most advantageous ways of transport under the circumstances, customs duties, harbour and other fees, &c. 2. The reasons which are holding back the importation of Russian goods, as for instance : premiums given by foreign Governments in order to foster their own exportation, customs tariffs, the forging of brands and trade marks, &c., and measures which could bring about an increase of the importation from Russia. 3. Cases of infraction of State treaties and agreements which have been concluded by Russia. 4. Outhning the bad or good sides of the activity of Russian merchants on foreign markets. 5. Information of coming orders to be given for products which Russia could provide, as for instance, for rails, railway wagons, loco- motives, mineral oils, spirit, manufactured articles, leather goods, articles for the equipment of the Army or Navy, matches, &c., enclos- ing, if possible, the text of the pubHshed conditions of the tender or at least its chief conditions. 6. The important events of the local commercial and industrial life, as for instance : important inventions, new ways of production of goods, big strikes, the estabUshment of new big lirms and so forth. In cases which are urgent and important, information by wire 44. p. II., Ch. III. ANNUAL REPORTS ON COMMERCE. &c. 55 is necessarily followed by a more detailed statement by post. Outlays for telegraphic expenses will be refunded by the Section of Commerce of the Russian Ministry of Commerce and Industry on presentation of vouchers. If the rules as above were observed, Russian Consular Officers could very much shorten the annual trade reports which they have to present in accordance with Art. 22 of the Consular regulations. In order to be able to help Russian merchants who may want their advice and assistance, Russian Consular Officers must be con- versant with the conditions in which goods are sold on the local market, the methods of transporting them, the local market prices, the way the customs are paid for imported goods, local commercial rules, commission agents, and so forth. If information is given by Consular Officers about the commercial reputation, standing and solvability of a firm, such must be of a general nature and must not involve the personal responsibility of the Consular Officer. For instance, he may say that the firm has a good reputa- tion or that it does not enjoy such. To any such statements the Consular Officer may expressly add that he declines to take upon himself any responsibility, but gives the information to the best of his knowledge. All replies to inquiries must be given as quickly as possible, and a copy of each information which is given to private persons by a Consular Officer must be sent by him by post at the same time to the Section of Commerce of the Ministry of Commerce and Industry, Petrograd. The following tables are recommended for use in drawing up the Annual Report on Trade and Shipping : — Chief articles of import at the port of Names of Countries. Description of Goods. Quantity. Value. Russia ----- Germany - - - - France, &c. - - - . Total Chief articles of export at the port of Names of Countries. Description of Goods. Quantity. Value. Russia Germany - - - . France, cS:c. - - - . Total 44. 56 ANNUAL REPORTS ON COMMERCE, &c. P. ii., Ch. hi. Imports from Russia and Finland in Russian vessels at in the year Timber. Flax. Grain. Eggs Butter. General Cargo. &c. Exports to Russia and Finland in Russian vessels at the year Coals and Coke. Bricks. Machinery. General Cargo. &c., &c., &c. Sailings of Russian vessels in the year from Number of Ships and Total Tonnage. With Cargo. In Ballast. Russia ------ Finland ----- United Kingdom - - - - Etc. Total - - - - Arrivals of Russian vessels in the year at Number of Ships and Total Tonnage. With Cargo. In Ballast. Russia Finland - ... - United Kingdom . - - . Etc. ----.. Total - - - - §44. p. II., Ch. III. ANNUAL REPORTS ON COMMERCE, &c. 57 According to an agreement between the Ministries of Foreign Affairs, and Commerce and Industry of the 17th May 1910, Russian State Consuls must report on all matters regarding Trade and Commerce direct to the Section of Commerce of the Ministry of Commerce and Industry, and they will receive from that Institution instructions about the matter. According to a circular of the 14th August 1910, from the Section of Commerce, Russian State Consuls must mark all reports of a confidential nature to prevent their being published to the detri- ment of Russian interests. All information given must be in the pubHc interest of Russia, and it must not be of a nature which would be profitable to any one Russian subject in opposition to another. All reports of Russian Consular Officers which deserve pubUcity, are edited in special Periodicals by the Section of Commerce. They are systematically filed at the Special Commercial Intelhgence Branch, which forms a part of the Section of Commerce. This Branch faciU- tates the work of Consular Officers, inasmuch as the latter are allowed to address persons seeking information to that Branch in all cases in which that particular information has already been reported by the Consular Officer to the Section. Reports. CHAPTER IV. — Special Reports on Various Matters. In addition to the Annual Report, Consular Officers are required to § 45. send in special reports on various matters hkely to interest the Russian p^^^^^jj^ Government. They must inform the Ministry of Commerce and Industry without delay, of every alteration that is made, from time to time, in the Customs Tariffs of the countries in which they reside. They must also send copies of all treaties and decrees already in force, or in course of pubHcation, relating to commerce and shipping.^ Consuls must inform the Hydrographical Department of the Ministry of Marine of the erection, abolition or removal of Ughthouses, signals, buoys and beacons, and of all important changes which take place in the banks or channels at the ports and in the roadsteads of their Consular districts. ^ Consular Officers who are in a position to supply the information, are invited by the Ministry of Finance to communicate information periodically as to the prices of commodities and the current rate of exchange at the places of their residence. They are also invited to add their comments on the causes of the variation and fluctuation in such prices and rate of exchange. ^ A Consul should not treat of several subjects in the same report, but should endeavour, as far as possible, to make each matter with which he may have to ^ Cons. Reg., Art. 93. * Cons. Reg., Art. 95. ^ Cons. Reg., Art. 92. §45, 58 SPECIAL REPORTS ON VARIOUS MATTERS. P. ii., Ch. iv. deal the subject of a separate report.^ He should inform the Ministry of Foreign Affairs and also the Ministry of Commerce and Industry of all shipping and commercial cases which have required his inter- vention. ^ Elective Consular Officers report to the State Consul to whom they are subordinate. CHAPTER V. — Annual Reports on the Activity OF Russian Consular Officers.^ § 46. At the end of each year Russian State Consuls must send in a Reports report to the II. Department of the Russian Ministry of Foreign sular ' Aflairs, about the activity of the Consulate, using the following activity. form : — 1. Value of the total imports from Russia. 2. Value of the total exports to Russia. 3. Number of Russian steamships arrived at port. 4. Their total net tonnage. 5. Number of vessels (steamers and sailing ships) purchased by or built for Russians. 6. Number of Russian steam sailing ships sold to foreigners. or 7. Number of Russian saiUng vessels arrived at port. 8. Their total net tonnage. 9. Number of provisional flag-patents issued. 10. Number of seamen signed off Russian crew-lists. 11. Accidents and wrecks of Russian ships. 12. Total number of acts and documents legalised. 13. Number of passports divided. 14. Temporary passports granted to enable bearers to travel to and return from Russia. 15. Number of passports issued gratis. 16. Other affairs relating to passports. 17. Number of foreign passports furnished with Consular visa. 18. Number of Russian subjects deceased. 19. Number of wills drawn up. 20. Number of wills deposited with the Consulate. 21. Inheritances liquidated. 22. Numerical strength of Russian Colony. 23. Administrative and legal affairs relating to labourers. 24. Repatriation at the expense of Government of seamen. ^ Cons. Reg., Art. 14. ^ Cons. Reg., Art. 47. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 2nd April 1907, No. 4669, and of 23rd October 1907, No. 14,075. §46. p. II., Ch. v. annual reports, &c. 59 25. Repatriation at the expense of Government of labourers. 26. Repatriation at the expense of Government of emigrants. 27. Repatriation at the expense of Government of other persons. 28. Cases of monetary assistance rendered other than for the pur- pose of repatriation. 29. Total, under the above five heads, after deducting the sum refunded to the Consulate by the recipients. 30. Number of calls made by Russian students at the Consulate. 31. Cases of postponement of military service. 32. Cases of adoption of Russian nationality. 33. Cases of adoption by Russians of foreign nationality. 34. Cases of marriage. 35. Number of Russian subjects entrusted to Consular guardianship. 36. Number of Russian pensioners. 37. Correspondence in-coming. 38. Correspondence out-going. 39. Amount collected for the Government Exchequer. N.B. — (i) All sums of money are to be expressed in Russian roubles without copecks. (2) Tonnage is to be shown without fractions of a ton. The particulars enumerated above are to be supplied for the last year, an average being taken also for the last five years. Special remarks may be made on the following lines : — I. Commerce and Industry. A. Imports to, and exports from Russia. B. Participation of the Consulate therein, and also of the Ministry of Commerce and Industry. C. Participation of the Ministry of Finance. D. Participation with regard to Russian subjects. E. Participation with regard to foreigners. F. Reports made by the Consulate during the year. 2. Commercial Shipping. A. In Russian vessels. B. In foreign vessels in trade with Russia. C. Passenger traffic and emigration from Russia. D. Shipbuilding. E. Shipbuilding yards and docks. F. Russian steamship agencies. G. Crews of Russian vessels. H. Accidents to shipping and wrecks. I. Participation of Consuls in matters relating to commercial ship- ping. J. Participation of the section for commercial shipping. K. Participation of the Ministry of Finance. L. Participation of Russian subjects and of foreigners. §46. 6o ANNUAL REPORTS, &c. P. ii., Ch. v. 3. Communications with Government Institutions, Russian and Foreign. 4. Legalisation of Acts and Documents. A. On presentation. B. To the effect that they are in accordance with the laws of the land. 5. Affairs Relating to Passports. A. Passports of Russians travelling abroad. B. Division of passports. C. Number of temporary passports issued to persons enabling them to travel to, and return from, Russia. D. Arrears of passport duties. E. Passports granted to replace lost ones, and visa of foreign pass- ports. 6. Deaths and Matters Relating to Inheritances of Russian Subjects. 7. Requests and Complaints of Private Individuals. A. The method employed in registering personal explanations and written communications with appUcants. B. Affairs relating to labourers. C. Monetary assistance rendered and repatriation. (i.) Participation of the Russian Government or the Consulate in local charities. (ii.) Monetary assistance rendered for purposes of repatriation and not returnable. (iii.) Monetary assistance rendered in other cases and not returnable. (iv.) Loans to necessitous Russian subjects. (v.) Charities to the Russian Colony. (vi.) Jewish benevolent committees. D. Students. E. Sick persons. F. Changes of nationality. G. Lawful marriage, and dissolution of same. H. Affairs of guardianship. L Pensioners. J. Oppression of Jews by foreign authorities. 8. Consulate. A. Personal staff ; their emoluments. B. Office of the Consulate, and Consular sums. C. Library of the Consulate. D. Consular premises. E. Books kept. F. Archives. G. Correspondence. H. Accountancy. L Income. 46. p. II., Ch. v. annual reports, &c. 6i J. Hours appointed for the reception of callers; precedence to be given to order of arrival, both in winter and summer. Time occupied by the Consular Staff in official business generally. K. Local Russian churches, reading-rooms, societies, etc. 9. Consular District. A. Situation. B. Elective Consular representatives. C. Revision of the district. D. Control of Elective Consular representatives. 10. Supplementary Remarks of the Personal Description of the Consulate. 11. Summary. A. Principal. B. Conclusion. §46. 62 PART III. Sanitary Matters, CHAPTER I. — Reports on Epidemics. §47. Whenever symptoms of contagious or infectious diseases, either Epidemics. among people or cattle, are observed in any place within their Consular district. State Consular Ofhcers are required to immediately notify the full facts of the case to the Ministry of Foreign Affairs, the Ministry of Commerce and Industry, and the Ministry of Finance. The information should be telegraphed. If there is no telegraph office at the place of the Consular residence, steps must be taken to have the message sent from the nearest telegraph office.^ In notifying the authorities in Russia of the outbreak of an epidemic, it is at all times desirable that such notification should be made before the official announcement of the epidemic. To do this, the Consular Officer is recommended to avail himself of trustworthy private information. Elective Consular Officers are required to make their reports to the State Consuls to whom they are subordinate. So long as the epidemic lasts, the Consul will send a weekly report upon the same, stating whether any Russian ship has visited the infected places and communicated with the inhabitants, whether she has had any cases of illness on board, the time of her departure, her destination, &c., &c. As soon as the epidemic has ceased, the Consul must notify the fact to the Ministry for Foreign Affairs, the Ministry of the Interior, the Ministry of Commerce and Industry and the Ministry of Finance, and also to the superior frontier authorities.'' On hearing that a Russian ship calling at a port in his district is about to proceed to a place, entrance to which may be accom- panied with considerable danger owing to the state of the public health, the Consular Officer must acquaint the Captain of the vessel with the facts of the case and at the same time advise him as to whether there is any other port in the same country at which he may touch with safety. ^^ Special regulations are to be observed in case of plague. Informa- tion of the outbreak and development of the epidemic and of all sanitary measures which are taken against it must be communicated ^ Cons. Reg., Art. 96. 2 Cons. Reg., Art. 97. 3 Cons. Reg., Art. 98. 47. p. III., Ch. I. REPORTS ON EPIDEMICS. 63 by telegraph to the Medical Department of the Russian Ministry of the Interior. On the cessation of the epidemic, after the lapse of ten days from the death or recovery of the last patient, the same Department must be advised of the fact by telegram, mention being made, at the same time, of whatever sanitary precautions have been adopted by the local authorities.^ A copy of each of these telegrams must be sent by post to the First Department of the Russian Ministry of Foreign Affairs, mentioning that the same information has been forwarded to the Medical Department. All other information of a less urgent character must be sent by letter and addressed to the First Department of the Russian Ministry of Foreign Affairs only, where all matters dealing with the plague are dealt with. Informa- tion regarding the plague, such as circulars, bulletins, reports, news- paper cuttings, and so on, must be forwarded to the said Department in duplicate, except when, from the voluminous character of the communication, it would be inconvenient to do so.'"^ According to the Code of Medical Regulations, in case of the out- break of plague, yellow fever, Asiatic cholera, &c., the country where such an outbreak occurs is declared in be in an insanitary condition, and all vessels, without exception, arriving from ports of that country, are subject to the rules of quarantine. In the case of other diseases, Quarantine, such as typhoid, small-pox, &c., such measures are only applied to the vessel immediately concerned, while the country from which the vessel has come is not declared to be insanitary.^ In order to enable the Finnish Senate to take the necessary pre- Reports on cautions to prevent the introduction into Finland of infectious diseases jq Finland, of animals, Russian Consuls are required to inform, not only the respective Ministries, but also the Finnish Senate, of all outbreaks of such diseases in their Consular districts.^ Consular Officers residing in Central or Western Europe must, on the appearance of epidemics in their Consular districts, report the same not only to the ministries of Foreign Affairs and of Finance and to the Home Ministry, but also to the Governor-General of Warsaw and the Governors of the Province of Courland, of the South-West Province and of Bessarabia.^ Consular Officers residing within the Ottoman Empire, in Persia ^ § ^8. . OnfirJi Till TIP and in India are required to report cases of epidemics within their districts of Consular districts to the three Ministries mentioned above and also Odessa, to the Russian delegate at the Sanitary Council at Constantinople,*^ Th^odosa^ ^ Circular of the I. Department of the Russian Ministry of Foreign Attairs of the i8th June 1901, No. 2969. " Circular of the I. Department of the Russian Ministry of Foreign Afifairs of 26th May 1901, No. 2491. ^ Code of Medical Regulations, Art. 935. * Circular of the II. Department of the Ministry of Foreign Affairs of 5th November 1877, No. -^— . 232 ^ Code of Medical Regulations, Art. 863. ' Circular of the II. Department of the Ministry of Foreign Affairs of 5th December 1892, No. 2M^_ 23 §§ 47, 48. 64 REPORTS ON EPIDEMICS. P. III., Ch. I. and the heads of the quarantine districts of Odessa, Kertch and Theodosia.^ According to the decisions of the Commission estabhshed by Imperial decrees of 27th December 1899 and 12th March 1902 for the prevention of infection with plague and the measures to be taken against its propagation, all vessels coming from foreign ports which are infected with cholera or plague, and arriving at one of the Russian ports of the Black Sea, are subject before being admitted into such ports to a term of quarantine at Theodosia. Vessels from ports which are not infected with cholera or plague are admitted for disinfection at the quarantine at Odessa.'^ §49. Quarantine Station at Kensb. CHAPTER II. — Measures for the Prevention of THE Spread of Infectious Diseases in the Baltic Ports. The protection of the shores of the Baltic Sea from plague and yellow fever is entrusted to the Swedish quarantine station at Kenso (in the Cattegat). The arrangement is, that with regard to vessels destined for Russian ports, their cargoes, crews, &c., &c., the Kenso quarantine authorities shall observe the same rules as are prescribed by Swedish quarantine law for vessels proceeding to Swedish ports.^ All vessels proceeding to Russian Baltic ports* or to ports in Fin- land, if coming from Morocco, Tunis, Algiers, Egypt or any other foreign country situated on the shores of the Mediterranean or Black Seas, are required to produce a Bill of Health granted at the port of sailing and attested by a Russian Consul, or agent, or, in the absence of such, by a Swedish Consul or, if there is no Swedish Consul, by the Consular Officer of some other State, as may be decided by the Ministry of Foreign Affairs.^ In the event of the same vessel calling at any other port or ports in one of the countries mentioned above, the Russian Consular Officer 1 Circular of the II. Department of the Ministry of Foreign Affairs of gtli March 9184 1877, No 386 2 Letter of the Russian Ministry of the Interior of 21st April 1904, No. 621, to the Russian Embassy in London. 3 Circular of the II. Department of the Ministry of Foreign Affairs of ist May 3010 1865, No. 160 * Code of Medical Reg., Art. 1217. ^ Ibid., Art. 1218 : Imp. Decree of 14th November 1871, with regard to rules of quarantine as applied to Finland ; circular of the Ministry of Foreign Affairs 8947 of November 23rd, No. — , note. 49. p. III., Ch. II. PREVENTION OF INFECTIOUS DISEASES. 6= or agent, or other authorised person, must endorse the Bill of Health, with a declaration as to the sanitary condition of the port.^ In times of complete freedom from plague, when the fact of such freedom is announced in the publications of the Swedish Govern- ment, all vessels, from whatever country they may come — with the exception of Morocco, Tunis, Algiers, Egypt and other countries in the Mediterranean or Black Seas that are under Turkish rule — are at liberty, if the same permission is accorded to vessels proceeding to ports in Sweden, to proceed directly to Russian ports in the Baltic, or to ports in Finland, where they are admitted without detention. Vessels arriving from the countries specially excepted above, or such as may have called at the ports of such countries while on the voyage, are not permitted to enter Russian Baltic ports or to moor in Finnish waters unless they produce the Bill of Health described above or observe the quarantine formalities at Kenso, as prescribed by Swedish law for vessels proceeding to Swedish ports. In the latter case they must produce a certificate from the quarantine authorities as to their satisfactory sanitary condition.'^ In times of plague, or when there is a suspicion of the existence of plague, and when, by the pubhcations of the Swedish Government, certain localities are declared to be infected or doubtful, all vessels proceeding from such localities or ports are required to enter the Swedish quarantine station at Kenso (Cattegat), to undergo the examination prescribed by the quarantine regulations, and obtain a clean certificate of health from the quarantine authorities, without which they will not be permitted to enter a Russian port.=^ Consuls are invited to inform the captains of vessels proceeding to Russian Baltic ports that they can obtain information from all Russian Consular Officers at seaports situated on the shores of the German Ocean and the Enghsh Channel, i.e., London and the ports on the south-east coast of Great Britain and the French, Dutch, German, and Danish ports, as to all publications of the Swedish Government relating to places which that Government has declared to be infected with the plague or to be doubtful.* Vessels sailing in times when plague is either known or suspected to exist, from ports which the Swedish Government has pronounced absolutely free from infection, are permitted, when provided with clean Bills of Health, to proceed direct to their port of destination in the Baltic, without calling at Kenso. They are, however, hable to an enquiry, as to whether they have communicated with any vessel while on the voyage from the port where their Bill of Health was attested, to their port of destination. If, on enquiry, it appear that the vessel has had no such communication on the voyage, she is per- mitted to enter the port without delay. In the opposite case the vessel may be prohibited from communicating with the shore for §50. Sanitary Protection oi Baltic Ports and Finland. ^ Code of Med. Reg., Art. 12 19. 2 Code of Med. Reg., Art. 1220. ^ Ibid., Art. 1221. * Circular of the Ministry of Foreign Affairs of the ist May 1865, No. 3010 160 §50. 66 PREVENTION OF INFECTIOUS DISEASES. P. iii.. Ch. ii. a longer or shorter period at the discretion of the port authorities, or, in case of grave suspicion, she may be ordered to proceed to Kenso and there be placed in quarantine, through the Russian Consular Officer or Commercial Agent. The enquiry described above is instituted by the Head Customs Officer at the time when he receives the passports and other ship's papers.^ Consuls and Agents are required, further, to take especial pre- cautions that no vessel should be provided with more than one Bill of Health. If the document is old or damaged, or if it is covered with writing to an inconvenient extent, it should be taken from the captain and a new one made out, stating briefly the port of original sailing of the vessel and the substance of any remarks or endorsements made subsequently.^ According to the quarantine regulations of Kenso, the Consular Officer at the port of saihng must state, in a prominent part of the Bill of Health, whether there have been recent cases of plague or of yellow fever in the locality, or of other diseases which, under the quarantine regulations, determine whether the port of sailing of a vessel may be regarded as satisfactory from a sanitary point of view, or the reverse, and which regulate the granting of clean or unclean Bills of Health. At the same time and in view of the fact that the quarantine station at Kenso has only undertaken to protect the Russian Baltic ports from infection with plague or yellow fever, the Consular Officer is required to mention in a less prominent part of the Bill of Health, such as a footnote, any cases of other infectious diseases, such as cholera, typhoid fever, small-pox and the like, as have recently occurred, in order to enable the sanitary authorities at the port of the vessel's destination in Russia to take the requisite measures for the prevention of the spread of such diseases. ^ CHAPTER III.— Bills of Health. § 51. Ships of foreign nationality, arriving at ports in the Russian Empire, H^^ Uh^ are required to produce Bills of Health attested at the port of saihng by Russian Consular Officers. Such Bills of Health are not obligatory from ports of call.^ Consular Officers are permitted to grant Bills of Health, or to ^ Code of Med. Reg., Art. 1222. 2 Ibid., Art. 1223. 3 Circular of the II. Department of the Ministry of Foreign Affairs of ist May 1865, No. 3°1° ■^ 160 * Decree of the Committee of Ministers, No. 10,664, confirmed by His Imperial Majesty on the 27th May 1894 ; circular of the Russian Ministry of Foreign Affairs of July 4th 1894, No. 5279, ^51. p. III., Ch. III. BILLS OF HEALTH. 67 attest sucli Bills granted by local authorities. In the former case the following form must be used.' Imperial Arms of the Imperial Russian Consulate. COUNTERFOIL. No. No. at Name of vessel W The Imperial Consulate certifies here- Class of vessel !< with, that the ship class, Flag ^ flying the flag of . Tonnage in ... . tons net register, commanded Cargo g by Captain sailed from Captain O this port with a cargo of Sailing master ^ having on board .... persons of Ship's doctor <; her crew and .... passengers. Of Number of crew co these are ill. The rest Number of passengers ^ of the crew and passengers are .... Number of sick persons on i^ The state of public health at the port and board ^ in its neighbourhood is (Particulars of the sanitary "^ In witness whereof, the present Bill of condition of the vessel P^ Health has been granted and duly sealed and the locality.) Free ^ and signed, from (plague, yellow ^ (Date) fever and Asiatic (Seal) cholera.) Consul, (date) Consul : In consular practice the question often arises as to whether Bills of Health are obligatory for all vessels sailing from abroad to Russian ports. An official letter from the Section for Commercial Shipping, of the Ministry of Commerce and Industry, dated the 23rd June 1904, No. 2499, to the Consulate at Newcastle-upon-Tyne, contained the following explanations on this head :— " According to Art. 854, Note 3, and § 16 of the annex to that " Article,^ Bills of Health are obligatory for all vessels arriving at " ports in the Black and Caspian Seas, from whatever ports they " have come." " In the Baltic Sea, the production of Bills of Health is only " obligatory for ships arriving from Egypt or other Turkish provinces " of the Mediterranean or Black Sea.^ Ships arriving from countries " which are absolutely free from plague or epidemic disease, and " which are acknowledged as being so by the Swedish Government, " are at liberty, if the Swedish Qovernment extends the same right " to ships bound from the same countries for Swedish ports, to pro- " ceed to the Baltic ports of the Russian Empire, and are there " admitted without detention.* Vessels arriving at Russian Baltic ^ Circular of the Russian Ministry' of Foreign Affairs of 6th Xovember 1892, No. '-M8. 1 60 2 Code of Medical Regulations, Ed. 1905. ^ Code of Medical Regulations, .\rt. 1056. * Ibid., Art. 1058. §6L 68 BILLS OF HEALTH. P. iii., Ch. hi. " ports are, therefore, not obliged to produce Bills of Health, if they " come from ports which are known to be free from epidemic disease."^ For the White Sea, Bills of Health are obhgatory for all ships, whatever ports they may have come from.* German vessels arriving at Russian ports in " ordinary times," viz., in times when there are no epidemics of plague, cholera, or yellow fever, are freed from the obhgation of producing Bills of Health.^ In consular practice it often happens that clean Bills of Health issued by the local authorities are vise by Russian Consular Officers, who state actual facts, as, for instance, the occurrence of small-pox, plague, and other infectious diseases. In issuing clean Bills of Health, of course, the authorities have at heart the interests of local trade, but it is the duty of the Consular Officer in issuing Bills of Health, or in giving his vise to such, to state the actual facts to the best of his knowledge, and quite independently of the local authorities, in order to give correct information to the authorities of the country he represents. In so doing he does not decide for himself the question whether the port at which he resides is to be regarded as infectious or not by the authorities in Russia. This is exclusively within the rights of the latter. For instance, the Russian Consul at Newcastle-on-Tyne reported to the Medical Department and the First Department of the Ministry of Foreign Affairs the epidemic of small-pox and cases of plague in the Tyne in 1905, but the authorities in Russia did not declare the Tyne to be infected with small-pox or plague. Thus the statements of the Consul made in accordance with the Consular regulations on the Bills of Health concerning the cases of small-pox and plague, did not interfere with the English trade with Russia. ^ This explanation seems to be in contradiction to the Circular of the II. Department of the Ministry of Foreign Affairs of ist May 1865, No. , quoted in the preceding § 50 of this Guide. 2 Letter of the II. Department of the Russian Ministry of Foreign Affairs of the 28th August 1903, No. 9890. ^ Decision of the Emperor of Russia on the report of the Minister of the Interior on the 9th September 1904. Circular of the II. Department of the Ministry of Foreign Affairs, of nth October 1904, No. 10,830. I 51. 69 PART IV. Documents. CHAPTER I. — Certificates of Origin of Goods. Goods imported into Russia from countries which have concluded ^ 52. commercial conventions with the Empire, are subject to the so-called Certificates Conventional Customs Tariff, while goods imported from other coun- good""'^ tries come under the ordinary tariff. Further, in times of tariff-war between Russia and other countries, higher duties are levied on goods originating in those countries. Goods imported from countries which levy a higher import duty on Russian than on any other goods are, in like manner, charged higher customs duties than those imported from other countries. It is, therefore, important to prove the origin of goods paying lower import duties in Russia. According to the Regulations of the Russian Minister of Finance of the 3rd Feburary 1901, relating to the documents necessary to prove the origin of goods exported from States enjo3dng in Russia the privileges of the most- favoured nation clause, such proofs may be : — 1. Invoices or original letters from manufacturers, or their repre- sentatives, duly legaHsed by the Russian Consular Officer of the district, or by the municipal, county, or police authorities of the place of manufacture ; or 2. Certificates of origin issued by the Russian Consular Officers, by the local Chamber of Commerce, by the municipal authorities, by the police, or by the local custom house. From these Regulations it will be observed, that if the documents enumerated have been legalised by the local authorities, it is un- necessary to have them attested by Russian Consular Institutions. The above papers proving the origin of goods imported into Russia must contain particulars as to the number of packages of goods, their marks and numbers, and their gross and net weights, and a technical and -commercial description of the goods. If the goods enter Russia directly from their country of origin, it is only necessary to produce one of the aforesaid documents at the Customs. If they enter Russia from a country w^hich is not their country of origin, it is necessary to produce the original invoices or letters of the manufacturers of the goods or duly legalised copies of such documents, showing the marks, numbers, gross and net weight, quaUty and quantity, and trade marks, if any, of each package or bale or parcel of goods. By the term " direct importation of goods into Russia from the § 53. country of their origin," must be understood: {a) the importation ^^^^^.^™' , of goods by sea from a port of the country of origin to a Russian port, goods, without transhipment or unloading in the port of a third country ; §§ 52, 53. 70 CERTIFICATES OF ORIGIN OF GOODS. P. iv., Ch. i. Indirect im- portation of goods. §55. Customs duties on Ceylon and Indian teas. (b) the importation by rail with direct invoices, i.e., by invoices naming the place of dispatch in the country ol origin of the goods and the place of their destination in Russia, even though the goods may pass through otheT countries. By the term " indirect importation " of goods into Russia from the countries of their origin, through countries in respect of which increased duties are not levied, it is to be understood : {a) the im- portation of goods with transhipment or unloading in a port of one of such countries, in order that they may be forwarded from such port to Russia, either by rail or by sea ; {g) the importation of goods by rail, not by direct invoices, i.e., by invoices naming as point of dispatch some place in the country through which the goods have to pass in order to enter Russia.^ The Consular fees for drawing up, or legalising, certificates of origin of goods loaded by ships, are levied in accordance with Art. 26 of the Consular Tariff ; for drawing up certificates of origin of other goods — in accordance with Art. 5, and for legalising such documents in accordance with Art. g. Certificates of origin of French and Italian goods are drawn up or attested free of charge, there being an agree- ment as to reciprocity with these countries. In consequence of the raising of the customs duties on Ceylon and Indian teas imported into Russia by way of her European frontiers, an Imperial order of the 15th August 1903 provides that the origin of teas on which import duties are paid may be proved as follows : — 1. By the production of invoices or letters from the consignors, whose signatures have been attested by local Russian Missions, Con- sulates, or Consular Agencies, the documents being stamped with their official seals. 2. By the production of certificates of origin issued by the local Russian Missions, Consulates, or Consular Agencies and bearing the official seal. The aforesaid documents must contain particulars of the number of parcels of the goods, their marks and numbers, and the net and gross weight. If the goods are imported into Russia directly from the country of their origin, it is sufficient to produce one of the afore- said documents. When the goods enter Russia indirectly from the country of their origin, the invoices or letters mentioned above must be produced either in the original or in duly certified copies. An explanation from the Department of Customs Duties of the ist Novem- ber 1903, No. 32,190, states, that in such cases, invoices and letters issued by the proprietors of depots (in Amsterdam, Hamburg, London, &c.) will be accepted as sufficient. In the case of teas proceeding from custom house depots, it is necessary, in addition to the above documents, to produce certificates issued by and stamped with the official seal of such depots, to the effect that the parcels of goods in question, having been imported from the country of their origin, have not left the custody of the depot until the moment of their export to Russia. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs 7392 of the 24th September 1893, No. 334 §§ 54, 55. p. IV., Ch. I. CERTIFICATES OF ORIGIN OF GOODS. 71 The aforesaid documents proving the origin or the place of dispatch of the goods, may be produced to the Russian customs officials, either at the time of the import of the goods into Russia together with the B/L, &c., or when making declaration with a view to paying a lower tariff duty, in which case the place of origin of the goods must be shown in the column reserved for a description of the quality of same. In order to pay duty on goods on a lower tariff than that originally fixed, either a declaration of the goods must be made, corresponding to the particulars in the invoice, letter, or certificate produced with the declaration, or the corresponding paragraph in the declaration must show which certificate of origin or dispatch applies to the parcels of tea declared in such paragraph. If these conditions are not observed, the declaration is returned to the applicant for alteration, and only when the data have been supplied in full can the payment of duty on a lower tariff be permitted. The rules to be observed in certifying the origin of goods have ^ ^°* been modified in consequence of the outbreak of the European War, ^ • ^^^A by a resolution of the Committee of Ministers of i6th December 1914.^ war. According to this, goods from Germany, Austro-Hungary, and Turkey are charged under the ordinary customs tariff, 100 per cent, more than goods which come from other countries. In order to avoid this surtax, goods from allied and neutral countries must be accompanied by certificates of origin, except in the case of : — Foodstuffs and Animals. Rice, husked and unhusked. Groats. Spices. Coffee, raw in the bean, and coffee roasted, in the bean or ground. Cocoa in the bean and cocoa husks — whether raw or partly roasted. Tea. Fish, fresh ; and salted or smoked herring. Animal Products and Wares thereof. Hides and skins undressed ; of bulls, oxen, cows, calves, camels, buffaloe, horses, asses, pigs ; skins of fish or amphibious animals. Hides and skins, dressed, and parings thereof. Leather belting for machinery, sewn or unsewn. Wooden Wares, Vegetable Products, etc. Wooden parts of machines and apparatus. Castor seeds and copra. Stone and Ceramic Wares. Fluor spar, even if crushed. Natural whetstones, in rectangular or circular shape, mounted or not. Grinding and polish substances, and articles manufactured therefrom ; graphite, carbons for electro-technical purposes, gas mantles, ready • for use ; lubricating, poUshing and adhesive compounds. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 30th March 1915, Xo. 3577. 56. 72 CERTIFICATES OF ORIGIN OF GOODS. P. iv., Ch. i. Mineral Fuels, Resins, Gums, etc. Colophany or white resin. Mineral asphalt, ground or not. Liquid products distilled from naphtha (petroleum). Caoutchouc (rubber) and gutta-percha, crude, and caoutchouc (rubber) waste. Camphor, crude. India-rubber (caoutchouc and gutta-percha), prepared and manu- factured. Chemical Materials and Products. Sulphur, crude, unrefined in lumps. Antimony, crude and metallic. Chile saltpetre (nitrate of soda). Chloride of lime. Sulphuric acid. Nitric acid. Iodine, bromine, barium chloride, nitrate of soda, purified boric acid, in crystals, as a powder, or as an anhydride ; acetate of lead (sugar of lead), acetate of soda, whether liquid or not ; chlorate of potassium, (Berthollet's salts), and chlorate of sodium ; chlorate of iron ; calcium carbide ; benzol and naphthaline, purified ; resinous soaps and salts of resin acid ; oxalic and lactic acids ; carbolic acid, or in the form of a transparent liquid ; cream of tartar, refined ; wood spirit, and acetone. Napthols and sulphonic acids. Peroxide of hydrogen. Tanning materials and tanning extracts. Dyewoods in logs and blocks, and also grated or chopped up. Catechu (cutch). White lead and zinc white. Ores, Metals and Metal Wares. Metallic ores and minerals. Cast iron in pigs, scraps and filings (including ferro-manganese, ferro- silicon, and f errochrome) . Iron, in bars, etc., billets, steel scraps, sheet-steel, steel plates shaped pro-steel, hoop-steel. Copper, aluminium, nickel, cobalt, bismuth, cadmium and other unspecified metals ; chrysocolle, tombac, argentan (German silver), Britannia metal, and all other unspecified metal alloys — all the above whether in pigs, ingots, shavings, filings, scrap or powder or in bars, rods and sheets. Tin — in pigs, rods or scraps, or in sheets, amalgam for mirrors ; sheets of lead coaked with tin. Lead — in pigs or scrap ; litharge ; silver litharge ; slag ; in rolls, sheets, wire or piping. Zinc — in pigs, scrap or powder, zinc slag and zinc dust ; in sheets or rods. Manufactures of copper, aluminium, nickel, cobalt, etc. and alloys, viz. : articles not ornamented in relief, not engraved or stamped articles, even if combined with wood, iron, tin plate, leather or other common materials. Cast iron wares in the rough or worked. Iron and steel manufactures, wrought, stamped, moulded — not specially mentioned ; forged nails. §56. p. IV., Ch. I. CERTIFICATES OF ORIGIN OF GOODS. 73 Iron and steel boilermakers' wares, such as steam boilers and similar apparatus, boilers, reservoirs, tanks, boxes, sections of bridges ; also all unspecified manufactures of sheet-iron or steel ; pipes and their connecting pieces of iron or steel. Iron and steel manufactures (unspecified) worked, turned, polished, ground, bronzed or otherwise elaborated, even with parts composed of wood or of copper or copper alloys. Wire : — of iron or steel, or of copper or copper alloys, aluminium, nickel, cobalt, bismuth, cadmium, etc. ; of chrysocolle, tombac, argentan, Britannia metal, etc. Wire manufactures, viz. : — Manufactures of wire of iron or steel, or of copper, copper alloys, aluminium, nickel, etc., etc. Electrical cables of all kinds. Cutlery of any kind, and for any purpose (except machine knives, etc.), in mountings of common materials, prepared from iron, steel, copper, copper alloys, etc., etc., also scissors or pincers provided with even or notched blades ; knife blades ; and forks without handles, finished or not. Scythes, bills and sickles ; straw choppers, shovels, spades, pitchforks, rakes, hoes, picks, spuds, and matlocks. Hand-tools for use in trades, crafts, arts and industries. Machines and apparatus, complete or incomplete, fitted together or in parts. Instruments and apparatus — Astronomical ; optical (except spectacles, eye-glasses, opera-glasses, and binoculars), physical, chemical, and mathematical, geodetical and drawing ; instruments, etc. for medical purposes ; manometers, vacuometers, indicators and measuring apparatus ; magic lanterns and other lanterns for picture projection ; photographical apparatus ; geographical globes ; glasses for spec- tacles, and opera-glasses, burning glasses, magnifying glasses, and all kinds of optical glasses ; electrical current interrupters, commu- tators, safety cut-outs ; holders for electrical incandescent lamps, rheostats and commutators of all kinds, fitted together or in parts ; telegraphic and telephonic apparatus ; electrical and pneumatic bells and accessories for electrical signalling. Electro-technical measuring appliances (ammeters, wattmeters, volt- meters, and calculators). Separate parts of motor cars and motor cycles. Automobiles and motor cycles. Cellulose. Cellulose. Textile Materials and Wares thereof. Raw cotton, and raw jute. Wool, and hair, uncombed, unspun ; wool combings and waste. Felts or felted tissues of cotton, pure or mixed with wool, for use in factories and workshops. Twine of Manilla hemp or sisal, for sheaf binding reapers, whether imported separately or with the machine. Jute and linen sacks, also coarse jute tissues for sacking or packing. Machine belting of hemp or cotton. Felts of wool, or felted tissues of wool, pure or mixed with cotton, for use in factories. Tissues of wool and half-wool and cloths for use in factories or workshops. Transmission belts of camels' hair. §56. 74 CERTIFICATES OF ORIGIN OF GOODS. P. iv., Ch. i. The following documents are a sufficient proof of the origin of goods : — 1. Certificates of Origin issued by: (a) Russian Embassies, Lega- tions, or Consular Offices, mentioning particulars as to the number of packages, the marks and numbers which they bear, their gross and net weight, and the description of the goods in accordance with technical or commercial nomenclature, (b) Chambers of Commerce or communal authorities with their seal affixed, provided that such certificates have been legalised by a Russian Embassy, Legation, or Consular Office, and that one of the latter certifies the origin of the goods, (c) Custom Houses through which goods are exported from the country of the origin of the goods, provided that such certi- ficates have been legalised as above. 2. Accounts, invoices or letters of manufacturers or proprietors of factories, wholesale merchants, traders, commissioners or artisans provided that such have been legalised as above, adding that one of the above-mentioned persons are indeed proprietors of the establish- ment or firm on behalf of which the certificates of origin are issued. When goods arrive in Russia by transit through other countries, or after having been transhipped at intermediate ports : — 1. Those which are imported from Customs warehouses must be accompanied by certificates issued by the customs officials of the place of dispatch, and stamped with the official seal attesting that the goods in question arrived from its country of origin and remained under the surveillance of the said Customs Officer until the moment of its exportation. 2. When such goods have been bought in the market of allied or neutral countries, the certificates issued by the Russian Embass}', Legation, or Consular Office must not only mention the country of the origin of the goods, but also that they have not entered nor passed through German, Austro-Hungarian, or Turkish territory, nor have they been transhipped at a post or roadstead of one of these countries.^ An exemption to the above rules has been made in the following case^ : — Certificates of origin are dispensed with when foreign goods arrive in Russia direct from allied countries, also when foreign goods are dispatched to Russia from allied countries by parcel post. The fee for delivering certificates of origin or legalising the same varies in accordance with the following circumstances. Certificates of origin of goods that are to be shipped on board Russian ships which have paid tonnage and shipping dues to the Consular Office for the prospective voyage, are given free of charge. If such dues have not been paid, then the charge for the certificate of origin is 6s. 5d. If the goods are dispatched by sea in accordance with Art. 26 of the Consular Tariff, then the fee for the certificate of the origin of the same is 9s. yd. By an exchange of diplomatic notes between the Russian Ministry of Foreign Affairs, and His Britannic Majesty's Ambassador at Petro- 1 Regulations on certificates of origin of foreign goods : Collection of enact- ments and provisions of the Government of 27th March 1915, No. 95, page 1162. '^ Circular of the Department of Customs of the Russian Ministry of Finance, of 4th July 1915, No. 14,227. §56. p. IV., Cii. I. CERTIFICATES OF ORIGIN OF GOODS. 75 grad, on the I3th/i6thjuly 1915, it has been arranged that from the igtli July/ist August 1915, certificates of origin of goods which are dispatched from Great Britain and the British Empire to Russia, are to be deUvered or certified free of charge. But, if the document in question is a bill of lading, then its legisla- tion must be charged in accordance with Art. 25 of the Consular Tariff, and Subsection 28 of the Explanatory Notes to the Tariff. (Part 8, Chapter III. of this " Guide.") Bills of lading referring to Coal are charged with the Consular fee of 3 roubles only, there being no change in this respect. CHAPTER II. — Visa of Passports. Every foreigner who wishes to enter Russia, whether by sea or by land, must be provided with a passport issued by the competent authorities. Foreigners permanently residing in Russia, who have received from the authorities in Russia passports for travelling temporarily abroad, may return to Russia on such passports, which^ passports do not require the Consular visa. Foreigners from the Transcaucasus, arriving in Russia by way of the Asiatic frontier, must be provided with passports issued by Russian Legations or Consulates." Foreign ministers of rehgion entering Russia from Turkey must be provided with passports issued by the Russian Ambassador at Constantinople. All other foreigners must be provided with national passports . § 57. issued by the competent authorities of their country and vise by a passports Russian Legation or State Consulate.^ The Consular vise must mention in the Russian language the name or names of the persons to whom the passport has been issued.* When affixing their vise to passports of prospective travellers in Russian Central Asia, Russian State Consular Officers must acquaint them in writing, or orally, that they must apply for permission to their diplomatic representative in Petrograd, and must give at least three weeks' notice. This communication must not be done by writing on the passports.^ Passports of foreigners who apply for visa of same to Elective Consular Officers must be sent to the State Consul to whom the ^ Passport Reg., Art. 215. * Ibid., Art. 218. ^ Ibid., Art. 217. The passport must be issued by the chief officials. Pass- ports issued by subordinate officials and magistrates cannot be vise. Passport Reg., Art. 220. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 19th July 1907, Xo. 9746. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of 1 2th January 1909, No. 204. A letter of that department to the Russian Consul- General in London, 26th July 1912, No. 5941. §57. 76 VISA OF PASSPORTS. P. iv., Ch. ii. Elective Officer is subordinate, accompanied by the fee, the amount of postage and a declaration as to the religion of the applicant. Russian passports can be vise by State as well as by Elective Consular Officers,^ using the following form : — N° Produced at the Imperial Russian (Vice) Con- sulate at and attested as valid for bearer(s) .... day 19 (Vice) Consul The bearer of the passport is not required to present the document in person ; this can be done either through the post or by messenger. The passport to be vise must be valid, and, if issued for a stated period, that period must not have elapsed. Its contents may not be altered or amended in any way by a Russian Legation or State Consulate, the competency of which is restricted to the visa. The visa is valid for six months, counting from the date of the visa. From that date the bearer of the passport is at liberty to cross § 58_ the frontier repeatedly without a new visa. After six months have Visa o£ elapsed, the passport requires to be vise anew in order to permit ^f^f^°s ^^^ bearer to enter Russia. The same rules apply to Jews. They are, however, limited in another sense, viz. : the visa on their pass- ports allows them to remain in Russia not longer than six months,^ counting from the day on which the bearer of the passport crosses the frontier, and provided : — 1. That the bearer is sole member of, or a partner in, a business firm located in the district of the Consular Officer granting the visa. He is therefore required to produce, together with his passport, which must be in every respect valid, an extract from the local register of trading firms for the current year, in proof of the fact that he is such sole member of, or partner in, a registered local firm ; or 2. That he is travelling as the representative of such local firm. In the latter case he is required to produce, in addition to his pass- port, a power of attorney, in duplicate, given by the firm in his favour, of which one copy remains in the Consular archives and the other must be attested by a Notary Public and afterwards legalised by a Russian State Consul. In addition there must be produced an extract from the local register of trading firms in proof that the person or persons granting the power of attorney is or are actually the sole member of or partners in a registered local firm. Women of the Jewish faith are subject to the same rules. The Consular visa on the passports of foreign Jews is worded in Russian as follows : Vise to the bearer (Austrian, German, &c.) subject, the Hebrew (name and surname) travelHng to Russia for a period of six months on commercial business as (agent, representative, &c.) of the firm of . . . engaged in trade as (the special trade must be named). The said firm is registered according to the laws of the land in the district of the Consulate entrusted to me. (Signature of the Consul.) In the complementary convention of the i5th/28th July 1904, ^ See Part VIII., Chapter i, " Explanatory notes to Consular Tariff." 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 9th March 1906, No. 2800. §58. p. IV., Ch. II. VISA OF PASSPORTS. 77 to the treaty concluded between Russia and Germany on the loth February 1894, the period of six months for the visa to be granted to German commercial travellers of the Jewish faith is specially mentioned. Instead of the words " the Hebrew " (name and surname) the words, " Mr. (name and surname) of the Jewish religion " may be used. If a Hebrew declares that he does not belong to the Jewish religion without having joined another, the visa must be given in accordance with the following form : — " The Hebrew (name and surname)."^ Russian Jews are allowed to join the Christian religion or any denomination admitted in Russia, but Hebrews are not at liberty to leave their religion without becoming members of another religion recognised by the law. On the other hand, after their arrival in Russia, when foreigners are supplied with Russian passports, as provided by the law, they are obliged to make a declaration as to their religion. The majority of Jews proceeding to Russia being commercial travellers, it may be useful to refer to the rules to which they are subject when within the Empire. They are required to provide themselves, from the Customs authorities on the Russian frontier, with certificates as commercial travellers of the first class, paying § 59. the legal fee for same. These certificates are vaHd until the 1/14 tra^eUers!^ January of the following year and are annexed to the traveller's national passport, together with a certificate of identity. These documents must be presented to the Government Board (Kazennaya Palata) or to one of the Tax Inspectors (Podatnye Inspektory) of the place which the traveller visits first, and, when they have been duly approved, and the firm which the traveller represents has provided itself with a trade certificate, he is allowed to begin operations. Such of the traveller's effects as are subject to customs duty and the samples of goods which he carries with him, are free of duty if he re-exports them not later than one year after their importation. In affixing his visa to the passport of a commercial traveller of the Jewish faith, who has previously been in Russia in such capacity, the Russian Consul must mention the number of the aforesaid certificate of identity, and the place where, and the official by whom, it was issued. By the complementary convention of I5th/28th July 1904, to the treaty concluded between Russia and Germany on the loth February 1894, the legal fee for certificates as commercial travellers of the first class was fixed at 50 roubles for a period of one year, and 25 roubles for the next half year. The fee for the trade certificate for the firm which the traveller represents amounts to 150 roubles for one year and 75 roubles for the next half year. However, it is admissible that the aforementioned trade certificates be taken out ^ Regulations for the prevention and suppression of crime ; Svod Zakonov, Vol. XIV., Ed. 1890, Sections 75 and 84. Code of Regulations relating to the affairs of foreign religious denominations. Svod Zakonov, Vol. XI., Part i, Ed. 1S96, Sections 5, 6 and 7. §59. 78 VISA OF PASSPORTS. P. iv., Cn. ii. in the names of the person who is travelUng to Russia, and in such a case no certificate as a commercial traveller is required. Hebrews who desire to have their passports vise, and who are not partners in a registered local trading firm, or who are not being sent out to represent such a firm, can apply by letter, or in urgent cases by telegram (R.P.), to the Department of General Affairs of the Russian Ministry of the Interior, naming the town they wish to visit, stating the proposed duration of their stay in Russia, and the object of the journey, and requesting that Department to authorise the Russian State Consul at the place to be named by them, to put the vise to their passport. Such requests are generally complied with when important interests of trade and commerce are involved. Otherwise permission to foreign Hebrews to enter Russia, for instance, for the purpose of visiting relatives or friends, is usually not granted. If their request is granted by the said Ministry, unconditionally, their passports can be vise for a period of three months counting from the date at which the request has been granted. After the lapse of three months, and in case another journey to Russia is con- templated, a fresh application to the Department of General Affairs of the Russian Ministry of the Interior for the vise of the passports must be made.^ All questions of law regarding Hebrews are dealt with by the Department of General Affairs of the Ministry of the Interior." An exception to the above rules is made in favour of foreign Hebrews who are personally known to the Russian State Consuls as occupying high positions in the commercial world, or as being the representatives of first-class commercial or banking firms, such as Rothschild, Bleich- rceder, &c. State Consuls must report to the Department of General Affairs of the Russian Ministry of the Interior upon every case of a visa granted to a foreign Hebrew without the previous authorisation of that Ministry.3 Engineers, firemen, and sailors of the Jewish faith forming part of the crews of merchant vessels are also exempt from the restrictions affecting the visa of the passports of Hebrews, their passports not requiring the Consular visa at all, as the crews of foreign and Russian vessels are admitted into territorial waters of Russia without passport merely on the strength of the crew-Hst. Industrial labourers of the Jewish faith, who have been engaged by Jewish firms in Russia are, on that account, allowed to cross the Russian frontier and to fix their abode in Russia. The Russian State Consul, in affixing his visa to their passports, must give them a cer- tificate stating their previous occupation and trade, and by whom and for what purpose they have been engaged to go to Russia. Such industrial labourers of the Jewish faith are allowed to dwell permanently in the pale of settlement of the Jews and are admitted to the oath of allegiance after having been engaged in factories not less than five years, and if the factory owner who engaged them or the ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 15th December 1909, No. 17,062. 2 Circular of the I. Department of the Russian Ministry of Foreign Affairs of 17th April 1906, No. 2225. ^ Passport Reg., Art. 230. §59. p. IV., Ch. II. VISA OF PASSPORTS. 79 authorities give them a certificate stating their good behaviour and witnessing the fact that they are skilled industrial labourers.^ Hebrews who arrive from abroad with the intention of erecting factories and industrial works, with the exception of Spirit Distilleries, can receive the permission to do so in the pale of settlement from the local authorities provided that, when crossing the frontier, they sign an undertaking obliging them to erect such factories and works within a period of three years. They are permitted to become Russian subjects in the ordinary way. In case they do not carry out their undertaking to erect a factory or works within the said period of three years, they are expelled from Russia. The restrictions as to the visa of passports of foreign Hebrews do Karaim not extend to Karaim Jews of foreign nationahty. On the other ^^^^' hand, these restrictions do apply to Jews who, having abandoned the Jewish faith and community, have not joined any other faith. Foreign Hebrews who are entitled to reside permanently in Russia,^ annually pay the tax of the first guild, and obtain the visa in the same manner as persons who are not of the Jewish faith. Foreign priests of the Roman Cathohc and Armenian churches, § 60. and Roman Cathohc monks belonging to missionary orders,^ who m°ni^f^jg gj desire to enter Russia, must address a petition to the Russian Minister religion, of the Interior (enclosing two Russian stamps of i rouble each), giving their address, the place they propose to visit, the length of their pro- posed stay in Russia, and the Consul to whom they will present their passport for visa. If permission is granted, the visa is given to them on condition that they promise, in writing, to proceed direct to the place mentioned in their petition and, after the lapse of the time stated, to leave the country at once, without stopping at any places en route. Ministers of the Anghcan Church who desire to travel to the Caucasus and to Russian Turkestan, must also address a petition to the Russian Minister of the Interior, as above.'* Armenian priests travelHng into Russia from Persia and Turkey for the purpose of collecting contributions for charitable or eccle- siastical purposes, must obtain permission to do so from H.M. the Emperor.^ Foreign ministers of rehgion who desire to enter Russia from Turkey must apply for passports to the Russian Ambassador at Constantinople.^ All other foreign ministers of religion coming from Turkey, must apply for permission to enter the Russian Empire and to reside in it, to the Holy Synod upon which depends the granting or refusing of such permission." ^ Code of Laws relating to the Civil Estates, Ed. 1899, Section 819, II. Anno- tation Svod Zakonov, Vol. IX. 2 Continuation of the Svod Zakonov, Vol. IX., Ed. 1890, Note i to Art. looi. 3 Circular of the II. Department of the Russian Ministry of Foreign Affairs of 2 1st January 1908, No. 864. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 4th October 1886, No. 738S. ^ Passport Reg., Art. 229. « Ibid.. Art. 222. ^ Ibid., Art. 224. §§ 59, 60. 8o VISA OF PASSPORTS. P. IV., Ch. II. §61. Priests of the Greek Uniate Church. §62. Refusal of visa. In examining such applications the Holy Synod takes into con- sideration : — (i.) Whether anything is known to the discredit of petitioner ; (ii.) The object of his prospective coming to Russia ; (iii.) The circumstances which force the petitioner to seek refuge in Russia.^ The only exception is in the case of priests of the Greek orthodox religion from eparchial districts situated near the Russian frontiers, when they are provided with certificates from their superiors to the effect that they are travelHng to Russia with the intention of making a short stay on business connected with their ecclesiastical office, but not for the purpose of collecting money. However, such priests may not be Russian subjects who have embraced the priesthood after leaving Russia ; they are not permitted to remain in Russia longer than three months, and are required to give a written promise on entering the Empire that they will not collect money or travel to any other places than those situated on the line of their journey.* Galician clergymen of the Greek Uniate Church who are desirous of proceeding to the Greek Uniate Eparchy of Kholm must apply to the Administrator of the said Eparchy for a certificate in the follow- ing terms : — " The bearer of this, a priest of the Galician Greek Uniate Church, is proceeding, with my consent and permission, to the Eparchy of Kholm, as I hereby certify by my signature and the seal of the Consistory of the Eparchy of Kholm." On producing this certificate, clergymen of the Greek Uniate Church can obtain the visa of their passports. The visa is refused : — 1. To all persons who are forbidden to enter Russian territory. 2. To all persons who are regarded by Russian Legations or State Consulates as being of bad character. 3. To gipsies, organ-grinders, travelling dealers in chemical products, peddlers in figures of plaster of Paris, and vagrants. 4. To Jesuits. Jesuits who have been expelled from Russia may not obtain the visa even if they produce a certificate to the effect that they have since left the order. =* 5. To nuns of the Order of Immaculata, even those to whom in the year 1907 permission was given to enter the Vistula region.^ 6. To Austrian subjects not of age if there is reason to believe that they accompany itinerant musicians, conjurers and other exploiters.^ 7. To Russian subjects who have become subjects of a foreign 1 Passport Reg., Art. 225. 2 Ibid., Art. 227. ^ Ibid., Art. 219. Circular of the II. Department of the Russian 2249 171 Ministry of Foreign Affairs of 4th April 1866, No. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 2ist March 191 1, No. 3756. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 2ist April 1904, No. 4415. §§ 61, 62. p. IV., Ch. II. VISA OF PASSPORTS. 8i State without having ceased to be Russian subjects. The British authorities grant passports to naturaUsed British subjects with the quaUfication : — " That the bearer shall not when within the limits of the foreign " State of which he was a subject previous to obtaining his certificate " of naturalisation be deemed to be a British subject, unless he has ■" ceased to be a subject to that State in pursuance of the laws thereof, " or in pursuance of a treaty to that effect."^ 8. To persons in whose passport mention is made of their travelling abroad for the practice of the profession of a veterinary surgeon or of a doctor of medicine."' The visa of tlie passports of foreign Armenians is given bj- State consent on the condition that there are no doubts of their political trustworthiness. All foreigners desirous of visiting Russian Central Asia for com- mercial purposes or as private travellers, must first obtain permission to do so by appl3dng to their Ambassador in Russia who will com- municate wdth the Russian Foreign Ofhce.^ The visa can be obtained from any Russian Legation or State Consulate, on any valid passport issued by the competent authority of any nationality whatever. Persons who have in a lawful manner ceased to be Russian subjects and have left the Empire, can only obtain the \'isa of their passports after the expiration of five \^ears from the da}' they leave Russia.* It is essential that passengers on board ships proceeding to Russia should be provided with national passports duly vise by a Russian Consul. ^lembers of the crew are admitted into the country on the strength of the ship's crew-list. It sometimes happens, however, that ordinary travellers who are not seamen are entered on the crew-list, and thus attempt to enter the country on the pretence of being seamen. Consular Ofhcers must endeavour, as far as possible, to prevent this form of abuse of the passport regulations. On the other hand, super- cargoes are permitted to enter Russia without passports, provided that their names arc inserted in the crew-lists by a Russian State or Elective Consular Officer.'' Men emploj^ed on boats, ships, and rafts, and coming to Russia § 63. i)y way of the \"istula and Dniester rivers from Galicia, and of the "° ^^^^ .. ' . necessary Xieman and Vistula rivers from Prussia, are admitted on the strength of passports of their papers of identity, which do not require the Consular visa, of raftsmen. on the terms of the Russo-Austrian Treaty, Vienna, 2ist April/3rd ;^,84. May 1815, Arts. 24 and 28, and of the Russo-Prussian Treaty of the p^uggJa ^^^ .--ame date (Art. 28). Raftsmen coming to Russia from Bukovina, Treaty as to however, by way of the river Pinath, are required to present their passports. national passports for visa to the Russian State-Consul at Czcrnowitz. ^ 33 \ict., C. 14. 2 Circular of the II. Department of the Russian Ministry of Foreign Affairs of jth April 1866, No. 2249. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of 1 2th January igog, Xo. 204. ^ Circular of the Russian Ministry of Home Affairs of iSth August 1877, No. ro2. ^ Circular of the II. Department of Foreign Affairs of 2nd March 1S51, Xo. 56. F §§ 63, 64. 82 VISA OF PASS FORTS. P. IV., Cii. ir. §65. Special passport facilities for persons near Russo- German frontier. §66. Passports of foreigners in Russia. Special passport facilities are accorded to persons residing near the frontier. The complementary Russo-German Treaty of the 15/28 July 1904 provided for special passports to be issued free of charge (from the ist April to the 20th December new style) to agricultural labourers proceeding to Germany. These passports do not require the Consular visa. To persons residing near the Russo-German frontier, certificates of identity, available for 28 days, are issued. These certificates have legal validity within 30 kilometres of the frontier and convey the right to their holders to cross the frontier repeatedly at various points. The period of vahchty is counted, by both sides, from the day upon which the certificate is used to enable the holder to cross the frontier for the first time, with the proviso that such certificates lose their force if they are not utilised within 15 days from date of issue. The period of 28 days during which these certificates are valid will in no case be altered as a consequence of New Year's Day falling within that period. Certificates of identity in two languages — • German and Russian — are issued, by either side, exclusively to subjects of the two countries permanently residing in the country in which such certificates are applied for. German subjects had not to pay more than 50 copecks for their Russian passports, in accordance with the afore-mentioned Russo-German complementary treaty. As the purpose of the visa is to certify the fact that the bearer is to be admitted into the country, only such passports are subject to the visa as serve to enable foreigners to enter Russia. On arriving at his destination in Russia, a foreigner is required to produce his passport to the local police. After the expiration of six months from the date of their first crossing the Russian frontier, foreigners residing in Russia must provide themselves with Russian passports (costing 5 roubles and 50 cops.).^ An exception to this rule is made in the case of agricultural labourers from Galicia and Bukovina, who are permitted to make one unbroken sojourn of one year in the Government of Bessarabia, on their national passports on which the Russian Consul, when giving the visa, makes a note to the effect that the bearer is an agricultural labourer travelling in Russia in search of work. The Russian frontier authorities make a note on the passport of every foreigner entering the Empire, stating the time during which he may remain in Russia before he is obliged to provide himself with a Russian passport for foreigners," which is issued for a period of one year. After this time has elapsed, the foreigner must request that a new passport be granted to him.^ On leaving Russia, foreigners are required to obtain from the local police, at a charge of i rouble for stamp duties, &c., a permit to do so, declaring that there are no obstacles to their leaving the Empire. The Russian foreign passport belonging to a foreigner who is about to leave the country must be exchanged for a special ^ Imperial Ukas of 28th July 1900 ; Passport Reg., Art. 139. 2 Circular of the Russian Ministry of Home Affairs of 19th July 1873, No. 105 r. Passport Reg., Art. 139. 3 Passport Reg., Art. 137. §§ 65, 66. p. IV., Cii. II. VISA OF PASSPORTS. 83 travelling passport, to be produced and given up to the authorities at the Russian frontier. Any one neglecting to provide himself with the Russian passport for foreigners after the expiration of six months' residence in the Empire is liable to a fine not exceeding 10 roubles, according to the length of time he has been without it. Before the outbreak of the European War, Turkish subjects, when crossing the Russian frontier, had to be provided with regular National passports which had been vise previously by a Russian State Consular Officer. And only on the strength of such passports they received the permission to reside in Russia. When putting their vise to the passport of a Turkish subject, Russian Consular Officers had to inform such a person that a Russian passport must be obtained in Russia from the Russian authorities on the strength of the National passport.^ Since the beginning of the European War the Consular visa can Regulations only be given when the passports to be vise have photographs affixed ^V^^^j^^g" ^^r. with sealing wax of the persons mentioned in the passports, by those who issue the passports. The passports must also contain declarations of their holders, legalised by the authorities who issue the passports, concerning the age and nationality of the holders, stating whether they are natives or naturalised subjects, and if naturalised, at what date naturalisation took place, and to what State they belonged before naturalisation. In this declaration mention must also be made of the place in the Russian Empire which the holder of the passport desires to visit, and the object of traveUing thence. If passports are issued by Russian Embassies, Legations, and Consulates in the cases provided for by Art. 219 of the Russian Pass- port Regulations, the photographs and declaration mentioned above must be legalised b}' these Embassies, Legations or Consulates. Russian subjects abroad may have their passports vise by a § 67. Russian State or Elective Consul if they specially desire it.^ Consular Russian Officers should, however, make it clear to the applicants that such passports, visa is altogether unnecessary, so far as the Russian authorities are concerned, and that the practical object of the visa of a Russian passport by a Russian Consular Officer is to authenticate the docu- ment in those cases, for instance, where local foreign authorities, or private persons, decline to recognise the validity of a passport under the pretext of uncertainty as to its authenticity. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 4th August 1910, No. 9820. • Art. 219 of the Russian Passport Regulations. JS 66, 67, 84 §68. Passports ior Russian subjects. §69. Passports issued by Xionsuls. CHAPTER III. — Passports for Russian Subjects. Everyone who proceeds abroad, or returns to Russia, must produce a valid and authentic passport at the frontier, before entering or leaving the Empire. ^ The issuing of personal legitimation papers belongs to the province of State Consular Officers only. Passports are issued by Russian State Consular authorities in the following cases only : — 1. When Russian subjects who have been taken prisoners by an enemy and then released, desire to return home.^ 2. When Russian subjects who have been shipwrecked, are sent liome.3 3. When two or more Russian subjects who have left home on a collective passport desire to return home separately, at different times. In such cases they must apply to a Russian State Consul, who will supply them each with a single passport. The original collective passport is left with the Consul, who returns it to the par- ticular authority in Russia by whom it was issued. The Consular passport thus issued has the same validity as the original collective one, and contains all the particulars mentioned therein, such as the date of issue, the number of the collective passport, the date when the bearer crossed the frontier, and the amount of passport duties paid. Each passport issued by the Consul must also show that, in each individual case, the passport fees due thereon are to be paid to the frontier authorities on the bearer re-entering Russia.* In addition, a Consular fee of three roubles, to be paid in English money - — 6s. 5d. — and the amount of postage for sending the collective pass- port to Russia under registered cover, must be paid on receipt of the document. If more than five years have elapsed from the date of the issue of the collective passport, it loses its validity, and cannot be exchanged for a Consular single passport. The fees to be paid to frontier authorities for single passports issued by State Consuls differ in the following cases : — {a) If a single passport has been issued after the expiration of half a year for which passport duties have been paid on a collective passport, then the duties for this single passport must be paid to the frontier authorities to the full amount, counting from the date when that half year elapsed. {b) If a single passport be issued during the half year for which passport duties have been paid on the collective passport, but if the bearer of the single passport does not return to Russia until after the expiration of that half year, the passport duties for this single passport must be paid dating from the issue of the single passport : 50 copecks for the printing of the passport, and 9 roubles 50 copecks ^ Customs Reg., Ed. 1904, Art. 702. 2 See " Liberated Prisoners of War." ^ See " Shipwreck and average of Russian Vessels." ^ Passport Reg., Ed. 1903, Arts. 200, 204, 205. Circulars of the II. Depart- ment of the Russian Ministry of Foreign Affairs of 19th July 1907, No. 9747, And of 2ist June 1912, No. 8224 ; Ukas of His Majesty of 21st January 1905 ; Ukas of the Governing Senate of 8th August 1907, No. 7165. 3 68, 69. p. IV., Cii. III. PASSPORTS FOR RUSSIAN SUBJECTS. 85 for the benefit of the Alexandra Committee for wounded soldiers. This duty has to be paid every six months. (c) If after the single passport is issued, the bearer of that pass- port returns to Russia, after the expiration of the half year, the duties for the beneht of the Red Cross are not charged, and the passport duties for the printing and for the benefit of the Alexandra Committee for wounded soldiers are charged from the day when the single pass- port is issued. In each case collective passports which were presented to the Consul on receipt of separate or single passports, receive the exemptions provided for by Arts. 100 and 102 of the Passport Regula- tions mentioned in § 72 of this " Guide." Single passports are favoured with the same exceptions. When collective passports are issued in the Governments of the Tzardom of Poland, 5 roubles extra must be paid for each year ; there- fore, single passports, which have been issued on the strength of collective passports given in the Tzardom of Poland, are charged an additional 5 roubles each. In order to escape payment of the fees on single passports, some persons who leave Russia on a collective passport apply to Russian Consuls requesting them to cancel the name of the person who requires a single passport and to issue such a passport to him, the applicant, thereby leaving the collective passport in the hands of the other person or persons to whom it was originally issued. As such a pro- ceeding is opposed to the methods of passport regulations, such a request cannot be complied with. Collective passports must always be retained by the Consul when single passports are issued in exchange. 4. Youths who have finished their time in Russian naval schools and, generally speaking, all Russian sailors and officers of the Mercantile Navy who have passed their examinations according to Art. 853 of the Russian Trade Regulations, receive passports to go abroad on Russian or foreign trading vessels and can exchange them for new ones at any Russian State Consulate, independently of whether the five years have elapsed or not.^ 5. Russian subjects who have lost their foreign passports can obtain new ones from the Consuls, who must, in such cases, first ascertain whether a foreign passport really was issued to the person applying for a new one, referring the matter for decision to the II. Department of the Russian Ministry of Foreign Aft'airs. In order to save time, this is usually done by telegraphing to the authority who issued the ])assport, stating, approximately, the date of its issue. The telegram is sent, reply paid, at the petitioner's expense. In case of an alfirma- tive answer, the new passport is given, and the II. Department of the Russian Ministry of Foreign Affairs and the Police Department of the Ministry of the Interior are informed by the Consul of the fact. In doing so the Consul must enclose with his report to the Police Department a declaration of the person receiving the passport, using the followng form, viz. : — Written Declaration of about the loss of a passport to be issued abroad. Date ^ Passport Reg., .\rt. 208. 86 PASSPORTS FOR RUSSIAN SUBJECTS. P. iv., Ch. hi. I, the undersigned, make the following declaration to the Imperial Russian Consulate (General) : — Name, Patronymic and Surname. When and where born. Rehgion. Married or single. Name of issue and their addresses. Name of relatives and their addresses. Profession or business and per- manent residence. When and where performed military- duties. If undergone criminal investigation or criminal charges, and in what case. Place of issue, date, and number of passport lost. When left Russia and from which place of the Frontier.- Time and place where passport was lost or stolen. Was any other declaration made as to the loss of the passport previous to this date. Other particulars which may be of use. A Consular fee of three roubles must be paid for each new pass- port. In addition, the ordinary passport duty is paid at the Russian frontier, in accordance with Art. 257 of the Russian Passport Regula- tions, and this must be shown on the passport by the Consul. Passports can be given by Russian State Consular Officers without previously applying for information to the authority who dehvered the lost passport or to the Department of the Police, if those who are known to the Consular Officer confirm that a passport to be used abroad has been given to the person or persons who apply for a new one, or, in case of original do:uments being produced which do not leave any doubt as to the bona fi les and personahty of the petitioner. If more than five years have elapse! from the date of issue of the lost passport, a new passport cannot be given ; the original one being no longer valid, and Consular passports being only issued in place of vahd ones. If for some reason it is impossible to ascertain the fact that the appUcant has possessed a foreign passport, the Second Depart- ment of the Ministry of Foreign Affairs and the Department of Police ^69. p. IV., Ch. III. PASSPORTS FOR RUSSIAN SUBJECTS. Sj of the Ministry of the Interior must be requested to furnish the neces- sary particulars before the passport can be issued by the Consul. 6. Russian subjects residing abroad who require to go to Russia •on very urgent business, and, after a short stay there to return again abroad, may apply to Russian Ambassadors, Ministers or State Consuls to be supplied with a special passport for the purpose. The Ambassadors, Ministers or State Consuls who deliver such passports must take all the responsibility upon themselves for each passport.^ When issuing such passports (for a period of not longer than 3 months) a note must be made thereon of the fees levied, viz. : — 15 roubles passport fees ; and 3 roubles Consular fees. Also, it must iDe stated that, before leaving Russia, the bearer e signed agreements, etc., may be signed in their presence, and that the docu- ^j gj^^^g ment can then be sent to the State Consul, their superior officer, for Consul, legalisation. Such a course does not meet the requirements of the law, inasmuch as no State Consul may legalise a signature that has not been affixed to the document in his presence. Moreover, to estab- lish the identity and legal capacity of the person, it is necessary to examine the papers which he may present to that effect. Such papers, as for instance, national passports, etc., are, in the case of Russians, in the Russian language, and if Russian Elective Consular Officers do not know that language, it stands to reason that, by themselves, they cannot establish the identity of a Russian subject. As for example, the case of the Russian Consul at Plymouth may be quoted. A Russian subject who called himself Stein, induced this Consul to send the power of attorney which he, Stein, had signed, to the Russian ^ Cons. Reg., Art. 16. §87. io6 DRAWING UP, &c., DOCUMENTS. P. iv., Ch. iv- Consul General in London. Mr, Stein signed the power in the Russian language, not Stein, but wrote, " Michael Yoselevitch Walstein." Not knowing the Russian language, the Consul in Plymouth could not, of course, be aware of the discrepancy between the name signed on the document, and the name of the applicant who signed it. § 88. Legal capacity of Russian subjects. CHAPTER V. — Legal Capacity of Russian Subjects. According to the Russian Code of Civil Laws, there are three classes of minors : one from birth to the age of fourteen, the second from fourteen to seventeen, and the third, from seventeen to twenty- one 3'ears of age.^ A minor is not entitled to manage his own property independently, or to dispose of it or alienate it under any agreement or obligation, or to empower others to do so for him.- On attaining the age of fourteen, although a minor is then at liberty to sue for the appointment of a guardian of his own selection, who must be qualified as required by law, to give advice and protec- tion in all the minor's affairs, he is not any freer to dispose of his property than before that age, and all agreements and obhgations entered into by him are, as before, null and void.^ On attaining his seventeenth year, he is at liberty to take over the control of his property, but may not contract debts, give written undertakings or execute deeds or agreements of an}' kind whatever,, or chspose of moneys which are in circulation, or withdraw such moneys from banking and other establishments, otherwise than with the consent testified by the signature of his guardians, without which no agreement or obhgation entered into by him is valid. ^ The right to complete control of his property and the liberty to effect agreements and to contract obhgations is not acquired by the minor until he attains his twenty-first year.^ Married persons are permitted to mortgage or otherwise dispose (jf any property owned by them individually, in their own name and independently of each other, and are not obliged to obtain each other's consent when so doing.'' The right to sign bills of exchange is possessed by all persons who are, in law, entitled to contract debts ; the exceptions to this rule are : — 1. Ministers of all denominations, with the exception of Jewish rabbis, who, according to the decision of the Governing Senate, are not considered by Russian law to belong to the clergy, and are there- fore at hberty to sign bills of exchange. 2. Such peasants who own no real estate, unless they have taken out certificates as artisans. 88. ^ Code of Civil Law.s, Art. 213. 3 Ibid., Art. 219. ^ Ibid., Art. 221. 2 Ibid.. Art. 217. ^ Ibid., Art. 220. * Ibid., Art. 114. p. IV., Ch. v. legal capacity OF RUSSL4N SUBJECTS. 107 This restriction, although still legally in existence, has been abohshed by an Ukas of His Majesty on the 9th November 1906. Married women and single women who have not received from their parents any part of their property which they should inherit in case of the death of their parents, even though they have come of age, are not permitted to issue bills of exchange, the former without the consent of their husbands, the latter without the consent of their parents. Nor are they allowed to enter into any obligations connected with such bills, unless they are in business in their own names. ^ Special regulations as to legal capacit}/ are in force in the following places : — ■ In the Baltic Provinces legal majority is not attained before the age of twenty-one.- The local code of common law admits, however, of certain cases in which the venia aetatis is accorded before the age of twenty-one. Single women on attaining their majority obtain full control of their property, on an equal footing with men, but they are at liberty to avail themselves of the advice and co-operation of members of the opposite sex in the capacity of guardians, advisers or assistants. ^ As a result of the marriage contract, the husband becomes the lawful guardian, adviser and assistant of his wife.* In Poland the age of legal majority is twenty-one.^ A minor on attaining his sixteenth yeds is permitted to control his property on the conditions of the will under which it is inherited, but is not at liberty to dispose of more than one half of that portion of his property which the law would permit him to dispose of if he had attained his full majority.® The following persons are not permitted to effect agreements ; minors, persons legally deprived of the right to effect agreements, and in certain cases, expressly defined by law, married women.'^' A wife is at liberty to execute a will without the consent of her husband.^ The consent of the husband is, however, necessary in the case of certain actions and undertakings on the part of the wife in matters of civil law.^ In Finland the age of legal majority is also twenty-one years. If, however, a minor is able to acquire any property before that age he is permitted, on attaining his fifteenth year, to have full control of it. 10 After marriage the husband acquires the status of legal guardian of his wife, and is entitled to plead for her in law, and to exercise complete control over their joint property, within certain fixed Hmnts.^^ §89. Baltic Provinces §9a Poland. §91. Finland ^ Code of Laws relating to Bills of Exchange, Art. 2. ^ Code of Laws of the Baltic Provinces, Part IIL, Art. 269. ' Ibid., Art. 531. * Ibid., Art. 11. * Civil Code of Poland, Art. 345. ® Code Napoleon, Art. 904. ' Ibid., Art. i, 124. 8 Civil Code of Poland, Art. 189. ^ Polish Law of Conjugal Relationship, Art. 214. ^^ Code of Finnish Civil Law, Inheritance, Chapter XIX , Art. i. " Finnish Law of the 15th April 18S9. S§ 89, 90,. 91. io8 LEGAL CAPACITY OF RUSSIAN SUBJECTS. P. iv., Ch. v- §92. Bessarabia. A widow has absolute freedom of control over herself and her propert}'.^ In Bessarabia men are regarded as infants in law below the age of fourteen, and women below the age of twelve, and are placed under the tutelage of guardians. On attaining the respective ages mentioned above, they are regarded as minors, and their property is controlled by trustees (popechitelstvo).- A minor of the male sex may, on attaining his fourteenth year, execute a will, and such a will is valid. =^ A married woman has full control over all property left to her by will or otherwise acquired by her, with the exception of her dowry, and is at liberty to dispose of such property by deed of gift or by will at her own discretion, and all such dispositions made by her are valid.* Accordmg to the law of Armenopulo legal majority is attained at the age of twenty-five. §93, Wills in accordance with local law. CHAPTER VI. — Wills of Russian Subjects Abroad. Wills of Russian subjects have legal force only when they do not conflict with the laws of the Russian Empire. There are several forms in which the will of a Russian subject abroad may be cast. I. The will may be drawn up in accordance with local law, either with or without the co-operation of the local authorities, and then legalised by the Russian State Consul of the district as being in con- formity with local laws. Art. 1077 of the Russian Code of Civil Laws (Ed. 1900) is as follows : "A Russian subject abroad may draw up a ' domestic will ' in accordance with the laws of the coimtry in which he resides, with the necessary production to a Russian State Consul or Legation." On the basis of Art. 464 of the Code of Civil Procedure (Ed. 1883), Russian tribunals have to confirm the wills of Russian subjects drawn up abroad, whether with or without the co-operation of local public authorities. 5 The object of the production of the will to a Russian Consul, either during the testator's lifetime or after his death, as prescribed in Art. 1077 of the Civil Code quoted above, is to secure the attestation of the Consul or Minister only to the fact of the docu- ment having been drawn up in accordance with the laws of the country in which it was made. As the Consul is not obliged to be acquainted with local law, he is at hberty to demand that, previously to his legali- sation, the fact that the will is in conformity with such law be first attested by a local Notary Public. The validity of a will executed in ^ Code of Finnish Law, Inheritance, Ch. XIX., Art. 3. " Bessarabian Civil Laws of Armenopulo, I., 12, §1. ^ Ibid., I. 12, §10. * Ibid., XL, 12, §3. s Circular of the 11. Department of the Ministry of Foreign Affairs of the 21st October 1882. m 92, 93. p. IV., Ch. VI. WILLS OF RUSSIAN SUBJECTS ABROAD. 109 this manner is also recognised by Arts. 464 and 465 of the Code of Civil Procedure of the Russian Empire (Ed. 1893). If the will of a Russian subject has been drawn up abroad in accor- dance with the local law, but without consular attestation, it has in Russia the validity of a domestic will, and requires to be attested by a Russian Consul as being in accordance with the local law, and must then be presented for confirmation to a Russian Court of Justice.^ Xo deed executed abroad and dealing with real estate situated in Russia is valid in Russia unless legalised by the proper Russian State Consul. This applies to all forms of wills. In attesting the will, the Consul is required to state by whom and when it was pro- duced before him, whether by the testator himself or any other person, and whether during the lifetime of the testator or after his decease. It is recommended that such wills should, when possible, be produced during the hfetime of the testator and by the testator in person ; this- will af ord him an additional guarantee, that the will will be recognised as valid by the Russian Courts of Justice. It is necessary, however,, to bear in mind, that the Consular attestation only confirms the fact that the will has been drawn up in accordance with the form com- monly observed in the particular country, or with the assistance of the official personages competent to give it, so that the Consular attestation cannot be held to be a guarantee that the will is absolutely correct and incontestable. If, therefore, upon further test of the will, it should appear that, in drawing up the document, all the require- ments of the local law had not been observed, the Consul or Minister by whom the will was attested, could not be held responsible for the error. If a will refers to real estate situated in Russia it must be pro- wills duced at the Notarial Archive in Russia not later than six months from referring- the day of its execution, provided it comes under Section 991 of the ggtate. Code of Civil Law (Ed. 1900). That Section runs at follows : " Wills, by w^hich real estates are passed on ta other persons " during the lifetime of the owner irrevocably, must be dealt " with as Bills of Donation and vice versa Bills of Donation by " which real estate must change ownership not during the life- " time but after the decease of the donor must be recognised as " being of the nature of a will. The taking possession of the " real estate on the strength of the Bill of Donation must take " place immediately after the execution of theBill andunder no con- " ditions whatever can it be postponed until the death of the owner." In all other cases of wills dealing with real property the produc- tion of same at a Notarial Archive in Russia prior to the death of the testator is not required.^ \\'ills made orally by Russian subjects have no validity in Russia, even if they are recognised as valid by the laws of the country where they are made.^ ' Circular of the II. Department of the Russian Ministry of Foreign Affairs ol 1st September 1907, Xo. 12200. Resolution of the Civil Department of Cassa- tion of the Ruling Senate. '^ Letter from the II. Department of the Russian Ministry of Foreign .\ffairs of 7th August 191 2, No. 10088. ^ Judgment of the Dep. of Cassation of the Ruling Senate of 8th October 1875, No. 749. §93. no WILLS OF RUSSIAX SUBJECTS ABROAD. P. iv., Ch. vi. §94. Wills drawn up in the form of Bnssian *' Krepost " i'notarial; deeds. §95. Domestic ■wills. 2. The will may be drawn up abroad and legalised b\' a Russian Consul in the form of a Russian Krepost (notarial) deed. This form is of importance in the cases mentioned in Art. io68 of the Civil Code, in which only Kreposti (notarial wills) are recognised as valid, viz., in certain cases relating to family real estate. Art. 1078 of the Russian Code of Ci\-il Laws (Ed. 18S7J is as follows : — " The production of wills of Russian subjects drawn up abroad to Russian Consuls or ^Ministers, is equivalent to the drawing up of the same document in Russia in the form of a ' krepost ' (notarial) deed, and these wills, when produced in the legally prescribed manner to such Consulate or Legation are recognised as having the validity of such ' krepost ' (notarial) deeds." This article establishes the order of procedure according to which Russian subjects are permitted to draw up and €xecute \yi\ls abroad in the form of " krepost " (notarial) deeds, and the rules to be observed in this case are stated in Art. 12, paragraph 4, of the Consular Regulations, viz., the will is produced before the Consul and is entered, word for word, in the special book kept at the Consular Office for the registration of wills. ^ It is then returned to the testator A\ith a Consular legalisation, which states that the will has been entered in the Consular book after having been produced to the Consul by (name of the person by whom the will was produced) on the (date on Avhich it was produced). The Consul also states in his book the manner in w^hich the will was presented to him, i.e. w^hether by the testator himself, or through an authorised representative, or whether it was sent by post, and, if so, b\- whom, when, and in what manner. After the entrv* of the full text of the will, the testator, or his repre- sentative, must sign his name in the book, below the text of the will. In the case of a will sent by post, this signature is dispensed with. As the entry of the will in the Consular book could hardly be made in any other language than Russian {cf. Art. 97 of the Russian law- respecting Notaries PubUc) the wiU must be wTitten in that language, no legislative pro\ision having been made for any other contingency. 3. The will may be drawn up as a domestic will in accordance with Russian law, without the co-operation of any public authority w-hateveT. Although this form of will does not require to be pro- duced at a Russian Consulate, there is no reason why a Consul should refuse a possible request to legalise the signature of the testator or witnesses to such a document. However, the performance of this formahty does not give the will the character of a notarial will. The following regulations must be observed : A domestic will drawn up in accordance with Russian law may be written on ordinar\- paper of any shape or size, including ordinary letter paper, provided such paper, consisting of two halves, forms only one whole sheet ; wills written on parts torn off a sheet, or on scraps of paper, are not vahd.2 The " domestic will " must be written either wiioUy by the testator himself, or at his request and from his dictation, and in either case the document must be signed by him. The signature must give the testator's name, patron\'mic and family name or surname.^ ^ See lender heading " Archives and Office." ^ Code of Civil Laws, Art. 1045. ^ Code of Civil Laws, Art. 1046. §§ 94, 95. p. IV., Ch. VI. WILLS OF RUSSIAN SUBJECTS ABROAD, in If, by reason of illiteracy or sickness, the testator is incapable of signing the will himself, the signature of another person may be appended at his request ahd in his stead, besides those of the wit- nesses ; but such person must possess all the quahfications required in a witness to the will. \\'ith the signature in such a case must be stated the reason for the testator not signing the will himself, i.e. whether through illiteracy or sickness.^ When the will is written by some one other than the testator him- self, the signature of the writer must be appended to the document, in addition to that of the testator, and also the signature of three witnesses, or at least of two, if a Greek Catholic priest is one of them. The signature must also show the calling of the testator. One and the same person cannot vaHdly write the will for the testator and sign it for him, or act as witness, or as signatory for a witness, nor can one and the same person sign for the testator and act as a witness or as signatory for a witness. - A "domestic will" written throughout in the testator's own handwriting, must be signed by two witnesses. ^ The witnesses must certify (i) the authenticity of the will, that is to say, that the person who presents it is actually the person by whom it was drawn up and signed ; (2) that when the will was presented to them by the testator they saw him in person and found him to be of sound disposing mind, memory and understanding.'* The following persons are prohibited from witnessing wills : — 1. Indi\-iduals in whose favour the will is made. 2. Relations of such individuals to the fourth degree of blood relationship, and to the third degree if there is connection by marriage if the will is not drawn up either wholly or partly in favour of direct heirs. 3. Executors and guardians under the terms of the will. 4. Persons who are themselves not legally entitled to make bequests. 5. All individuals who are generally disqualified by law from acting as witnesses in civil cases.^ A "domestic will" may be kept by the testator himself if he so prefers, or it may be committed to the charge of the Consul in a sealed envelope. In the latter case it must be a holograph will with an inscription on the envelope to the effect that it contains the will of the person by whom it is presented.' The will maj' be handed over b\' the testator himself or by a person having his authority to do so, or it may be sent by post. When the will is presented to- him the Consul makes an entry to that effect in the book containing the records of wills, describing the form observed in presenting the will to him, by whom it was presented, when, by what means, &c. The sealed en\-elope is tightly bound with cord, sealed with the Consular seal, and preserved in the Consular archives. To this effect a receipt is given to the person presenting the will, who must sign his name below ^ Code of Ci\-il Laws, Art. 1053. - Ibid., Art. 1048. ' Ibid., Art. 1051. * Ibid., Art. 1049. ^ Ibid., Art. 1057. ® Cons. Reg., Art. 80. 95. 112 WILLS OF RUSSIAN SUBJECTS ABROAD. P. iv., Ch. vi_ the entry in the Consular book. Such signature is dispensed with in a case of a will which has been sent by post. The receipt referred to above, must be worded as follows : — " Receipt given by the Russian (Vice) Consulate at ... . " to Mr. (Mrs. or Miss) for having received from " him (her) a will drawn up on the . . . day of ... . " 19 ... at "Town. This . . . day of 19 . . . " (Signed) Imperial Russian (Vice) Consul."' The legality of domestic wills drawn up abroad in accordance with Russian law has been contested by some lawyers on account of the non-observance of the rule : locus regit actum, i.e. because the will may not be in conformity with local foreign law. It is there- fore recommended that this form be avoided when foreign subjects are mentioned in the will. The safest guide as to whether the form of "domestic" will prescribed by Russian law can be used by 'i testator abroad, is to regai'd the will in the same way as any other contract drawn up abroad. Such documents require to be drawn up in the form prescribed by the local law, except in the case of agree- ments all the parties to which are Russian subjects, in which case their national law can be observed. In fact, in such a case, there would be no one who could contest the vahdity of the contract or will, as all Russian subjects are equally bound to observe the provisions of their national la-w whether they are at home or abroad. In Poland and in the Baltic Provinces a domestic holograph will' can be drawn up without witnesses. Wll^'^^fh '^' ^^^ ^^'^^^ "^^^' ^^ drawn up in the same form as one drawn up form of a ^^^ ^ Notary Public in Russia, at the Russian Consulate itself. In Russian France, Germany, Italy, and Spain, Russian Consuls are entitled to act as local Notaries Public and to register the wills of their country- men in accordance with Art. 9 of the Consular Conventions concluded between these countries and Russia. ^ In countries where such agree- ments do not exist, the Russian Consul may only act as Notary Public in matters concerning none but Russian subjects, e.g. in the case of a will in Avhich none but Russian subjects are interested. If foreigners are mentioned in a will so drawn up, the will might be contested owing to its not having been drawn up in accordance with local law/ and on the principle that locus regit actum. The formalities to be observed in drawing up a notarial will in' accordance with Russian law at a Russian Consulate are as follows :■ — - In the presence of three witnesses, who have established their identity by producing their passports or who are personally known to the Consular officials, the testamentary dispositions are entered in the ^ Although the Governing Senate has never expressly authorised Russian, Consular officers to keep the same books which are kept by notary publics ini Russia, there cannot be any doubt that Russian State Consular Officers have the right to draw up Russian notarial wills, inasmuch as they are recognised by Russian law as having the legal capacity of those drawn up by a Russian notary public. 96. notarial will p. IV., Ch. VI. WILLS OF RUSSIAN SUBJECTS ABROAD. 113 Consular book and are signed by the testator or, if illiterate, by some one else on his behalf, after which they are signed by the three wit- nesses, certifying that the will was drawn up in their presence and that, in their opinion, the testator was of sound disposing mind, memory and understanding. The signatures of the testator or, if illiterate, of the person signing for him, and of the three witnesses, are attested by the Consul. Finally a copy of the full text of the will is given to the testator with an attestation of the correctness of such copy. The testator signs a receipt for the copy in the Consular book. This mode of drawing up a notarial will at the Consular office, in the presence of witnesses, affords a better guarantee for the authen- ticity of the document than the " domestic will." On the other hand, the drawing up of a notarial will abroad is only possible in those centres where there are resident persons competent to act as witnesses and who know the Russian language. Notarial wills can only be contested by filing an accusation of Contesting forgery, and all the heavy consequences in case of losing the law-suit notarial must be imdertaken by the accused. Wills made for entailing landed property must be executed in the form of a notarial will. All wills and testaments may be altered, either wholly or in part, § 97, at the testator's desire. A notarial will can only be altered or annulled ^teration by another notarial will (krepostnoye zavestchaniye), whereas a domestic will may be altered or annulled by another domestic will or by a notarial will, at the testator's discretion. Every will can, further, be anulled by means of a notarial instrument or, if the testator is absent on active military service or on olhcial duty, by a letter to the desired effect signed by him and addressed to head-quarters. If a notarial will is annulled by the testator during his lifetime, a domestic will left by him, if correctly executed, is admitted in law as valid. ^ The same applies to wills executed before Russian Consular Officers. Wills executed abroad must be presented for probate either to the Circuit Court, or to the court within the jurisdiction of which the property disposed of is situated, or to that within the jurisdiction of which the testator last resided when in Russia. ^ On the death of the testator the will must in every case be pre- § 98. sented for probate to the proper Russian court. It must be submitted ^ ^ ® ° in the original, except in the case of a notarially drawn up will, of which only a copy is submitted. The will is produced for probate by the person in whose custody it happens to be at the time.* If the will is deposited at the Con- sulate, the Consul must hand it over to the II. Department. If the text of the will is entered at the Consulate the Consul must send a copv.'* * Code of Civil Laws, Art. 1030. ^ Ibid., Art. 1079. ^ Ibid., Art. 1060. * Ibid., Art. 1062. Although the law provides that the original will be pro- duced for probate, Russian law courts have lately given the probate on production of a certified photograph of the will. ' Cons. Reg., Art. 75. H §§ 96, 97, 98. Limitations upon testa- mentary, bequests. 114 WILLS OF RUSSLiN SUBJECTS ABROAD. P. iv., Ch. vi. The period of time during which probate of a will must be applied for to the proper Russian Court is one year in the case of persons residing within the limits of the Russian Empire, and two years for persons residing abroad, in each case counting from the day of the testator's decease.^ After these dates wills presented, or produced at the district courts, will not be admitted to probate. Should the heirs or executors under the will, however, be able to bring incontest- able evidence that application has been delayed through ignorance of the existence of the will, or for some other lawful reason, the right to prove the will is allowed them during 10 years, dating from the day of the testator's decease. ^ Probate of a "domestic will" is granted by the appropriate Russian District Court after examination of the witnesses, not under oath, as to whether it was produced by the testator himself, in the presence of all the witnesses, and whether they all considered him to be of sound disposing mind, memory, and understanding.^ But even when all the witnesses have died and their examination is thus rendered impossible, probate can be granted to a domestic will. It is granted without any such formalities to notarial wills, as these enjoy the juridic presumption of being true and lawful.* The Court enquires into the legality of the contents of the will only in so far as the right of the testator to make the will and the rights of the heirs to receive the property left to them are concerned. The probate of the will is advertised in the Gazette of the Imperial Senate. The probate is only the attestation of its formal legality and does not preclude its being subsequently contested b}^ persons entitled so to do in their own rights. If the will is contested during the proceedings in probate (ochranitelnoje sudoproisvodstvo) the probate is delayed until the settlement of the lawsuit. If the District Court refuses probate of the will in the aforenamed ochranitelnoje sudoproisvodstvo, an appeal must be made to the Court of Appeal (Palata), and against the decision of that Court a petition can be addressed to the Department of Cassation of the Imperial Senate. According to Russian law, although no restriction is placed upon the testamentary disposal of acquired property, family property cannot be made the subject of bequest, for it accrues by right of succession to the heir-at-law. By family property, the law understands : — (fl) Real estate acquired by the testator by right of ordinary succession. (b) Real estate acquired by the testator under a will, but which* in the absence of such an instrument he would still inherit by virtue of the law of succession. ' Code of Civil Laws, Art. 1063. Ibid, Art. 1065. The will may serve as a foundation for claims until ten years have elapsed dating from testator's decease. * Code of Civil Laws, Art. 1066. * Ibid, Art. 1052. p. IV.. Ch. VI. WILLS OF RUSSIAN SUBJECTS ABROAD. 115 (c) Real estate purchased from near relatives, who have acquired it from members of their family. The following exceptions to the general rule exist : — In the absence of children or grandchildren, family property may be bequeathed to any relative, provided that that relative belongs to the testator's family. A married person may bequeath the usufruct of family property to his or her surviving wife or husband, as the case may be. Entailed family estates in the Western provinces and property described as " inalienable," i.e. property entailed in a noble family, the succession to which is regulated by a special law securing its indivisibihty, cannot be bequeathed by will. In this case the testator can only bequeath to his or her surviving wife or husband, the usufruct of a fifth part of the income of the estate. A loan, guaranteed on the real estate in question, for a sum not exceeding the amount of the income of that property for three years, may be raised for the benefit of those children not sharing in the succession. In virtue of the law of the 20th July 1848, landed estate which is allotted to members of the nobility who are poor, cannot be divided, and descends to the eldest child. With the exception of the above cited cases, the testator is at liberty to bequeath his property as he pleases. In the Baltic provinces, Finland, and Poland, special laws exist as to the limitations imposed upon testamentary bequests. CHAPTER VII. — Consular Legislation of Civil Judgments of Foreign Courts. In the year 1883 the Ruling Senate at St. Petersburg, as Court of § 99. Cassation, established the fundamental principle that judgments Legalisation of foreign courts can only have legal force in Russia if the right of judgments judgment has been specially granted to the foreign courts pronounc- of Foreign ing such judgment, and according to Art. 1273 of the Russian Code Courts, of Civil Procedure, the judgments of those foreign States alone can be executed in Russia, with whom Russia has concluded special treaties to that effect. If such treaties do not contain particulars of the process of execution, the following articles of the Russian Code of Civil Procedure are observed : — Art. 1274. Judgments of the courts of foreign States are exe- cuted on condition only that such execution has been granted by a special provision of the Courts of the Empire. Art. 1275. Petitions for the execution of the judgment of foreign courts must be presented to the Circuit Court of the district in which execution is to take place. §99. ii6 FOREIGN CIVIL JUDGMENTS. P. iv., Ch. vii. Art. 1276. To the petition must be annexed : — 1. A Copy of the judgment attested by the court which gave the judgment and accompanied by a warrant of execution, or a declara- tion of the court to the effect that the judgment is to be executed. The declaration of the court must be legalised by a Russian Legation or Consulate. 2. A translation of the judgment into Russian. 3. Copies of the above documents. Art. 1277. The citation of the accused by the court is made in accordance with the general rule of procedure. Art. 1278. Petitions for the execution of judgments of foreign courts are to be dealt with by the process of abbreviated proceedings. Art. 1279. In such cases the Russian Courts do not investigate the matters in dispute, this having already been done by the foreign court, but have only to satisfy themselves that the judgment of the foreign court is not in conflict with public order or contrary to the laws of Russia. Art. 1280. Judgments as above are executed according to the ordinary rules for the execution of judgments of the Courts of the Empire. Art. 1281. Judgments of foreign courts are not subject to execu- tion in Russia if they deal with real estate situated in Russia. These provisions also refer to arbitration awards since the Ruling Senate has adopted the principle of identifying arbitration awards with the judgments of ordinary courts, so far as the awards are recog- nised by these courts. Therefore, arbitration awards like the judg- ments of foreign courts are not recognised in Russia without the existence of a special treaty, and arbitration clauses in the contracts providing for the submission of disputes to arbitration courts abroad are also considered as void.^ Arbitration Up to the present time, Russian law does not recognise the kind in Russia. Qf arbitration that is known in Western European countries, as for instance, in England, in France and Belgium, and Germany, and it is on this ground that Russian authorities do not recognise awards given in foreign countries on the strength of laws of arbitration which differ from those in Russia. Russian Civil Code of Procedure admits the general principles of arbitration on the strength of which any question, with the exception of those specially mentioned in the law, may be settled and award enforced if certain stringent formalities have been observed in the signing of the arbitration agreement. Art. 657 note 3 of the Russian Trade Regulations provide especially for commercial arbitration giving to the Russian Exchange Committees the right to establish such arbitration. But the law gives no power to enforce the awards of commercial arbitration, and Russian law courts do not enforce them.^ They are valid in so far as they are in ^ Decision of the Civil Department of the Senate in 1870, No. 646, and of the Judicial Department, February 1912. Decision of the Civil Department 1890, No. 26. * Decision of the Civil Department of the Ruling Senate of igog, No. 93. p. IV., Ch. VII. FOREIGN CIVIL JUDGMENTS. 117 accordance with local laws and so long as their execution does not interfere with such laws. The award of an arbitrator is a private act, which, like any other private act, may be made the basis of a claim before the competent court of law. Under such circumstances, Russia cannot conclude arbitration treaties with other European countries, as otherwise arbitration awards to foreigners against Russian subjects would be contrary to the general principle that foreigners cannot be given more rights than those which the natives themselves of the country possess. In 1913 Russia concluded an arbitration treaty with Bulgaria for the enforcement of judgments of the courts and arbitration awards of one of the contracting countries on the territory of the other. Section 32 of that treaty requires that the award be paid in accord- ance with the law of the country where the arbitration has taken place, and that it be not contrary to the public order of the country where the award is to be enforced. This treaty with Bulgaria is the only arbitration treaty concluded by Russia. Its conclusion was due to the similarity of the Russian and Bulgarian Code of Civil Procedure. Thus, with regard to arbitration, it has given to Bul- garians the same rights which Russian subjects have in their own country. The only way to improve the position with regard to foreign arbitration awards in Russia, is to amend the existing Russian law in respect of arbitration, to bring it into line with legal provisions in arbitration prevaiUng in Western Europe. A class of cases of execution of the judgment of foreign courts of law was created by the Convention concluded on the 14th October 1890, at Berne, between Russia, Germany, Belgium, France, Italy, the Netherlands, Luxemburg, Austria-Hungary, and Switzerland, relating to goods in transit by rail.^ Art. 56 of this Convention stipu- lates as follows : " Judgments passed by competent judicial authorities on the basis of the provisions of this Convention and which can be put in force in accordance with the laws by which the said judicial authority was guided, retain their force in the territory of all the contracting States, subject to the conditions and formalities prescribed by local law, but without an examination into the substance of the judgment. This rule does not apply to judgments which are only provisional, or to those parts of a judgment by which a complainant who has failed to make good his case, is condemned, in addition to paying the costs of the legal proceedings, to the payment of compensation." It follows, therefore, that the law court of the State in which the judgment is to be executed is only required to test (i) whether judgment has been pronounced on the basis of the Convention ; (2) whether the judge was competent, according to the terms of the Con- vention ; and (3) whether the decree is to be executed absolutely and not provisionally. This question is to be decided in accordance with the laws of the State in which judgment was passed. Judgment is not enforced in cases where the claimant in a suit is condemned to pay damages in addition to the costs of the proceedings. ^ Leske and Lowenfeld : Die Rechtsverfolgung im internationalen Verkehr. Berlin, 1S95, Vol. I., Page 840. Arbitration treaty with Bulgaria. §100. Germany, Belgium, France, Italy, Nether- lands, Luxemburg, Austria- Hungary, Switzer- land. Tran- sit by Rail. i§ 99. 100. Il; FOREIGN CIVIL JUDGMENTS. P. iv., Ch. vii. §101. Costs of legal pro- ceedings. Belgium, Spain, France, Italy, Luxemburg, Nether- lands, Por- tugal, Switz- zerland, Sweden, Norway, Germany, Austria- Hungary, Denmark, Roumania. The execution of the judgments of foreign courts in Russia also takes place in accordance with Arts, ii, 12, and 13 of the International Convention concluded at The Hague on the 14th November 1898, by Belgium, Spain, France, Italy, Luxemburg, the Netherlands, Portugal, Switzerland, Sweden and Norway, Germany, Austria-Hungary, Denmark, Russia, and Roumania, and confirmed, as to Russia, by Imperial Decree of the 24th February 1899. These articles are as follows : — " No guarantee or deposit on account of legal costs shall be de- manded, under the pretext of foreign nationality, from the subjects of either of the Treaty States residing in one and applying to the tribunals of another of them, whether as claimants in lawsuits or as persons participating in such suits. When, on the basis of this treaty, or on the strength of the laws of the State where the claim has been lodged, the payment of the costs of the case and of the damages has not been secured by a guarantee or deposit, the orders made by courts of law in any of the contracting States for the payment of such costs or damages, can be enforced by the competent local authority and in accordance with local law. The competent authority must, in such cases, only satisfy himself that the decision in question is in accordance with the laws of the country where it was given, and that it has acquired legal force in accordance with those laws." From the above articles it appears, that a foreigner who lodges a claim in one of the contracting States and is condemned by a court of law of the State where such claim was lodged, to pay the costs of the proceedings, may be compelled to do so, on a requisition of the said court, by the competent authority in his own country : in other words, the decision of a foreign law court, condemning a Russian subject to pay the costs of a lawsuit can be enforced in Russia, pro- vided that the competent Russian court is able to satisfy itself of the authentic nature of the decision and that it has acquired legal force. This must be attested by the Russian Consular officer of the district. In cases of doubt as to the validity of a decision, the Consul may require a certificate from the local authorities, to the desired effect, on the document being presented to him for legalisation. Judgments of foreign courts, to which the special treaties as above do not apply, may not be legalised by Russian Consular Officers, except when there is no reason to suppose that the Consular legahsa- tion is required in order to procure execution of the judgments in Russia.^ The execution of judgment of foreign courts in Russia, and vice versa, also takes place whenever such execution is necessary on account of succession treaties which have been concluded between the States concerned. ^ Circular of the II. Department of the Ministry of Foreign Affairs, 4th December 1882, No. 11,055. §10L 119 CHAPTER VIII. — Certificates giving the Right TO Plead in Forma Pauperis. The drawing up or attestation of certificates giving the right of plead- § 102. ing in forma pauperis may be carried out by Elective Consuls as well Certificates as State Consuls. Arts. 14 and 15 of the International Convention, pauperis, concluded at The Hague on the 14th November 1898, and confirmed, as to Russia, by Imperial Decree of the 24th February 1899, provides that the subjects of any one of the contracting States shall possess the right of pleading in forma pauperis in any of the other contracting States, on the same lines as the subjects of such States, and in accord- ance with the laws of that State in which the petition for the right of so pleading is made. The certification or declaration of the fact of the petitioner's poverty must be made by the authorities either of his place of permanent residence or of the place where he is residing at the time. If the petitioner does not reside in the country where the petition for the right of pleading poverty is made, the certification or declaration of the fact of poverty must be legalised by the local Consular or Diplomatic agent of the country where the document is to be produced, free of charge. From the above it will be seen that in order to have the right of pleading in forma pauperis in Russia, a foreigner residing abroad must produce a certification or declaration of poverty issued by the authorities of the place of his residence and legalised by the local Russian Consular officer. CHAPTER IX. — Stamp Duties on Petitions and Other Documents. The Russian Law relating to stamp duties provides various rates § 103. according to the documents to be charged. The following documents Stamp are subject to stamp duty : — 1. Documents and papers filed in Government institutions or with officials of the Empire, as also papers delivered by these institu- tions and officials. 2. Documents and acts of different kinds drawn up and delivered within the Empire. 3. Interest-bearing papers issued by town and other pubUc institu- tions, or by companies and other commercial corporations. 4. Acts and documents drawn up and delivered abroad, as also interest-bearing papers issued abroad, when the aforesaid acts or documents are produced for execution in Russia, or the interest- bearing papers are circulated with the Empire. The duty is : — I. Either a fixed amount. §§ 102, 103. 120 STAMP DUTIES ON PETITIONS, &c. P. iv., Ch. ix. 2. Or, of an amount proportionate to the sum mentioned in the document. In case of accounts, invoices, bills of exchange, and all other docu- ments sent from abroad to Russia, the first receiver of the goods to whom they are consigned is held responsible for the tax. Therefore the sender must affix the stamps. Russian Consular Officers in Great Britain can give information as to where these stamps are obtainable. In London they can be obtained from the Russian Bank for Foreign Trade, 6i and 62, Gracechurch Street, E.G. Petitions to His Majesty the Emperor of Russia, must be addressed to the Chancellerie of Petitions for His Majesty, and need not be accom- panied by stamps. The stamp duty charges have been augmented by decision of the Council of Ministers of the 4th October 1914. 1. The ordinary stamp duty which was i rouble 25 kopecks for each sheet^ has been raised to 2 roubles per sheet. 2. Instead of 60 kopecks a stamp duty of 75 kopecks for a sheet is charged in the cases enumerated in Arts. 14 and 15 of the Regulations relating to stamp duties. ^ 3. For documents mentioned in Article 57 of the Regulations relating to stamp duties (Ed. 1903 ; Continuation 1912) the stamp duty charge has been fixed at 10 kopecks for documents of a value from 100 to 10,000 roubles, and i rouble is the duty payable on each 10,000 roubles when documents value over that sum. Each fraction of 100 or 10,000 roubles is charged for the full amount of 100 and 10,000 roubles. 4. Stock mentioned in Article 54 of the Regulations relating to stamp duties is subject to a stamp duty of i per cent, of the nominal value of the same. The following are subject to stamp duty of 2 roubles : — • I. Extracts or copies, except first or principal copies* of acts and documents subject to stamp duty, in proportion to the sum mentioned in the document, is carried out, the wages being paid by the day or by the piece — or, leases of gold washeries or other property when pay- ment is made for each pood of gold obtained, or in proportion to the amount of products produced. The stamp duty on such agreements is paid at the conclusion of the same.* When the stamp duty on first or principal extracts from documents or from protected Bills of Exchange is less than two roubles, the stamp duty on the following extracts and copies from original acts and documents and also on the protests of such bonds is equal to the stamp duty on first or principal extracts, original acts and documents, and also on protected Bills of Exchange.^ ^ Svod Zakonov, Vol. V. Regulations relating to stamp duties. Section 13, Continuation 191 2. ^ Art. 14 and 15. Continuation 1912. ^ Regulations relating to the functions of Notaries Public, Edition 1892. Svod Zakonov, Vol. XVI., Part I. * No. I of Article 38 of the Regulations relating to stamp duty. * Art. 45, of the Regulations relating to stamp duties. 103. p. IV., Ch. IX. STAMP DUTIES ON PETITIONS. &c. 121 Insurance policies or accounts or receipts for insurances against fire, except those mentioned in No. 2, Article 69 of the Regulations of stamp duties, are subject to the following duties when the insurance premium exceeds 400 roubles : 50 kopecks on each 100 roubles men- tioned in the act up to 10,000 roubles, and 5 roubles on each 1,000 roubles exceeding 10,000 roubles, charging each fraction of 1,000 and 10,000 roubles for the full amount.'- Receipts or warrants given by Government, communal or private banks, and also by private offices for financial operations on deposits (except amounts of money paid in on a current account) are subject to the following stamp duty, if the deposit exceeds the sum protests of loans which are subject to the duty on Bills of Exchange — when the duty from the first or principal extract of the original document or the protested bond exceeds two roubles. ^ 2. Insurance policies or accounts replacing them, or receipts for all kinds of insurances, except those mentioned in No. i, Art. 68, and No. II, Art. 89 of the Regulations relating to stamp duties, also in- cluding transactions of all kinds for the insurance of funds, shares, or interest-bearing securities, when the premium exceeds 30 roubles. Policies of insurance against loss by fire when the premium exceeds 30 roubles, but is less than 400 roubles. ^ 3. Certificates, notes or receipts for deposits of money (except on current accounts) for more than 1,000 roubles given by the State. Public or private banks, or private firms carrying on banking opera- tions. If the above-mentioned certificates, notes or receipts are entered into special books ad hoc, the stamp duty is to be paid for each entry exceeding 1,000 roubles.* 4. Agreements and transactions of a value which cannot be ascer- tained at the time of their conclusion, as for instance, contracts for the delivery of materials for a fixed price, or for a sum to be fixed when the work exceeds the price of 200 roubles : 5 kopecks for each 100 roubles mentioned in the act up to 10,000 roubles and 50 kopecks for each 1,000 roubles exceeding 10,000 roubles mentioned in the act, charging fractions of 100 and 1,000 roubles up to the full amount. If these receipts or warrants are given in the form of special booklets, the stamp duty must be paid separately for each deposit exceeding 200 roubles.'^ Commercial transactions the sum of which cannot be ascertained even approximately, are subject to a stamp duty of 2 roubles. After- wards in carrying out the transaction, if the sum can be ascertained, an additional stamp duty must be paid not later than one week after the buyer has received the total quantity of goods due to him, or the document certifying the complete execution of the order by the seller (accounts, memos, letters — completion of order being mentioned). ^ Art. 51 A, Ibid. * No. 21 of Art. 13, Ihid. Svod Zakonov, Vol. V., Edition 1903, Continuation 1912. * No. 27 of Art. 13, Ihid. * No. 30. Ihid. 5 Art. 57i,, Ihid. I 103. 122 STAMP DUTIES ON PETITIONS, &c. P. iv., Ch. ix. In paying the additional stamp duty, the first instalment paid is taken into account.^ The additional stamp duty can be paid for by affixing Revenue stamps to the document in question, while the obliteration of the stamps must be done by one of the contracting parties, provided that the sum subject to stamp duty does not exceed 500 roubles, and in the case of other acts and documents— 100 roubles.^ Petitions to Imperial Russian authorities must be drawn up in the Russian language and accompanied by two stamps of one rouble each, one for the petition and the other for the answer. Petitions which are not paid for by such stamps cannot be considered, and if these stamps are not sent in before a month has elapsed from the date of the receipt of the petition, the latter cannot receive attention.^ Petitions are free from stamp duty when addressed to H.I.M. the Emperor of Russia, care of the Chancellerie, to Russian Embassies, Legations, or Consular Officers, while documents issued by them are charged the fees according to the Consular tariff. If, however, docu- ments are presented to Embassies, Legations or Consular Offices which must be sent by them to Government institutions, State officials or law courts in the Russian Empire, the corresponding stamps must be affixed to these documents.* Petitions with complaints against Russian customs authorities, must be addressed to the Customs Department of the Russian Ministry of Finance ; complaints against Russian Elective Consular Officers must be made to the State Consul to whom they are subordinate, and those against State Consuls must be addressed to the II. Department of the Russian Ministry of Foreign Affairs. In accordance with Article 93 of the Regulations relating to stamp duty, of the loth June 1910, the duty can be paid to Russian Consular Officers, if for some reasons the interested parties prefer not to pay that duty in Russia. In the former case the amount paid must be sent to the II. Department of the Russian Ministry of Foreign Affairs at the end of each trimester with particulars referring to the documents on which the duty was paid. CHAPTER X. — Protests of Bills of Exchange at Russian State Consulates. Bills of exchange given in Russia must be written on Government stamp paper. Bills given abroad may be written on ordinary paper, Russian stamps being afterwards affixed to them. Bills of exchange given abroad expressed in foreign currency and payable abroad are also under the obligation to pay the Russian stamp duty if they are sent to Russia to serve as a medium of payment. 104. ^ Art. 60 of Regulations relating to stamp duties. ^ Art. 60 and 61, Ibid. ; Art. 128, Ibid. ' Regulations relating to stamp duty, Art. 15, §1. 269-270, Part II., Code of Civil Procedure. * Regulations relating to stamp duty, Art. 75, § 7. Continuation 1906, Arts. p. IV., Ch. X. BILLS OF EXCHANGE. 123 but the stamp duty is paid only on half of the amount shown in the bill of exchange. The payment of stamp duty on such bills must be effected by its first receiver and before any operation is performed with the bill (protest, endorsement, etc.). Payment of the stamp duty may be effected either by affixing the bill to Russian stamp paper, or by affixing revenue stamps to the necessary amount, or by payment of money to the State exchequer.^ From the above it appears that the payment of the Russian stamp duty is also necessary if a bill of exchange made out abroad on foreign stamp paper and drawn on a person residing in Russia, be accepted by the latter in Russia and endorsed for payment abroad. Bills of exchange must contain : (i) The place and date. (2) Description of the document as a bill of exchange. If the bill is not written in Russian, the word corresponding to the Russian word for bill of exchange must be used. (3) The obligation of the giver of the bill to pay the amount mentioned in the bill. (4) The family name and firm of the person to whom the bill is given and who is to be designated as first holder of the bill. (5) Statement of the amount to be paid. (6) Statement of the term when paj^^ment is to be made. (7) Signature of the writer of the bill. 2 Bills of exchange payable at certain dates must be presented for payment at such dates or during the following two days, not counting holidays.^ Sight bills, if they mention a certain time, can be presented for payment before that time. If they contain no mention of such time they must be presented for payment not later than 12 months after they are issued.* Bills of exchange must be presented for payment at the place indicated in the bill, or, if no place is indicated, at the business place or residence of the debtor.^ The holder of a bill of exchange can only demand payment in currency which is legal tender. Bills of exchange given abroad and in foreign currency, but payable in Russia, and bills given in Russia and payable abroad, if presented for payment in Russia, must be hquidated in Russian currency at the rate of exchange stipulated in the bill. If no rate of exchange is mentioned in the bill, payment is made according to the current rate and in accordance with the rules for calculating such rate which obtain at the place of payment, or at the nearest commercial exchange. In such cases the rate of exchange of the preceding day, not counting holidays, is taken. « If the bill is not paid when presented it should be protested, in order to retain its vahdity as a bill of exchange.'' The bill must be protested before the expiration of the times indicated above. According to the Consular Conventions concluded by Russia with France, Germany, Italy and Spain, Russian State Consuls in these countries have the powers of Notaries Public and bills of exchange 1 Art. 119 and 131 of the Russian stamp duty Regulation, Edition 1903. * Regulations as to Bills of Exchange, Art. 3. Svod Zakonov, Vol. XI., Part II., Edition 1903. ^ Ibid., Art. 41. * Ibid., Art. 4.:. 5 /jj^^ ^j-f. 44. 6 Ibid.. Art. 46. ' Ibid., Art. 48. §104. 124 BILLS OF EXCHANGE. P. IV., Ch. X. Place of protest of bills of exchange. payable by Russian subjects may therefore be protested by them. In all other countries bills of exchange must be protested by local Notaries Public, for there the Russian State Consuls have not these powers. When protesting bills of exchange, Russian State Consuls must observe the following provisions of the Russian Code of Regulations to bills of exchange. The Consul must present the bill for payment on the same day when it is placed in his hands and if not paid by 3 p.m. the following day, the bill must be protested, the protest being entered in the Con- sular books and an endorsement to the same effect made on the bill itself. This endorsement of the bill constitutes the actual protest, but in order to give it legal force a special document requires to be executed not later than the day after protest is noted. ^ It must contain (i) a copy of the bill, with all signatures, inscriptions and endorsements thereon ; (2) the name and description of the person noting the protest and of the person against whom the protest is made ; (3) a declaration that the bill was presented to the drawee by the Consul or, if not, that, for reasons given, it was not possible to do so ; (4) the answer given to the demand for payment, or a statement to that effect if no answer was made ; (5) the place and date of presentation of the bill or when it was found impossible to present it ; (6) the date of the bill ; (7) signature and seal of the Consul or of the person acting for him.^ The deed of protest must be entered by the State Consul word for word in the Consular books, the amount of Consular fees being inscribed on the document itself. It is then delivered to the person by whom protest was demanded. On the bill itself the Consul must state when the deed of protest was drawn up and indicate the number of the entry in the Consular book.^ The right of foreigners to undertake liabilities on bills of exchange is decided in accordance with the laws of the State to which they belong. A foreigner who does not possess such right in his own country is nevertheless responsible for bills signed by him in Russia, unless the laws of his State expressly prohibit his undertaking liabilities by signing bills.* According to Russian Regulations as to Bills of Exchange, they must be protested at the place where their payments are to be made ; for instance, if a bill be drawn for payment in Moscow, protest for non-payment of same must be made in Moscow, and not in any other place, or abroad. As regards the form to be observed in drawing up and in signing bills of exchange, such form is regulated by the laws of the country where the bill is given. If, however, a bill drawn up abroad by a Russian or a foreigner, or the inscriptions made on such bill abroad, are in accordance with the Russian Regulations as to bills of exchange, the fact that they are not in accordance with foreign laws cannot serve as ground for contesting the validity in Russia of the bill or of inscriptions made upon it.^ ^ Regulation as to Bills of Exchange, Art. 68. 2 Ibid., Art. 69. ^ Ibid., Art. 70. * Ibid., Art. 82. * Ibid., Art. '83. 104. p. IV., Ch. X. BILLS OF EXCHANGE. 125 All other formalities necessary in order to safeguard the rights of persons holding bills of exchange, must be performed in accordance with local law.^ Since 1903, the New Bill of Exchange Procedure Act is in force in Russia. Acccording to that Act, a bill of exchange is valid for the use of the acceptor of the bill for five years after date of payment. Towards the endorser, or endorsers, such a bill is valid for one year, but only if it has been protested. Bills payable at sight may be protested within one year after date of payment. When a bill of exchange has been duly protested, interest at the rate of 6 per cent, per annum accrues from the date of payment. In case of non-protested bills, no interest shall accrue until the bill is brought into court, and then the interest is fixed at 6 per cent, per annum. Duration oJ validity oJt bills of exchange. CHAPTER XL — Certificates Relating to Russian State Loans. Any person whose name is entered on the Government loan-books, § 105. and who holds the corresponding bond, is at liberty to transfer such jg^i^t^g tcf bond to another person, either by endorsement on the bond itself Russian or by a testamentary bequest. ^ The person so receiving a loan- State Loans. bond is at liberty to transfer it to some one else, and so forth. ^ If the person wishing to transfer a bond resides abroad, he must make a declaration before a Russian Consul to that effect. The signature to the declaration must be certified by the Consul, and both the declaration and the bond sent by post direct to the Amortisation Commission of Imperial Government Loans, at St. Petersburg.* In the event of the loss of a bond abroad, the owner of the bond should apply, without delay, to the competent local authorities, informing them of the loss and giving full particulars of the name of the person to whom the bond was made out, the value, the loan to which it relates, and the number of the issue, and requesting a certificate in duplicate of such notification of loss. Of these certi- ficates one must be sent to the Commission at St. Petersburg, and the other to the Russian State Consul of the district in which the owner of the lost bond resides, in order to acquaint him with the loss. The Consul must make a separate report to the Commission, refusing to legalise, certify or attest any documents relating to the bond that may be presented to him.'' If, after the loss of the bond has been advertised, it is produced, either to the Commission or to the Consul, a receipt must be given to the person producing it, the bond itself being retained. The owner and, if it is produced at a Consulate, the Commission, are advised of its recovery.* ^ Regulations as to Bills of Exchange, Art. 84. * Code of Regulations relating to Credit and Loans, Section II., Art. 89. ^ Ihid., Art. 63. * Ibid.. Art. 98. * Ibid., Art. 131. « Ibid., Art. 135. §§ 104, 105. 126 CERTIFICATES TO RUSSIAN STATE LOANS. P. iv., Ch. xi. Interest on perpetual personal bonds without coupons is paid against receipts of the holders of such bonds, or their attorneys, on production of the bonds, while interest on bonds which have coupons is paid on production of the coupons. ^ Foreign bondholders are entitled to receive interest without producing the identical bonds, either on their powers of attorney or against transfer notes from the Russian Consul-General at Amster- dam, which are given by him on production of the bonds on the basis of special instructions from the Amortisation Commission. ^ Model of Transfer Note from the Russian Consul-General AT Amsterdam. Consulat-General de Russie dans le royaume des Pays-Bas L'an le du mois Monsieur ayant presente au soussigne billets de la commission d'amortissement inscrits au nom de Monsieur et cedes en blanc portant les numeros pour la somme , je dis roubles, il plaira a la dite commission de payer au porteur du present certificat munit de I'endosse- ment de Monsieur la somme de je dis roubles, montant de la rente depuis le jusqu'au En foi de quoi j'ai delivre le present certificat qui doit etre presente a la commission d'amortissement a St. Petersbourg. Amsterdam, le Le Consul-General de Russie. These transfer notes are certified by the Consulate free of charge. When transferring a personal bond, the Consul-General makes the following endorsement thereon : Le present billet et cede a The signature of the person making the transfer is legalised by the Consulate, and the fee of 3 Rs. is charged, in accordance with Article 9 of the Consular Tariff. The owner of a Government 4 per cent, perpetual interest -bearing personal bond may transfer such bond to another person by means of an endorsement to the following effect on the bond itself : " The present bond is ceded to " (date and signa- ture). ^ The endorsement must be certified, if in Russia, by a local court of law or Notary Public, and, if abroad, by a Russian State- Consular Officer. If the owner of the bond, or his attorney, is a stranger to the place and to the person attesting the transfer, they must present certificates of identity. These are issued to persons in the Government service by their official superiors and to private individuals by the local civic or country police authorities. ^ Code of Regulations relating to Credit and Loans, Section II., Art. 142. " Ibid., Art. 142. » Ibid., Art. 36. §105. 127 CHAPTER XII.— Certificates for Pensions of Russian Subjects Abroad. Russian subjects residing abroad who are entitled to receive Russian s, 106. State pensions, must send to the person whom they appoint to receive J^^j^^'^'j^^^^^^g their pensions in Russia, a power of attorney legaUsed free of charge ^j Russian by a Russian State Consul, according to the note to Art. 9 of the subjects. Russian Consular Tariff, together with a special certificate issued by a State or Elective Consular officer in Russian, in the following terms : " The Consul at hereby certifies that the pensioner is alive, has produced a vahd passport issued at (place and date of issue), and that, so far as the Consul knows, the conditions under which the right to receive the pension ceases, mentioned in Part VI. of the Regulations as to Pensions, Edition of 1896, are not apphcable to him and that he has not, therefore, lost the right to receive the pension." The above mentioned Part VI. of the Regulations as to Pensions given by the Russian State, comprises Arts. 224, 231, 233, 235, of Vol. III. of the Svod Zakanov, and is as follows : The payment of the pension ceases : — 1. If the pensioner is reinstated in the service of the State ; 2. If the pensioner enters the active service of a Foreign Govern- ment without the authorisation of the Russian Government ; 3. If the pensioner takes Holy Orders ; 4. If the pensioner remains abroad more than five years, reckoning from the date of issue of his passport. Persons who reside abroad on State service, or who have been authorised by Special Decree of His Majesty the Emperor to receive their pensions abroad, are exempt from these requirements. The paj^ment of a pension to a widow ceases^ : — 1. On her death ; 2. On her re-marriage ; 3. On her entering a convent ; 4. If she is condemned by the decision of a court of law to a penalty which involves the loss of her pension ; 5. If she remains abroad for more than five years, reckoning from the date of issue of her passport, unless she has been authorised by Special Decree of the Emperor to receive her pension abroad. Pensions granted to widows and children, not on the foundation of the Regulations as to pensions but by special order of His Majesty, cease in accordance with special rules. The payment of a pension to a son ceases- : — 1. If he dies ; 2. If he enters a public establishment and is kept there at tlie cost of the Crown ; 3. If he enters the State service ; 4. When he attains the age of 17 ; 5. If he remains abroad longer than the terms for which he has obtained permission, unless he has been authorised by Special Decree of the Emperor to receive his pension abroad. ^ Regulations as to Pensions, Art. 231. - Ibid., Art. 233. §106. 128 CERTIFICATES FOR PENSIONS. P. iv., Ch. xii. The payment of a pension to a daughter ceases^ : — ■ 1. If she dies ; 2. If she enters a pubhc estabhshment and is kept there at the cost of the Crown ; 3. If she marries ; 4. Wlien she attains the age of 21 years ; 5. If she remains abroad longer than the term for which she has obtained permission, unless she has been authorised by Special Decree of the Emperor to receive her pension abroad. Consuls are forbidden to hand over to the heirs of deceased Russian pensioners any pensions or other monetary assistance due to them, without the special authorisation of the Osobennaya Kantselaria po Kreditnoi Tchasti of the Ministry of Finance. If the above-named Government office should send remittances to a Consulate for the purpose of being handed over to State pensioners, the recipients must each time furnish the respective Consulate with sufficient proof by means of passports, &c.) that they have not since forfeited the right to receive pensions, and the Consulates must give particulars to the Government office of the proofs that have been submitted to them. 2 Russian Embassies, Legations, and State Consulates have to communicate direct to the Glavnoye Kasnatcheistvo all particulars which may interest this Institution concerning pensions : for instance — information on decease ; the admittance of pensioners into monasteries ; also concerning the marriage of female pensioners ; and any enquiries about the rate of exchange of the amounts due to the pensioners. Pensioners who receive a yearly allowance for the education of their children must produce each year, at the office from which they draw this allowance, a certificate to the effect that their child or children are alive, that they are not being educated at the expense of the Russian State, and that they do not receive any other allowance from the Russian State Exchequer for the education of their child or children. Such certificates can be given by State or Elective Consuls under their signatures on the strength of proof which is deemed of sufficient weight ; for instance, the formal declaration of the parents or local authorities. Russian pensioners residing abroad desirous of receiving their pensions abroad may apply to the Department of the State Exchequer (Department Gosoudarstvenogo Kaznachestva) with a request that their pensions should be sent through the Special Chancellerie of Credit (Kreditnaia Kantselaria) at Petrograd, to the Russian Embassy, Legation or Consulate they have in view for a certain time or until further notice on their part. When that request is made the Exchequer Office (Kasnarchestvo) from which the pension is received must be stated, also the name of the applicants, their address and other particulars. ^ Regulations as to Pensions, Art. 235. ^ Annexe to the Circular of the II. Department of the Russian Ministry of Foreign Affairs of the 26th July 1902, No. 8033. 106. T29 PART V. Assistance to Russian Subjects, CHAPTER I.— General. The duties of the Consul, besides those enumerated in separate q^^^^H^J' paragraphs as under, comprise in general protection and assistance Assistance of any Russian subject, whether in his Consular district or not. The to Russian Consul must help any Russian subject in any legitimate aims as far Subjects, as they appertain to his sphere of Consular activity. He must assist him in difficulties and defend him from attacks on those rights con- ferred upon him by special State-conventions or by local law. How- ever, whilst assisting individual Russian subjects the Consul must not overlook his official position. In obtaining a favour for an individual he might be placed under an obUgation which might prevent him on another occasion from displaying sufficient energy before the local authorities, and might also injuriously affect his position. The Consular Regulations and Circulars of the Ministry of Foreign Affairs make it the duty of Consular Officers to give all the assistance and co-operation in their power to Russian subjects appeaUng to them for advice, support, or assistance. However, only Consular experience is able to determine precisely of what nature such assistance should be. There are people who look upon the Consul as an agent, commissioner and gratuitous solicitor, for every private person, without recognising that he is an employee of the State, who must in all his actions uphold the dignity of his office and of his Government, and who cannot act as a private person. The Consul cannot be required to interfere personally in quarrels between Russians and local subjects, because the latter would not recognise his authority, and he would expose himself to treatment unworthy of his position. A Russian State Consul at Naples was earnestly requested by the widow of a Russian Privy Councillor to interfere energetically on her behalf with the proprietor of the house in which she had taken a flat, in order that the chimneys, which unfortunately had not sufficient draught and smoked, should be put in order. The same Consul was asked by a Russian student at Berhn to remonstrate with his landlady who claimed payment for a table-cloth in which the unhappy youth had burned a hole with his cigarettes. Another Russian subject at Berhn came in great haste to the same official complaining of a railway servant who had stopped him at the exit of the platform because he had lost his ticket and could not produce it. It was at Berlin too that the Russian Consul was sent for to express, on behalf of two Russian ladies who were staying at the sanatorium of a famous local physician, their dissatisfaction with the manners of the manageress of the institution. On all such and I § 107. 130 GENERAL. P. v., Ch. i. similar occasions the Consul is entitled to make it delicately under- stood that the applicant should apply to a local solicitor or to the local courts of justice if there be no prospect of an amicable settlement of the dispute. In 90 out of every 100 cases in which Russians travel- ling abroad are concerned in petty quarrels, their personal and national dignity would not suffer if they desisted from applying to the Consul, but recognised the simple fact that they must comply with the order of things peculiar to the particular foreign country in which thej' are temporarily sojourning. This may be pointed out to them by the Consular Officer. The assistance asked for from Russian Consular Officers must not require special knowledge which would come under the competency of specialists, nor must it exceed certain limits of time and work, nor must it be connected with a responsibility of a commercial nature. To make it clear what is meant, it is necessary to quote the following instances of the abuse of the service to be rendered to the public by Consular Officers. A Russian tradesman applied to the Russian Consulate-General in London to obtain some information about the standing and trust- worthiness of an English firm. His request was complied with, and confidential information was communicated to him from local sources ■ — even from the Bank where the said English firm had their banking account. However, this did not satisfy the applicant, who put forward a request that the Russian Consulate-General should give him a cer- tificate under the Consular seal, that the said firm deserved credit, and was in a good commercial position. As other instances of applications exceeding the ordinary limits of Consular assistance, it may be quoted that a Russian scientist applied to the Russian Consul in Bombay, with a request to make a collection of Indian minerals for him. On another occasion, the Russian Consul in London was requested to gather pamphlets and books written on astronomical matters ; also, on the treatment of lunatics in the different asylums of the United Kingdom, and, at the same time, to give an essay on this question. State Consular Officers are sup- posed only to be specialists for legal matters concerning their own country, and for affairs concerning trade, commerce, finance and general State administration. It is therefore unfair to treat them as a " Jack-of-all-trades," demanding from them information which does not enter into their competency. The protection afforded by the Consular Officer to Russian subjects may sometimes be in the nature of friendly services, and in this respect very much can be done, provided that the Consular Officer wishes to do his duty and is prepared to employ all available resources which circumstances or his personal relations may place at his disposal. In such cases the action to be taken by the Consul will necessarily vary according to the circumstances of the particular case. It is impossible to establish a general rule, but it will be useful to mention some cases in which it was advisable that Consular intervention of a friendly nature should be undertaken, and in which the result was successful. A Russian Pole, B., had the misfortune to be knocked down in the streets of Newcastle by the careless driver of an omnibus. He was severely injured and compelled to remain in hospital for several §107. p. v., Ch. I. GENERAL. 131 weeks. On his recovery he decided to lodge a claim for damages against the proprietor of the omnibus, but being destitute of money he was unable to find a solicitor willing to represent him at the court of justice otherwise than on payment of his fees in advance.^ When this came to the knowledge of the Consul he sent the man in question to a solicitor known to the Consulate, requesting the latter to give his opinion as to whether the case was likely to be won. The soHcitor's reply was in the affirmative, and the Consul entrusted him with the conduct of the affair, giving his guarantee that the fees would be paid. At the same time the Consul took care to let the proprietor of the omnibus know that the claimant had his assistance and strong support. This had the happy result of bringing the case to a settle- ment without a lawsuit, the proprietor of the omnibus consenting to pay claimant ^^55 as damages, a sum which constituted a small fortune to the utterly destitute man. Another case of friendly assistance occurred at Glasgow, where the Commissioner-General of the Russian Section of the International Exhibition of 1901 at that town found himself, while liquidating the affairs of the section, in a very difficult situation, owing to the legal arrest of the Russian pavilions at the Exhibition in consequence of a lawsuit brought against him. The State Consul of the Consular district to which Glasgow belongs came to his assistance by a declaration to the local authorities to the effect that the pavilions could not be arrested on a claim brought against the Commissioner-General, as they were the property of the Russian Government, by whom they had been erected, and that he, as the local Representative of the Russian Government, intended to sell them by public auction. This step was recognised as legal by the local authorities, and the hquidation of the Russian section could be proceeded with without further delay. As a third example of Con- sular protection afforded to Russian subjects, the case may be quoted of an unfortunate Russian sailor who murdered his sweetheart at North Shields on Tyne. The crime was committed in an access of well-founded jealousy, the man having been deceived in his honest intention of marrying the girl, and strongly provoked by the theft of his money, which was to have enabled him to get married. He was condemned to death ; the jury, under the influence of the strong speech delivered by the judge, not even recognising any extenuating circumstances in the case. After the trial the Consul had an interview with the judge, placed before him the reasons why in his opinion the condemned man was deserving of mercy, and was so fortunate as to persuade his lordship to recommend the condemned man to the Home Secretary for reprieve. In addition to this, on the initiative of the Consul, a petition for a reprieve was addressed to the Home Secretary, and signed by thousands of persons, the case of the unfortunate man having aroused a great feeling of sympathy in the community. The result of these steps was that the sentence of death was commuted to one of imprisonment " during His Majesty's pleasure." After some years had elapsed the man was pardoned by His IMajesty and set free. The Consul must of course take special care to render assistance ^ The cases of sailors and emigrants returning to Russia are treated separately, under headings " Sailors " and " Emigrants " respectively. §107. 132 GENERAL. P. v., Ch. i. to his colleagues, and in doing so it is sometimes necessary to take steps of a personal character. Thus the Consul at Newcastle-on- Tyne was informed by the Consul-General in London that a Russian Jew at Glasgow was in possession of an imitation of the official seal of the Russian Consulate-General in London. A detective was in- structed to investigate the matter, but failed to discover anything. The Consul then saw the Jew himself, and on informing him that he was well aware of the existence of the spurious seal, he found out that the Jew had in fact received the imitation of the Consular seal and sent it abroad. It is for the Consular Officer to decide, on each individual occa- sion, whether his intervention in favour of Russian subjects is advisable, and if so what form it should take. In case of doubt an Elective Consular Officer will find it necessary to apply for special instructions to the State Consul to whom he is subordinate. Russian Consular Officers cannot be strongly enough recommended to be obhging towards all Russian subjects who may apply to them, and in the conduct of Consular aft'airs to exercise the utmost civility and geniality. This line of conduct will be found to be the safest as avoiding the possibility of misunderstandings and complaints to head-quarters, and will at the same time secure the best results to the Consular Officer's endeavours. Russian Consular Officers are frequently applied to by persons who are only inadequately informed as to the assistance they are entitled to from the Consular representatives of their country. Cases of this description are a source of misunderstandings, disputes and complaints against the Russian Consular service, to avoid the recur- rence of which it is desirable to definitely establish the cases which may receive Consular assistance, and in which assistance cannot be rendered. The laws of Russia, and the instructions issued to Consular Officers by the Ministry of Foreign Affairs, indicate, quite clearly and in detail, what are the immediate duties of the Consular service in the cases mentioned in these laws and instructions. Doubts arise regarding the application for assistance in cases which are not thus provided for. Such cases are very frequent in Consular practice and their treatment is a matter of considerable difffculty, the more so as Russian subjects are much more exacting in their demands on their Consular Officers than the natives of any other country. According to them it is the duty of the Consul to interest himself in their private affairs, and they believe him to be invested with such power and authority that all difficulties and obstacles that confront the applicant may be swept away ! The slightest suggestion that the Consular Officer does not, unhappily, possess the power with which he is thus credited and is actually unable to accede to the demands of his applicants is either totally ignored or serves as the signal for a flood of complaints and reproaches. Obviously, the main purpose of the Consular service is to safe- guard, in the most effective manner possible, the interests of the mother country and those of individual compatriots in a foreign land. The Consular Officer enjoys a position in which he has opportunities of doing good service to his country and to his fellow countrymen. Avail- 107, p. v., Ch. I. GENERAL. 13 ing himself of every opportunity for such service, he is nevertheless frequently hampered in his activity primarily by limitations proceeding from his official position, which prohibits his acting in what may practically be the capacity of a private agent or correspondent, and, furthermore, by the current duties of his office, which frequently do not allow him the leisure necessary for collateral activity. The fundamental principle of the Consular service is, that Consular Officers extend their assistance to Russian subjects who apply to them in all matters in which the former are powerless to act effectively without their aid. Thus, for instance, the judicial knowledge of the Consul, his knowledge of economics and kindred subjects, his acquaint- ance with local conditions ; his personal connections, and his ex- perience, whether of business or of ordinary life, should always be available, in the form of advice as to how to proceed under given circumstances, without, however, any responsibility being attached to him on account of such advice. On the other hand, all matters which the applicants can prosecute for themselves without the assistance of the Consul and without injury to their own interests, cannot demand the attention of the Consul. The latter is under no obligation to lend them his aid, as he is not per- mitted to engage in business of a private nature, nor is he expected to despatch private correspondence, nor is he obUged to act as translator, solicitor, banker, private secretary or attorney. Hence the assistance rendered by Consular Officers may be precisely defined and Umited by the application of the principle stated above. The following are instances which illustrate the demands made upon Consular Officers : — I. A person requested the Consular attestation of a somewhat length}^ agreement. It was pointed out to him that a copy of every document legalised at the Consulate is required for preservation in the Consular Archives. The appUcant suggested that the copy could be prepared by the Consulate and was told that it was not the duty of the Consular Officer to do so. To this the applicant replied that he was being unnecessarily inconvenienced, as he only required one copy of the document. Finally the applicant had to submit, but he went away entertaining a feeling of resentment towards the Consular Officer who, he was convinced, was legally obliged to make the required copy himself. Another case in point may be quoted : An applicant wished to have a document translated into Russian. The Consul offered him the addresses of those to whom he could apply to have the translation made. The applicant refused to believe that it was not the duty of the Consulate to undertake the translation. It was pointed out to him that the Consular function is limited to certify- ing the correctness of the completed translation, if desired. Upon this the applicant complained at having to pay for the Consular certificate and also for the services of the translator, and, finally, departed very dissatisfied, and quite convinced that the Consulate had intentionally occasioned him extra expense. Especial caution is recommended in cases where the appUcants do not ask for a certificate of correctness of a translation into a foreign language, but request an independent document in which the Consul ilOT. 134 GENERAL. P. v., Ch. i. is invited to certify that " from a document or documents produced before him it appears," etc., etc. A Consular Officer with the least experience will not be caught with this bait ; the fact is, that a properly certified translation is of no use without the original document, whereas an independent certificate granted by a Consular Officer is valid without it. It thus becomes possible that after receiving the independent certificate referred to above a translation made of the document and certified can be used for purposes of fraud. It often happens that translations or copies produced for certifica- tion are found on examination to have been done carelessly and to be full of errors. As the Consul assumes the responsibihty for the correct- ness of the translation or copy, he has a right to demand that the translation or copy shall be correct, and, if such is not the case, to return it to the apphcant for correction. The Consul is under no obligation to make the corrections himself, his part is confined to certifying the correctness of the document. Unfortunately, this simple arrangement does not always appear to be clear to the appli- cants. They demand from the Consul that he shall himself correct all translations or copies submitted to him, which would involve the loss of much time, especially when the documents in question are lengthy. Sometimes the Consulate is approached by persons of both sexes desirous of obtaining employment in factories, business houses, educa- tional establishments, private families, etc. The applicants are all convinced that the Consul is obhged to accede to their requests, the more so, as they have heard that one or other of the Consular Officers has at some time really been able to obtain employment for a com- patriot. This is a complete misunderstanding. The truth is, that cases in which employment is obtained through a Consular Officer are very rare and are quite accidental in character. Sometimes, though very seldom, the inhabitants of the country apply to a Consular Officer requesting him to recommend them persons having certain exceptional qualifications, such, for instance, as a knowledge of the Russian lan- guage. If, at the same time, there happens to be some one who is capable of taking the position thus offered, it is of course possible to accommodate both the parties. But, as stated, such cases are rare and occur accidentally, as the Consul is not in a position to know of vacancies in the labour market, while, on the other hand, employers are not likely to take on persons merely because they possess a letter of recommendation from a Consul, as is usually supposed to be the case. An employer only gives work to those of whose services he can make use in the pursuit of his business. Hence the Consul's assistance in this respect should be confined to giving the apphcant the addresses of agencies and registration offices engaged professionally in such business. Friction also takes place on the question of letters of introduction. Persons quite unknown to the Consulate apply for letters of recom- mendation for all sorts of purposes, such as to obtain situations, to effect business transactions, etc. Consuls may give letters of recommenda- tion so as to enable the applicant to obtain access to libraries, private museums and other places to which the general pubhc is not admitted. §107. p. v., Ch. I. GENERAL. i35 without such letters of recommendation. But these letters are more in the nature of certificates of identity and cannot convey a testimonial involving any serious responsibiUty on the part of the Consul. Es- pecially in relation to business matters the Consul is not only not obhged to give such letters, but, on the contrary, he should, as a matter of principle, refrain from doing so, in order not to compromise his official position and lose his impartiaUty. There can be no question that the Consul, however desirous he is of aiding his fellow country- men, must not jeopardise his official position in the interests of private individuals. If a Consul were to give a letter of recommendation to every compatriot who apphes to him for one without knowing him personally, his recommendations would soon lose all value. There are persons who seem to think that the Consul is obhged to hold lengthy conversations with every one who chooses to present him- self at the Consulate. In this respect ladies are the worst offenders. If the Consular Officer answers the questions put to him in a terse and business-like manner it seems that he gives offence. There is a confusion here between the idea of social and of business relations. Moreover, it is forgotten that the Consular Officer cannot afford to spend unhmited time with each apphcant, especially when his recep- tion-room is full of people awaiting their turn. There is a type of wandering people who have strayed abroad through a misunderstand- ing. They cannot speak the language of the place, they are completely ignorant of local conditions of hfe, and voluntarily place themselves in such a position, that the only thing left for them to do is to ask the nearest poUceman to show them to the Russian Consulate. They then present themselves before the Consular Officer, overwhelm him with endless empty questions and require from him assistance which can only be expected by a child from its nurse. Some time ago a Russian student, wearing the uniform of the University, came to the Consulate-General in London and stated that he had arrived the day before and put up at a boarding house. He had left his luggage there and had gone out into the street — and had since been unable to find the boarding house. He did not know the name of the street in which it was situated, nor the name of the house, he could not speak English and was, in fact, utterly helpless. He had to be sent back to Russia. There are other characters— wasters^ neurasthenics and others, who travel abroad without sufficient means, and without the least knowledge of the coimtry which they honour with their sojourn and who do not seem to be quite sure of what they want ! This particular type appeals to Consulates with the most varied petitions, which have no connection whatever with Consular duties. In 1908, a young Russian boarded one of the steamers of the Volunteer Fleet at Odessa, accompanied by his lady cousin, intending to take a trip as far as Constantinople. On the way he decided to continue the voyage to Port Said and thence to Colombo. In Colombo he was rather surprised to find that no one could speak his native tongue, but he was not disconcerted, as he assumed that Consular Officers could and must lend him their assistance. He came through to Bombay and presented himself at the Russian Consulate in that city. Naturally, having no knowledge of foreign languages and with no acquaintance with the countries in which he was travelling, this eccentric person was obhged to seek the aid of his §107. 136 GENERAL. P. v., Ch. i. Consulate, but can the Consular service be said to exist for the purpose of rendering assistance to this kind of person ? The Consular assistance is also strained to excess in cases where applicants require money for loans or for the redemption of articles they have pawned. This service cannot be rendered for reasons of ordinary experience. To lend the applicant money or to redeem his belongings is to encourage further recklessness in money matters and to further demoralise the subject. Moreover, Consulates do not possess funds for this form of charity. Petitioners for monetary assistance should reflect that the Consulates do not exist for the purpose of advancing loans. Some Consulates, it is true, have sums at their disposal for distribution to the needy, but in granting assistance from these funds the Consul is required to conform to the instructions of the Ministry, that is to say, his donations depend upon his opinion as to the merits of the particular case and must be confined to small sums. To free the Consulates of useless applications for more ex- tensive assistance, the above system of distributing charity ought to be extended. The best method of assisting Russian subjects who happen to be in difficulties is, in most cases, not to give them money, but to direct them to an agency where they may apply for employ- ment or to repatriate them. It is a regrettable fact that the greater portion of indigent Russians who crowd the vestibules of the Russian Consulates, are no more and no less than professional mendi- cants and adventurers. Neither of these types wishes to earn money by honest labour but to make a life's business in ex- ploiting the unorganised charity of inexperienced philanthropists. Therefore, it should be the task of all Russians living abroad to form local charitable organisations for the purpose of rendering aid to indigent Russians on as systematic a plan as possible, and so take this work out of the hands of the Consuls, who have not the leisure at their disposal to collect information as to the conditions of life of those persons applying to them for assistance and by so doing make certain that they are deserving of relief. For instance, in London and Paris there are special Russian benevolent societies. Russian Consular Officers are specially concerned with seamen who are abroad in the pursuit of their calUng. Sailors out of employ- ment who apply to Russian Consuls for relief are placed in boarding houses or Sailors' Homes until they obtain employment. However, it happens only too frequently in Consular practice, that sailors living at the expense of the Consulate in such boarding houses, make no effort to obtain employment, and even refuse to accept it when offered them, and also refuse to be repatriated at the expense of the Con- sulate. Having no definite instructions as to the treatment of men who deliberately exploit the Consulates and refuse to work, our institutions are placed in the unpleasant position of feeding and sup- porting wastrels. In the first place it should be made the rule that sailors are denied all further assistance if they refuse to join a ship without good reason, and secondly, that a seaman who has been as long as one month at a boarding house and is unable to obtain a berth must be sent home to Russia or, on refusal, he must forfeit the right to any further assistance from the Consul. A favourite trick of persons who have matters in dispute abroad, il07. p. v., Ch. I. GENERAL. 137 is to seek to use the Consular authority for their own purposes. Consuls receive requests to " demand from " a given foreign firm certain sums of money, to " order " a certain person to act in a given manner, or to " send back to Russia " a husband who has deserted his wife, or to order the son of a doting mother to conduct himself pro- perly and to write to her regularly, etc., etc. Unfortunately, a Consul has no compulsory police power, and, therefore such requests are impossible of fulfilment. Persons residing in a foreign country are only extradited through the ordinary diplomatic channels for par- ticularly serious crimes, provided for in special extradition treaties, while in cases of disputes between Russian and foreign business houses, the Consular participation can only consist in recommending a suitable lawyer or attorney, who will conduct the case in the proper court. A Consul may take upon himself commissions entrusted to him by private persons in the form of simple enquiries, or in their name acquaint third parties of certain facts, but he must refrain from taking any actions which enter the competency of a solicitor. Some applicants even believe that their Consul is imbued with power which enables him to interfere with local laws. When an enterprising young Russian was punished with imprisonment at Johannesburg for illegally selUng spirits to the negroes, his mother in Russia began to bombard the Con- sulate-General in London with letters in which she begged the Con- sulate to " rescue her son from prison " and " to issue the necessary orders with regard to her son who was incarcerated in prison," etc., etc. All civilised countries recognise the principle of mutual solidarity in the application of the International Rule that judicial power rests with the territorial authorities. The Consul, in his official capacity, must bow to the local judicial decrees if they are in accordance with the laws of the land. He is, therefore, not only practically but even theoretically powerless to interfere with the course of the law in favour of his fellow countrymen who are at cross purposes with the laws of the country owing to an infraction of the rules of local order. Consulates are frequently resorted to by persons possessing no documents to prove their identity or nationality. When interro- gated they reply that the Consul may make enquiries at the place to which they belong. But the Consul is not by any means obhged to trace the identity of appHcants by correspondence with the authorities in Russia ; on the contrary, the person applying for assistance is bound to prove his identity to the Russian Consul on th6 basis of documents. Xor is it the duty of Consular Officers to approach the home authorities with requests for passports for private persons or for the extension of such terms of such passports, nor to conduct correspon- dence Avith regard to the military duties of individuals ; in a word, he may not interfere with the relations between individual Russian subjects and the authorities in Russia, unless the former for some reasons, for instance, by being illiterate, require Consular assistance. The assistance which Consular Officers are obliged to render Russian subjects abroad, is often interpreted by the chent to include their countenance and support in evading the pa^'ment of passport dues, customs duties, taxes, etc., in fact in acting against the interests of the Government and in defiance of the laws of their own native land. No less strange is the not infrequent demand for assistance and §107. 138 GENERAL. P. v., Ch. I. co-operation against their fellow-countrymen in Russia. All this is evidence of a complete misunderstanding of the duties of the Consular service. Those commissioned by the Government on special errands abroad receive particular attention and assistance from Consular Officers ; but here, again, it is necessary to determine what shape such assistance ought to take. In such cases the Consular Officer advises the parties where to apply in order to obtain the information they seek, or he furnishes them with letters of recommendation, which secure them introductions to persons or institutions connected with the objects of their visit. The Consul is sometimes required to draw up lengthy statements for them and to do their work for them. This is outside the province of a Consul. Consuls are also expected to render assistance to foreigners, when possible, with advice or instruction. But if the enquiry relates to matters of a local character, relating to individual towns in our exten- sive fatherland. Consuls are unable to render such assistance. The required data is not always available, as the Consulates do not receive regular official information about the individual towns of the Empire. More detailed information of this kind can and should be obtained from the foreign Consuls in Russia. § 108. Consular Information to Russian Subjects. CHAPTER 11. — Assistance with Regard to Trade. Consular Officers are required to give information to all Russian subjects applying to them, whether they reside in their Consular district or not, on all subjects relating to business and, in particular, on matters of trade and shipping, either from their own knowledge and experience, or by making inquiries of the local authorities, merchants, and others. They are also required to supply informa- tion as to commercial matters in their districts, and to give their views as to the expediency of establishing direct business relations between Russian firms and those of their Consular districts. If the opinion entertained by a Consular Officer is not favourable to local trade, or if he is unable to speak highly of the financial conditions of the local tradespeople, he is recommended to exercise every caution in giving his opinion, as he may risk prejudicing his official position without doing any service to the person interrogating him. In like manner. Consular Officers should be cautious when giving information about individuals, or regarding the solvency or credit of firms, as he is unable to insure himself against the indiscreet or compromising use of such information, while taking all the responsibihty which the expression of such opinions carries. If the Consular Officer prefers to withhold the required information altogether, he can supply the enquirer with the name and address of a firm in his district qualified and wilHng to supply it. When giving information himself, he should do so conscientiously and to the best of his knowledge. He should, on every occasion, stipulate that he assumes no commercial responsi- bility for the opinion expressed. If requested to name a business firm §108. p. v.. Ch. II. ASSISTANCE WITH REGARD TO TRADE. 139 dealing in certain articles or prosecuting a given business, with a view to establishing trade relations with that firm, it is advisable for the Consul to give several addresses. Any expenses incurred in procuring the information must be paid, in advance, by the person making the apphcation, the Consular Officer giving him a voucher. Requests for information, when made by persons who are not Russian subjects, need only be attended to by the Consul if they relate to business matters between the questioners and Russia. When inquiries are addressed to him, therefore, which only affect foreign interests, he should refer the persons making them to their own Governments, or to the representatives of those Governments in Russia. In the case, for instance, of a Russian subject residing in Russia owing money to a person residing in England, his creditor should address himself for information and assistance, not to the Russian Consular Officer, but to the proper British Consul in Russia. Consular assistance is of special importance with regard to Russian trade. The Consular Regulations stipulate, that the Consular Officer shall " be concerned for the benefit of Russian Trade" (Art. i) and " shall endeavour to strengthen, facilitate and extend the commercial relations of his own country with that in which he is stationed" (Art. 89). As the Regulations are confined to this general indication, practical experience must be enlisted to elaborate more concrete rules for Consular guidance. It is unquestionably incumbent upon all Consular Officers, whether State or Elective, when application is made to them by Russian sub- jects, to give them, if possible, the addresses of firms, foreign or Russian, whom they may address and with whom they can open business rela- tions ; give information as to prices and as to the reliability of firms, and, generally, to supply all the information that can be productive of advantage to the commerce of the Empire or the individual firm. It should also be borne in mind, that business enquiries prosecuted by Consular Officers at the request of private individuals or firms can onl}' be of a general character and not such as to obviate the necessity for regular business correspondents. A Consul cannot take the place of such correspondents, and anyone hoping to dispense with them and to obtain the same services from the Consul is guilty of imposing upon the latter and risks injury to his own business interests. Art. 3 of the Consular Regulations expressly states, that Russian State Consuls are not permitted to engage in trade or industry. This makes it im- possible for them to obtain the insight into commercial or industrial matters which is possessed by the private man of business. Nor has the Consul the time or the opportunity to make a special study of each of the many classes of business that may be prosecuted within his Consular district. Obviously, therefore, it is absurd to demand from our Consular Officers services which they cannot possibly render. The experience of every State Anth flourishing foreign trade has proved abundantly, that the chief causes of the commercial prosperity of a nation are, the initiative, the energy, the conscientiousness and the careful training of the mercantile and industrial classes themselves. The part of the administrative personnel of the Government, and this includes Consular Officers, is confined in all countries to a measure of § 108. 140 ASSISTANCE WITH REGARD TO TRADE. P. v., Ch. i co-operation which cannot have a decisive influence on the immediate issue of the business transaction concerned. In Consular practice cases occur in which the parties do not wish to distinguish between that which may and that which may not be required of Consular Officers. The following is a typical instance. A firm in Taganrog applied to the Consulate-General in London, requesting the latter to aid them in entering into business relations with English firms interested in the import of pork from Russia. The firm was informed that the question of the import from Russia of salt and cured pork is being extensively studied by the Consulate- General, that the firm's address had been communicated to the London Chamber of Commerce, in the event of purchasers of pork (bacon, hams, etc.), applying to that institution, and that the best course for the inquiring Company to pursue would be to apply direct to three firms, the addresses of which were supplied. Yet the Russian firm was not satisfied with the advice given and in a series of sub- sequent letters, tried to insist upon the Consulate-General finding a firm which would be prepared to entertain the offer and also recom- mending another business house prepared to finance a coal mining venture in Russia, in other words these people demanded that the Consulate-General should make a definite business offer and conduct the negotiations to a settlement with the Enghsh firm. The Consulate- General, however, as a Government institution, cannot undertake the responsibility of a private business undertaking, nor can it exercise pressure on an English Company in order to persuade it to accept an offer made by a Russian firm. Such negotiations are a matter of private initiative. Elective Consular Officers are allowed to deal with commercial matters outside their Consular business. §109. Birth oi Russian Subjects Abroad. CHAPTER III. — Birth of Russian Subjects Abroad. Legitimate children of Russian parents of the Christian faith, if born abroad, must be baptised in a Christian Church in accordance with the wish of the parents. A child who is born of Jewish parents, must be admitted into the Jewish community by a Jewish rabbi. The certificate of the particular minister of religion, certified by competent local authority, must be produced before the State Consular Official of the district for legalisation, and the name of the child, if legitimate, is entered in the father's passport : thereby the child is constituted a Russian subject. In the case of an illegitimate birth, the child's name is entered in the mother's passport (" mater semper certa est."y If a certificate of birth issued by a local registrar is presented to a Consular Officer for the legislation of the registrar's signature, it can be done by the Consul, as Art. 465 of the Code of Civil Procedure in ^ There are, however, no regulations as to this matter in the Russian legis- lation. 109. p. v., Ch. III. BIRTH OF RUSSIAN SUBJECTS ABROAD. 141 Russia permits the Consular certification of the authenticity of a signa- ture without reference to the legaUty or otherwise of the document to which it is attached. However, such a certificate is not sufficient for entering a child's name on to the father's passport, as in Russia this is done only on the strength of certificates issued by ecclesiastical authorities. In all other matters, as, for instance, registration, &c., the local laws must be obeyed. Elective Consular Officers are required to refer all cases of this nature to the State Consuls to whom they are subordinate. In the case of a child born to a Russian subject while on board ship, the captain of the vessel is required to report the event to the Consul at the first port of call, who must in turn report the birth to the II. Department of the Ministry of Foreign Affairs. The same applies to information received by a Russian Consular Officer of the birth of a child to a Russian subject on board of a foreign ship.^ Children resulting from the civil marriage only, of Russian subjects are considered to be illegitimate in Russia and their names cannot be entered in their father's passports even though the parents should, subsequently, go through the religious ceremony, as the Consul is not competent to recognise the legitimacy of such children " per subsequens matrimonium." CHAPTER IV.— Marriage of Russian Subjects Abroad. Marriages of Russian subjects, or of Russian men with foreign ladies jj^j.J^"Lg are valid in Russian law if they are solemnised according to the j^ygt ^^ rehgious rites of the faith to which the parties belong. 2 The existence celebrated of impediments in given cases is, therefore, a matter to be decided ^Q'^J°^gfQ^g by the ecclesiastical or consistorial authorities. When appHcation is jites. made to a Consular Officer for information or advice in regard to a proposed marriage contract he is at hberty to certify in writing that marriages which fulfil the conditions stated above, i.e. that are in conformity with the religious requirements of the faiths to which the parties belong, are recognised in Russia as lawful and valid. In order to make such a marriage perfect and vahd, it must be con- cluded in accordance with the local law {locus regit actum) and at the same time the laws of Russia must be observed. For instance, in countries where a civil marriage is obligatory, after having con- cluded such rights, the marriage must then be consecrated by the proper religious ceremony. An exception to this rule is made in the case of the marriage of diplomatists, by virtue of the privilege of exterritoriality. However this applies only to marriages contracted by parties who both belong to the Diplomatic body. If one of them ^ Cons. Reg., Art. 91. * Code of laws relating to the Civil Estates, Ed. 1899, Arts. 1103 and 65. §110 142 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. iv. does not belong to the Diplomatic body, it is necessary to observe the requirements of the local law as well as the law of the nationahty of the bridegroom.^ Mariiages of Russian ladies with foreigners must be concluded in accordance with the law of the nationahty of the husband, under the law of the country in which the marriage is con- tracted, and also in accordance with the requirements of the Russian law, if such a marriage is to be recognised in Russia. For instance, when a Russian lady marries a foreigner abroad by civil marriage, they cannot be recognised as legally married in Russia. § 111. A marriage, therefore, which is contracted by a Russian subject Marriage ^.-^^ fraitdem legis, i.e. in opposition to the laws of his native country, accordance cannot be recognised as vahd in Russia. It is, therefore, important with National that Russian Consular Officers should be able to supply all persons husband ^.pplying to them with correct and adequate information as to the legal requirements in respect of marriage according to Russian law. §112. The Russian Civil Laws as to Marriage. The Russian Code of Civil Law contains the following provisions, according to which, in the case of marriage of Russian subjects, it is required : — 1. That neither the parties be married after having taken vows of a monastic order, or having been ordained priest or deacon recog- nised by the Greek Orthodox Church. ^ 2. That the bridegroom be not under i8 and the bride not under i63, and that neither of them be over 8o years of age.* An exception to this provision is made in the Caucasus where the bridegroom must not be younger than i6 and the bride must not be younger than 14 years of age. 3. That neither of the parties be either insane or of weak mind.^ 4. That the marriage be contracted with the consent of the parents, guardians or trustees of the parties.^ 5. That individuals in the employ of the State, whether civil or military, possess the written sanction of their superiors.' 6. That the marriage be contracted with the mutual and inde- pendent consent of both parties. ^ 7. That neither of the parties has been married before, unless he or she be legally divorced,® or has become a widow or a widower. 8. That neither of the parties has been previously more than twice married.^" 9. That the parties be not related to each other by any of the bonds of consanguinity, affinity, or any tie of spiritual relationship constituting an obstacle to marriage according to the laws of the church. The obstacles to marriage must be divided into two classes. They have the force of invalidating the marriage, or they have not that force, and involve only certain punishments to the parties. ^ Ukas of His'Imperial Majesty the Autocrat of all the Russias, as promul- gated by the II. Expedition of the Spiritual Consistory of the Russian Orthodox Church. ^ Code of Civil Law, Ed. 1900, Art. 2. ^ Ibid., Art. 3. ^ Code of Civil Law, Ed. 1900, Art. 5. ^ Ibid., Art. 6. « Ibid., Art. 12. " Ibid., Art. 20. * Ibid., Art. 4. ' Ibid., Art. 9. 10 Ibid., Art. 21. §§ 111, 112. p. v., Ch. IV. MARRIAGE OF RUSSIAN SUBJECTS ABROAD. 143 Under the former heading are the following : — 1. Marriages which have been concluded by applying violence, or, if one of the two parties is of unsound mind. 2. Marriages of persons who stand in a degree of consanguinity, affinity, or spiritual relationship to each other, which according to rules of the Church exclude the possibiUty of a lawful marriage. 3. Marriages of persons who have already contracted another lawful marriage which has not been lawfully completed or dissolved by the ordained spiritual authorities of their creed. 4. Marriages of persons who after the lawful dissolution of their previous marriage, have been forbidden to marry again. 5. Marriages of persons who have not reached the age at which the Church allows the marriage, or, who are older than 80 years of age, or, who have married for the fourth time. 6. Marriages of persons who belong to monastic orders, or, who are consecrated to any priestly or diaconal office. 7. Marriages of persons who belong to the Russian or Greek Orthodox faith with persons who are not Christians. If the non- Christian party subsequently joins the Christian faith, the marriage is valid, when consent of the proper Church authorities has been obtained.^ Other obstacles to marriage have not the effect of making it invahd : for instance, cases in which marriage has been concluded without the consent of the parents, guardians or trustees of the contracting parties — or, the superiors of the husband if he is a State employee. When Roman Protestants have been divorced on the ground of desertion, in accordance with Art. 331, 374 and 375 of the Regulations of the Lutheran Evangelical Church in Russia, ^ the party who has been found guilty is allowed to marry again after three years have elapsed, and after having obtained the consent to do so, from the Consistory General of the Lutheran Evangehcal Church in Russia, and also from the party who has been deserted. ^ If a marriage is concluded without observing these conditions, it is considered valid provided that its legality is not contested by the interested party. If it be contested, the marriage is declared to be null and void by the competent Consistory of the Lutheran Evangelical Church. The provisions are enforced on the marriages of persons of all Christian denominations in so far as they coincide with the recognised laws of their creed.* If the contracting parties are members of the same religious com- 1^^^' munity the marriage ceremony must be performed according to the Marriages, ritual of their particular creed. ^ If either of the parties to the marriage belongs to the Russian or Greek Orthodox Church, the ceremony must be performed according to the rites of that church, although the parties are not forbidden to further celebrate the marriage in a church or chapel of another Christian faith.' If the contracting parties ^ Code of Civil Law, Ed. 1900, Art. 37. " Svod Zakonov, Vol. XL, Part L, 1S96. * Art. 331 of the Regulations of the Lutheran Evangelical Church in Russia. * Code of Civil Law, Ed. igoo. Art. 62. * Code of Laws relating to the Civil Estates, Art. 61 and 65. * Code of Civil Law, Ed. 1900, Art. 67, alinea 3. §113. 144 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. iv. belong to any Christian body other than the Russian or Greek Ortho- dox Church, they are at Hberty to have their marriage celebrated in any Christian church they may select. ^ Those Christians who do- not belong to the Russian or Greek Orthodox Church in the Govern- ments of Wilna, Witebsk, Wolinija, Grodno, Kieff, Kovno, Minsk, Mohileff, and Podolsk, must solemnise their marriages in the Church of the faith to which the bride belongs. If a priest of the Roman Catholic Church refuses to celebrate such a marriage, the parties may apply for that purpose to a clergyman of another faith. In case no special arrangements have been made in the marriage contract, the children born of such marriages must be baptised accord- ing to their sex : — the sons have to belong to the faith of the father, and the daughters to the faith of the mother. Russian subjects of the Russian or Greek Orthodox and the Roman Catholic faiths are forbidden to marry non-Christians, and Russian subjects of the Protestant faith to marry pagans. ^ Marriages of Russian subjects of the Protestant faith with Jews or Mohammedans are concluded in accordance with the Regulations of the Evangelical Lutheran Church in Russia.^ Persons of the Jewish faith must be married by a Jewish rabbi. Marriages in the Russian Embassy Church, London, are solemnised under the following conditions : — 1. Banns are to be published three times in that Church, if both parties are residents in London. If one of the parties is not a London resident, the banns must be published in the Church of the parish to which that person belongs. 2. The passports of both parties are presented to the priest, with certificates of birth and baptism. 3. The permission of the parents of both parties must be obtained when they are minors. In cases where the parents are not living, certificates of their deaths must be produced. 4. The permission of the superiors of the bridegroom — if he belong to the Military or Civil Services — must be obtained. In each case it is advisable to apply beforehand to the clerg\anan who has to perform the ceremony, so as to make sure of the docu- ments, the production of which is considered necessary. Every marriage ceremony at the Russian Embassy Church in London must be preceded by a civil marriage before the local Registrar, or by a marriage conducted in a Church, which according to English law has the right to register marriages — for instance, the AngHcan Church, Roman Catholic Church, Presbyterian, etc. Although a civil marriage before a Registrar, or a marriage before a clergyman whose registration takes the place of that of the Registrar, is equally recognised in England, such, however, is not the case in Russia, where the substitution of civil marriage does not exist. There- fore, the marriage of a Russian subject can only be recognised as valid in Russia when it has been consecrated in a Christian Church, a Synagogue, or a Mosque, according to the denomination of the bridal pair. 113. ^ Code of Civil Law, Ed. 1900, Art. 75. ^ Ibid., Art. 85. ' Ibid., Art. 87. Code of Regulations relating to Affairs of foreign religious, professions, Art. 328. p. v., Ch. IV. MARRIAGE OF RUSSIAN SUBJECTS ABROAD. 145 This difference of law is sometimes exploited by individuals who do not want to be legally married, and who take advantage of the good faith of English women, and their lack of information on the subject. Two cases may be quoted : — A lady who had lived about ten years with a Russian subject, and who had had four children by him, made a declaration that she had been married before a Registrar to a man who called himself " Denby." The Registrar forthwith married them without ascertaining whether the man really had the right to bear this name, and the lady said that she learnt afterwards that her husband was a Russian subject, and owned another name. He had declined to be married in a place of worship. By her marriage before a Registrar here in England, this lady and her children have acquired no right to the property, personal rights, and status of her husband. Her marriage is recognised in Russia as null and void, consequently her children are considered to be illegiti- mate. There even seems to be a serious doubt as to whether her position could be improved by the man whom she married in England, as there is an obstacle to his re-marriage by the Church. Another case in point is that of a young English lady of the Anglican faith who married a Russian Jew in England before the Registrar. This man bore a name which was not his own. The lady had a child by this man. She declared that she believed that the marriage before the Registrar was legal, and would be recognised in Russia. A similar case happened on Tyneside : On the 27th June 1903, a Russian subject belonging to the Greek Catholic faith was married in the Anglican Church of St. Stephanus at South Shields-on-Tyne with an Enghsh woman of the Anglican faith. As this marriage had not been solemnised b}' a Greek Catholic priest it was not recognised in Russia as valid and the lady, with the children of this marriage, had to bear the consequences. Such cases, which lead to grave dis- tress of the contracting parties, may happen either intentional!}' or not ; however, it cannot be expected of private persons that they should be acquainted with the laws relating to mixed marriages. On the other hand, officials who perform marriages (clergymen, registrars and consuls) are responsible for the lawfulness of the acts performed in their official capacity. As in international law there is the general rule that in case of marriage of persons belonging to different nation- alities the law of the nationality of the man must be observed in order that the marriage be recognised in his native land, it is necessary to conform not only with the exigencies of local, but also with those of that foreign country to which the man to be married belongs. As clergymen and registrars are not usually acquainted with the laws relating to marriage in foreign countries it is the custom in many countries that in case of an intended mixed marriage the clergyman or registrar who is called upon to solemnise a marriage between a Russian and a foreign subject makes the performance of this ceremony dependent on two certificates being produced to him by the Russian man who is to be married : — 1. A certificate issued b}- the priest of the parish to which the Russian subject belongs stating that to his knowledge there is no reason wh\- this marriage should not take place. 2. A certificate given by the local Russian State Consul to the §113. 146 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. iv. §114» Marriage Laws oi Finland. effect that the prospective marriage ceremony would be recognised in Russia as estabhshing a vaHd marriage. It is desirable that mixed marriages of EngUsh women with Russian men should not be performed by clergymen or representatives of the civil authority without production of these two certificates. According to Russian law every Russian subject who has come of age has the right to change his religion if he chooses to do so. How- ever, when a marriage is solemnised in a Russian or Greek Orthodox Church the contracting parties must sign a written obligation stating that their prospective children shall be baptised into the Russian or Greek Orthodox Church, and brought up in that faith. In 1909 a Russian subject of the Lutheran faith, of the name of Plaoneck, resident of the Government of Vitebsk, whose wife of the Russian or Greek Orthodox faith, was dead, applied to the Governor of Vitebsk with the request to bring up his children in the Lutheran faith. The Governor, in his turn, applied to the Holy Synod, and received the following resolution from it. In accordance with Russian law, persons who belong to different Christian denominations, in contracting a marriage with a party belonging to the Russian or Greek Orthodox Church, must sign an " obligation " to the effect that the children who may be born of that marriage will be baptised and brought up in the faith of the Russian or Greek Orthodox Church. Notwithstanding having signed this " obligation," if parents bring up their children in any other than the Russian or Greek Orthodox faith, they are punished by imprisonment in a fortress — and clergymen of any other or of the Russian or Greek Orthodox faith, who may have christened or taught such children, are punished by a money line, and by the temporary suspension of their clerical license. In the case of Plaoneck, his children must be entrusted to their Russian or Greek Orthodox god- parents. This decision of the Holy Synod makes the position sufficiently clear. In the case of marriages in Finland between persons of different Christian faiths, including members of the Russian Orthodox Church if permanently settled in the Grand Duchy, the religious ceremony must be performed in accordance with the rites of both churches, and the children of such a marriage must be brought up in the faith of the father. Special arrangements to any other effect between the parties are prohibited. ^ According to the General Regulations of Finland,- a man desiring to wed a woman to whom he is betrothed, must acquaint the father of his fiancee with his intention six weeks before the date fixed for the marriage. In addition, the parties must be " called" in the parish church to which the bride belongs for three consecutive Sundays. Men are not permitted to marry before the age of 21 and women before the age of 15.=^ A Finnish maiden may, on attaining her 21st year, marry without the consent of her parents.* §114. ^ Russian Code of Civil Laws, Art. 68. - Section relating to marriages, Ch. VII., Arts, i and 2. ^ Ibid., Ch. I, Art. 6. * Finnish Law of the 31st October 1864. p. v., Ch. IV. MARRIAGE OF RUSSIAN SUBJECTS ABROAD. 147 In Poland the Regulations as to marriage contracts are embodied i 115, in the Imperial Russian Law of the i6th/28th March 1836. These ^^^^^f Regulations prescribe that marriages must be announced by the Poland, publication of banns in the churches of the parishes to which the parties belong. Jewisli marriages must be solemnised by a lawfully competent rabbi, the marriage being afterwards recorded in the books of a local official registrar, from whom a certificate of the marriage may be procured. Persons are not allowed to marry under the age of 21 without the consent either of the father or, if he is dead, of the mother, or, if she is dead, of the guardians or trustees. According to a universally admitted principle of international law, every marriage, if contracted in accordance with the laws of the country in which it takes place, is recognised as legally valid, whatever the nationahty of the contracting parties, provided that the national law of the husband is observed. Russian subjects, however, are at no time liberated from the obligation to obey the provisions of their national law. According to German law a marriage contracted in Russia between a Russian and a German subject is recognised as valid if it was con- cluded in accordance with Russian law and is on that account valid in Russia. The French law observes the same principle. According to Art. 170 of the French Civil Code, a marriage contracted in a foreign country between French subjects, or between a French subject and a foreigner, is valid if concluded in accordance with the forms of that foreign country ; in other words, in such cases the rule locus regit actum is observed. On the other hand, as already mentioned in §110, Russian law does not recognise, for her subjects, the validity of civil marriages contracted abroad, for the reason that such marriages cannot be contracted within the Empire.^ If a foreign lady is married to a Russian she acquires Russian nationality by doing so, and must, therefore, be married in accordance with the rites and ceremonies of the respective church or synagogue, while a Russian lady who marries a foreigner loses her nationality and adopts that of her husband. In order to acquire legal validity in Russia, marriage certificates issued by Christian priests or Jewish rabbis abroad require to be attested by the local authorities, who must state in their attestation that the signatures to such certificates are those of duly ordained priests or authorised rabbis, after which the documents must be pro- duced before the local Consular Officer for legalisation. In legalising such documents, the Consul does not assume any responsibility for the validity of the marriage from the point of view of Russian law. An example will best explain this. In 1903, the Russian Consulate- General at London legalised a certificate of marriage issued by a Roman Catholic priest at Edinburgh who had performed the ceremony of marriage of a Russian Pole to a Russian lady who was a minor, 16 years of age, without the consent of her parents or the sanction of the Roman Catholic Church of Poland. Although this marriage was contrary to Russian law, and could not be recognised as valid, the II. Depart- ment of the Russian Ministry of Foreign Affairs expressly decided that the Consul-General at London was not entitled to refuse to legalise With the exception of Finland, see §11; U15. 148 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. iv. §117. Marriage Laws of Finland. §118. Marriages must be in accordance with local law. Great Britain. the document in question, as the marriage had been effected in accordance with local law and by the proper local authorities. A State Consul must enter the wife's name in the husband's pass- port, but this can only be done if the parties have been married accord- ing to the rites of the respective church or religious community.^ A Russian lady contracting a civil marriage with a foreigner abroad, retains her Russian nationality, although she becomes a subject of the State to which her husband belongs. If a lady so married presents a foreign passport granted to her by the foreign State on the strength of such civil marriage, Russian State Consuls must grant the visa. At the same time the lady in question would be able to travel to Russia on her old Russian passport if she preferred to do so. As a matter of fact, as Russia does not recognise the validity of civil marriages in the case of her own subjects, the person contracting a marriage of this character remains a Russian subject as long as the ceremony is not performed by the proper religious authority. In Finland the civil marriages of natives who do not belong to the Greek Orthodox Church, if contracted abroad, are recognised as valid. 2 If both parties are Russian subjects, the bride's passport, after her name has been duly entered in that of her husband by a State Consul, is taken from her and returned to the Russian authority by whom it was issued. The marriage of Russian subjects abroad must be performed in accordance with local laws on the principle loctis regit actum. The opinion, which is not uncommon, that a marriage which takes place at a Russian Embassy Church is to be considered as having been performed on Russian territory and is, therefore, independent of local laws, is erroneous. In the case of marriages celebrated at the churches attached to the Embassies at Berlin, Vienna, Rome, London and Paris, in fact, a certificate is required from the local registrar, to the effect that the civil marriage has been performed in accordance with local law. In Great Britain religious marriages of foreigners can be concluded only after one of the parties, or both of them, have resided in the Kingdom three weeks — the banns having been published on three Sundays preceding the ceremony. As to civil marriages, the following regulations must be observed :■ — In order to obtain a marriage licence, the cost of which is £2 14s. 6d., one of the parties must reside for at least 15 days before the marriage takes place, at an address in the district ; at the end of that time, one of them must present himself at the office of a Superintendent Registrar and give the notice required by the law. The other party must also be present in the district. The marriage can then take place on the second day following, and two witnesses must be present. If both parties are abroad, it is only necessary for one to come §§117,118. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs, 25th February 1899, N. 1384 304' Finnish Law, 24th January 18 17. p. v., Ch. IV. MARRIAGE OF RUSSIAN SirBJECTS ABROAD. 149 over and reside the 15 days, and the other may arrive 14 days later. If either of the parties has been divorced, it is necessary to produce a copy of the Decree Absolute for the Superintendent Registrar. If the divorce has been obtained in a foreign country evidence of the legal dissolution of the marriage must be produced ; and it would be well for the parties to obtain a certilied translation of the Decree of the Divorce, and certificate from the Consul that such divorce is valid according to the law of the country in which it was granted, and that it renders the parties free to re-marry. The marriage licence only costs 9s. 6d., if both parties have resided in the district for 7 days, then one of them must give the necessary notice, and the marriage can take place on the twenty-second da}' following. If they reside in different districts of the United Kingdom then notice must be given in each district, and this involves an additional cost of 2s. In Germany, civil marriage is prohibited in the following cases : — § 120. X r • , 1 1 • Civil Mar- 1. If either party is acting under compulsion ; riages in 2. If either part}' is under any disability ; Germany, 3. If the parties are brother and sister or step-brother and sister, or trustee and ward. If the bride is under 24 years of age and the bridegroom under 25, special permission of the parents is required. Two witnesses of major age {i.e. over 21) must be present at the civil marriage. In Prussia, according to the law of the 15th March 1854, a foreigner who marries a Prussian subject, or another foreigner, within Prussian territory must, in addition to complying with the other formalities, produce a certificate stating that according to the national laws of the parties they are entitled to marry abroad, or have received special . permission from their authorities to do so. As Russian subjects are usually not able to get such certificates without great loss of time, they should petition the Ministers of Education (Cultus Minister), of the Interior, and of Justice, for a " dispensation" from the obligation to produce this certificate, and for permission to contract the civil marriage. The "dispensation" is granted if the parties undertake to go through the religious form of marriage according to Russian laws. The purpose of these regulations of the Prussian authorities is to prevent the civil marriage of Russians in Prussia unless they are followed by valid marriages in accordance with Russian laws. If a member of the Russian Diplomatic Service wishes to contract f 121. a marriage with a foreign lady, he is bound, not only to obtain per- ot'^Rus^an mission to do so from his superiors, at the same time making a Diplomatic declaration as to the lady's dowry and her prospects of inheriting ^^ Consular property ^^t any future time, but he must also produce a written statement from the bride to the effect that it has been explained to her that, as the wife of a Russian diplomatic officer, she will be under the obligation to dispose of any real estate she may possess in any foreign country, and that in default of her doing so her husband will be obUged to leave the service.^ Russian State Consular Officers are required to obtain the consent of the Ministry of Foreign Affairs before ^ Code of Civil Laws, Art. 66. §§ 120, 121. 150 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. iv. they are at liberty to contract a marriage, to Elective Consular Officers. This rule does not apply § 122. Marriage does not involve the Common Ownership of Property. The marriage contract does not involve the common ownership of any property belonging to the parties, either of whom may hold or acquire property on his or her own behalf, in which the other has no right. '^ A bride's dowry, and any other property she may acquire in her own right during her married life, whether by purchase, or deed of gift, or by inheritance or any other lawful means, are regarded by the law as her own private property. ^ Any agreement or understanding between the parties to a marriage contract which provides for the separate residence of the parties, or in any way involves the suspension of conjugal relations, is prohibited by law. Officers of the Civil Service, including Consular Officers, are strictly forbidden to attest, or to countenance in any other way, deeds or agreements which contain such provisions.^ The rights of a couple of Russian nationality residing in Great Britain, regarding the movable property of each other, whether possessed at the time of the marriage, or acquired afterwards is governed according to Enghsh Law b}^ the law of the husband's domicile, at the time of the marriage, provided that there is no special settlement or contract in existence regulating the rights of the parties. In this latter case, that settlement or contract must be observed. The term " domicile " is not identical with the term " residence," since the former has the meaning of permanent home. The law attributes to every person a domicile, called " a domicile of origin " in the country in which his parents were domiciled at the time of his birth, and he retains this domicile until he acquires another. If at the time of the marriage the domicile of the husband is in England, and if the marriage has taken place after the year 1882, and if there are no settlements or contracts relating to the parties, then, according to English Law, the Married Women's Property Act of 1882 applies to the case, and property devolving upon the wife after marriage is held by her for her separate use. § 123. Dissolution of Marriage according to the Laws oi: the Ortho- dox Church. CHAPTER V. — Divorce of Russian Subjects. Marriages of Russian subjects can only be dissolved by the competent authorities of the Russian Empire. If either of the parties belongs to the Greek orthodox faith, the marriage can only be dissolved by the Holy Synod at Petrograd, in response to a petition to that effect, accompanied by the 'certificates of baptism and marriage of the parties. According to the laws of the Orthodox Greek Church, marriages of members of that church can be annulled on the following grounds* : — I. The presence of force, fraud or coercion in effecting the ceremony, or if one or other of the parties is insane or of weak mind ; ^ Code of Civil Laws, Art. 109. ^ Ibid., Art. 10. ^ Code of Ci\il Laws, Ed. 1900, Art. 76. * Code of Civil Laws, Art. 37. §§ 122, 123. p. v., Ch. v. divorce. 151 2. The existence of consanguinity, affinity, or spiritual relationship between the parties ; 3. Either party being already married ; 4. Either party being divorced without permission to marry again ; 5. If one or both of the parties are under marriageable age, more than 80 years old, or have already been married three times ; 6. Either party being under vows, or holding diaconal or priestly office ; 7. If one of the parties is a non-Christian. The grounds for divorce according to the civil laws of Russia are as follows : — 1. Adultery. A confession of adultery, however, is not taken into consideration unless it is supported by convincing collateral proof. ^ 2. Conjugal impotence. A petition for dissolution of marriage on this ground cannot be brought if the impotence of either of the parties is not congenital or is of later date than the marriage. ^ Such petition cannot be presented earlier than three years after the marriage. 3. The sentence of either of the parties to a term of punishment involving the loss of all civil rights, or banishment to Siberia with the deprivation of all special rights and privileges, unless the other party is desirous of accompanying the exile voluntarily.^ In the same manner, if both parties to a marriage contract are condemned to the forms of punishment referred to, they may petition for the dissolution of their marriage contract and permission to re- marry in accordance with the Rules and Regulations for Transported Convicts. ^ 4. Desertion. If one or other of the parties absent himself or herself from their common place of residence and for five years or more give no sign of existence, the remaining party may petition his or her spiritual superior for the dissolution of their marriage and permission to contract a new one.= Wives of soldiers of the lower military orders whose husbands desert the service, or are reported missing, or are taken prisoner by the enemy, may, after the expiration of five years, if they fail to return, petition for the dissolution of their marriage. The petition must be accompanied by a certificate from the police gi\ang the date of enhstment of the absent man and of his disappearance and stating that he has not since been heard of. These certificates are issued on the strength of information supplied to the police author- ities by the commanders of the various army divisions. The unauthorised rupture of a marriage contract, without the decision of a court of law and merely by mutual consent, is prohibited. In Christian marriages irrespective of denomination, no prelimin- ary arbitrary contracts between the parties may be concluded which * Code of Civil Laws, Arts. 45 & 47. - Ibid., Art. 49. ' Ibid., Art. 48. * Ibid., Art. 50. ^ Ibid., Art. 54. §123. 152 DIVORCE. P. v., Ch. v. §124. Divorce of Persons of Protestant Religions. §125. Nullification of Marriage according to the Laws of the Roman Catholic Church. have for their object the conditional or unconditional dissolution of marriage. This provision is also extended to civil marriages.^ If the parties belong to the Protestant faith, their marriage can be dissolved by the Consistorial Court to the jurisdiction of which the husband belongs, except in the case of a petition for divorce on the grounds of malignant desertion on the part of the husband, when the Consistorial Court to which the wife belongs has jurisdiction. Persons residing abroad must address petitions for divorce to one of the Russian Consistorial Courts, requesting to be admitted to its jurisdiction, or to the Russian Minister of the Interior, praying him to give special instructions to a Consistorial Court to take up the matter. The legal grounds upon which dissolution of marriage is granted to Russian subjects of the Protestant Christian faith are stated in Svod Zakonov, Vol. XL, Part I., Ed. 1896. Divorce proceedings are usually very protracted. Divorce, properly so-called, is in no case allowed by the Roman Catholic Church, that is to say, it will never absolve the parties to a marriage from the vinculum matrimonii once it has been validly contracted. In those cases however, where, though a form of marriage may have been gone through, an impediment exists which, according to the law of the Church, prevents the marriage from being valid, the " Church will sometimes grant a decree of nullity which is in fact a de- claration that no valid marriage has been contracted. The principal grounds on which such a decree can be granted are : mistake ; the existence of consanguinity or affinity between the parties ; difference in rehgion ; the presence of force or fraud in effecting the ceremony ; either party being under vows or other ties, or being already married ; if the ceremony has been clandestine ; or if one or both parties are under the lawful age for marrying, or impotent, &c. The impediment of clandestinity does not appty in countries where the decrees of the Council of Trent have not been promulgated. The proofs required are very stringent and the procedings generally costly. The suit must be brought in the Court of the Ordinary or in the Papal Court, which does not recognise the authority of any other tribunal to grant a decree of nullity. There being in Russia no such thing as civil divorce, the divorce laws of each Russian subject are those of his own Church ; a Russian Roman Catholic, therefore, who desires to free himself from his marriage ties can only apply to the authorities of his religion, and, if possible, obtain a decree of nulhty, which will be recognised as valid by the Russian courts.^ ^ Code of Civil Laws, Ed. igoo, Art. 76. ^ In addition to the impediments enumerated in the text, which are of suffi- cient importance to render a nullification of the marriage possible (direment impediments), there are others, which, while they can prevent the marriage, are insufficient to nullify it once celebrated. These are : marriage without the consent of the parents or guardians when the parties are of marriageable age, although still minors ; marriages at prohibited times, such as Lent or Advent, ind marriages contracted in face of the prohibition of the Church. §§ 124, 125. 153 CHAPTER VI. -Decease of Russian Subjects Abroad. In the event of the death of a Russian subject abroad, the Consul should only interfere in an official capacity if the deceased has left no dispositions as to trustees or guardians, or if such trustees or guardians are unavoidably absent. Elective Consuls are required to report all cases of death of Russian subjects occurring in their districts to the respective State Consul, who reports to the II. Depart- ment of the Ministry of Foreign Affairs, presenting the passport of the deceased and a certificate of his death from the Registrar duly legalised by the Consulate, and mentioning whether the deceased had appointed any trustee, executor, or guardian.^ In case of death abroad of persons occupying positions at the Courts of the Emperor, Empress or Grand Dukes of Russia, the fact must be reported not only to the II. Department of the Ministry of Foreign Affairs but also to the Office (Chancellerie) of the Ministry of the Imperial Court stating the time and place of the decease. If such persons belong to the Ministry of Foreign Affairs, the I. Depart- ment of this Ministry must also be informed of their death.- If deceased belonged to the Russian Military or Civil Services, when reporting his death, it is necessary to mention that he was receiving a State pension, if such be the case, as ascertained from the papers left by him. The decease of pensioners must also be reported to the Osobenaya Kantzeljaria po Kreditnoi Tchasti and to the Gosudar- stvenoye Kasnatcheistwo at Petrograd. The General Register, Somerset House, London, contains records of all cases of death in Great Britain, and this office issues certificates of death for a fee of 3s. yd. \\'hen search is made at the said office about the death of a person, it is necessary to mention the full name ; for the searching of the records of each five years, a fee of is. 6d. is charged. In the absence of trustees, executors, or guardians, the Consul must take the necessary steps to insure the safety of the deceased's property, and to watch it as far as the laws of the country or the State treaties, where such exist, admit of his intervention. He must unite with the local authorities in the performance of all formalities prescribed by the local laws for such cases. He must acquaint the next of kin or the heirs presumptive of the decease of their relative, and obtain their instructions as to the disposition of the body. If it is necessary to seal up the deceased's effects, the Consul must do so with the seal of the Consulate, while complying in all respects with local usages and laws and with existing State treaties. In all his dispositions, the Consul must be careful to avoid any acts which, according to the laws of the country, might render him responsible for any debt or debts which the deceased may have con- tracted. When presenting his report the Consul must submit, in ^ Cons. Reg., Art. 75. ° Circular of the I. Department of Russian Ministry of Foreign Atiairs of 7th September 1904, No. 71 19. § 126. Decease of Russian Subjects Abroad. Somerset House. §127. Sealing Deceased's Effects- §§126, 12; §128. Admission of the Heir to the succession. S 129. Inheritance Tax. 154 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. addition to the documents already enumerate!^, an inventory of the property left by the deceased, drawn up by himself, or a copy of such inventory, if drawn up by the local authorities. If the heir to the property, or his attorney, present himself at the Consulate in order to assume possession of his inheritance, the Consul must deliver it to him on the production of a certificate stating that he has been officially admitted to the right of succession by the competent judicial authority. The attorney must, besides, produce a proper power of attorney in his favour from the heir.^ The certificate just mentioned is granted by the Russian judicial authorities after the presentation of the death certificate and an inventory of deceased's estate, and, as it usually happens that several months must elapse before the heir is in a position to produce such a certificate, the Consul is at liberty to hand to him, on deposit and in trust, such of the deceased's belongings as are not of especial value, taking a detailed receipt from him in exchange. This receipt must be annexed to the Consul's report of the case. In the absence of the heirs of the deceased, or of their attorne\% the personal property left must be forwarded to the II. Department of the Russian Ministry of Foreign Affairs. However, effects which are of little value, or which are liable to deteriorate in a short time, or the preservation of which would be too costly, such as garments, linen, trunks, etc., must be sold by a local pubHc auctioneer, unless the heirs of the deceased address a request to the Consulate or Legation involved, to keep these effects, and the amount necessary to cover the expense of sending such effects to Russia is forwarded in advance. Articles of small size, and possessing a certain pecuniary or per- sonal value, such as coins, bank-notes, cheques, shares, jewellery, or precious stones, must be sent to the aforementioned II. Department. It possible, money is sent by the ordinary periodical couriers of the Ministry, or by bank cheques, or, in the case of small amounts, by postal money orders. Money of Russian, French, German, EngUsh, North American, and Austro-Hungarian currency, must be sent without being changed ; other currency must be changed into any one of the aforenamed currencies. On each packet containing effects left by deceased Russian sub- jects, an inspection must be made, stating to what State it belongs, and to which Consular report it is annexed. For instance : — " Property left behind by deceased State Councillor X. an annexe letter No. 234 of the Consulate at N. N." Such packets must be sent by goods train and not by passenger train, or as passenger luggage.- If the heirs of a deceased Russian subject are foreigners, the Consul does not require the production of the confirmation of their title as heirs from a Russian law court, but he can accept such confirmation from the foreign tribunal having jurisdiction. In any case it is his duty to see that the amount of inheritance tax due to the Exchequer in Russia is duly paid. ^ Cons. Keg., Art. 76. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of 6th October 1907, No. 13,290. §§ 128, 129. p. v.,Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. 155 Special care must be taken to ensure the safety of important documents relating to the estate, and they must be sent to the Ministry of Foreign Affairs with the Consul's report. Such are, for instance, documents proving that deceased was in receipt of a retiring pension, insurance policies, wills, &c. Russian law affecting testamentary bequests does not contain any reservation respecting the pars legitima bonorum, that part of the propert}^ left which by law is entailed.^ If the deceased was a merchant, his business books must be accurately enumerated and described in the inventory, and a record made of the total number of pages in each book and the number of pages that are blank. - While complying with the laws and usages of the country in which he has his official residence and with the existing State treaties with that country, the Consul is, on the strength of his official position, the lawful representative of the absent and of the officially unknown heirs of the deceased, and as such he receives all claims directed against deceased's estate. He must only satisfy such of these claims as are legally indisputable. Consular Officers will be well advised to proceed with extreme caution in affairs of this kind, as, on the basis of Arts. 2105, 2107, 2115, of the Code of Civil Laws (Ed. 1900), they may be held responsible by the heirs of the deceased. The articles in question entitle the interested parties to sue the Consul for damages occasioned by carelessness in the administration of the property which belonged to deceased. Property left by a foreigner in a particular state is not exempt from the observation of local formahties or from the usual taxes (legacy duty, &c.). On the other hand, in so far as the right of in- heritance is concerned, personal property is only subject to the national laws of the deceased foreigner, while real property is subject to the local laws of inheritance. This general principle is not always carried out in practice, and exemptions from the rule arising out of it have been created by separate State treaties. In Great Britain and the United States any property left by Russian subjects is taken charge of and adjudged to the heirs by the local courts, in accordance with local laws and on the basis of Art. 10 of the treaty of commerce and shipping concluded between Russia and Great Britain on the 31st December i858/i2th January 1859, ^-^^^ with Art. 13 of the similar treaty between Russia and the United States of the 6th/i8th December 1832. The former treaty contains no express stipulation that the adjudication of property left by deceased Russian subjects shall be carried out on the basis of local laws, but this is provided for, indirectly, by a clause in the same treaty, which is to the effect that Russian subjects may inherit property in Great Britain on the same conditions as all other foreign subjects and which means that they are on an equal footing with British subjects. The validity of wills of Russian subjects which relate to property left in Great Britain and the United States is specially recognised by the aforesaid treaties. § 130. Pars legitima bonorum. § 131. Inventory ot Deceased's Effects, §132. Responsi- bility oi Consular OflBcers in safeguard- ing Effects oJ Deceased Persons. §133 Great Britain, United States- Treaty as to Property of Deceased Persons. See § 98 . 2 Cons. Reg., Art. 75. §§ 130, 131, 132, 133. 156 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. In 1901 an interesting precedent was created in the United States in connection with the refusal of a bank at New York to hand over, to the local Russian Consul-General, property left there by a deceased Russian subject. The Consul-General based his demand on the following considerations : according to Art. 10 of the Russo- American treaty of 1832, Russian subjects are entitled to inherit property left to them in the United States and, according to Art. 8 of the same treaty, Russian Consuls enjoy the same rights and privileges as the Consuls of the most favoured nations. Art. 8 of the Convention of 1871 between the States and Germany stipulates, that the German Consul shall have the right to apply to the local authorities with a view to safeguarding the rights and interests of his compatriots and that, in such affairs, he is their lawful representative. In the treaty of friendship, commerce and shipping between the United States and the Republic of Costa Rica (Art. 8) it was established, that if a citizen of one of the contracting States die on the territory of the other, whether he leave a will or not, the Consul has the right of appointing trustees to the property left by his compatriot, in so far as it is in accordance with local law, in the interests of the heirs and creditors of the deceased, due notice being given to the authorities. Again, according to Art. 9 of the treaty of friendship, commerce and shipping concluded between the United States and the Argentine Republic, the Consul is entitled to take part in the control and liqui- dation by the authorities of any property left by a deceased com- patriot, for the benefit of his heirs and creditors and in accordance with the laws of the land. On taking these considerations into account, the bank agreed to hand the property over to the Consul-General. The right of Russian Consuls in the United States to liquidate and administer the estate left by deceased compatriots in the State has been recognised in the following case related by John Bassett Moore in his Digest of International Law, Washington, 1906, Vol. V., page 125 :— " Julius Saposnik, a Russian subject, died at Cambridge (Mass). " At the time of his death he had a wife and three children in their " minority, in Russia. He left no heirs at law or next of kin in the " United States. The Russian Vice-Consul at Boston applied to " the probate court to be appointed administrator of his estate, but " the court dismissed the petition and granted letters to the public " administrator. From this decision an appeal was taken to the " supreme judicial court. This court, instead of delivering the opinion, " reversed the judgment of the probate court. By Art. 8 of the " treaty between the United States and Russia of 1832, it is stipulated " that Consular Officers ' shall enjoy the same privileges and powers " as the most-favoured nations.' " The treaty between the United States and the Argentine Republic " of 1853 (Art. 9) gives to Consular Officers the right to intervene in " the administration of the intestate estates of their deceased country- " men. A similar clause may be found in Art. 8 of the treaty between " the United States and Costa Rica of 1851, as well as in other treaties. " The supreme judicial court held that these stipulations were within " the treaty making power ; that therefore, the Vice-Consul had a !l33. p. v., Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. 157 " right to administer the estate ; and that as he had apphed for " letters of administration and had thus submitted himself to the " court, he should be required to give bond, and to conduct himself " in other respects as would any other administrator." The decision has since been published in the New York Law Journal of April 16 1906. As regards estate left by Russian seamen deceased on board British ships or in British territory, if such estate does not exceed fifty pounds, it is handed over, in accordance with the terms of the declaration concluded between Russia and Great Britain on the 9th August 1880, to the Russian Consul-General in London without the formalities generally required, in cases of death, by local law. This declaration provides also that if a deceased Russian subject has served in the Royal Navy of Great Britain, any moneys which may be payable to him by the British Admiralty shall be dealt with according to the law of Great Britain. The term "seaman" includes every person (except masters and pilots) employed or engaged in any capacity on board of any merchant ship, or who has been so employed or engaged within six months before his death, and every person (not being a commissioned, warrant, or subordinate officer, or assistant engineer) borne on the books of, or forming part of the complement of, any public ship of war. The term "estate" includes all "property, wages due, money, and other effects " left by a deceased seaman on board a ship. The term "Consul" includes Consul-General, Consul, and Vice-Consul, and every person for the time being dis- charging the duties of Consul-General, Consul or Vice-Consul. Russian Consular Officers in Great Britain are often called upon to enquire fully upon the death of a Russian subject, and to find out whether he left property. In order to make such researches Consular Officers should address themselves to the Treasury Solicitor of the Treasury Chambers at Whitehall, London, S.\\'. — also to the Solicitor of the Duchy of Lancaster, Lancaster Place, Waterloo Bridge, W.C, also to the Solicitor to the Duchy of Cornwall, 10, Buckingham Gate, S.W.— as it is possible that the deceased died within the jurisdiction of one of these Duchies — and enquiry must also be made at the Prin- cipal Probate Registry, Somerset House, W.C. To this latter authority it is necessary to apply for letters for the administration of the estate on Probate of will which belonged to deceased, and for all information respecting wills. In Canada authorities find it convenient to entrust to foreign Consuls the duty of distributing articles and monies belonging to the estate of their compatriots, deceased in Canada, and due to foreign subjects residing out of Canada. Russian State Consuls are entitled to give receipts which are regarded by Russian law as valid ; such officers are authorised by Russian Consular Regulations to take charge of the estates of I^ussian subjects deceased abroad, and to take over from the local authorities or from private persons, articles and monies forming part of such estates.^ * Note vevbale of Russian Ministry of Foreign Affairs of 28th August and loth September 191 5 to the British Embassy in London, No. 11,794, and of British Embassy to the Russian Ministry of Foreign .\ffairs of 28th August and loth September 191 5. Estate leit by seamen. Estate left in Great Britain. Canada. §133. 158 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. §134. Netherlands, Property ot Deceased Russian Subjects. § 135. Switzer- land. §136. China. § 137. Turkey. § 138. Persia. §139. Greece. 134, 135, 136, 137, 138, 139. In the Netherlands the treaty of commerce and shipping con- chided with Russia on the 12th September 1846, provides (Art. 3) that Russian Consuls may " take temporary charge of all property left by Russian subjects, on the same conditions as, in an analogous case, would be observed in regard to property left by a native, until the lawful heir shall have taken the necessary steps to enter upon his inheritance." This means that the Consul is not entitled to inter- fere, the property being taken charge of and adjudged to the heirs by the local law courts. By notes of the i6th July 1885, the nth September 1885, and che ist April 1886, from the Netherlands Minister of Foreign Affairs to the Russian Ambassador at The Hague, the Netherlands Govern- ment proposed, without the condition of reciprocity on the part of the Russian Government, to deliver to Russian Consular Officers all estate, not exceeding 250 Gulden in value, left by Russian subjects serving in the Colonial army of the Dutch Colonies, or dying in those Colonies. In Switzerland, Russian Consular Officers enjoy no special rights as to the administration of property left by deceased Russian sub- jects. The commercial convention concluded between Russia and Switzerland on the I4th/26th December 1872, contains (Art. 4, §1) the stipulation that Russian subjects be entitled to inherit property left to them by will or ab intestato on the same conditions as all. other foreigners. Thus, the rights of succession of Russian subjects in Switzerland are determined by the local law courts and not by Russian tribunals. In China the property' left by a Russian subject is handed over to the Russian authorities according to Art. 4 of the treaty concluded with Russia on the 21st October 1727. In Turkey the property left by a Russian subject must be handed over to the executors of his will, or, if there is no will, to the Russian Consul, on deposit, in accordance with the treaty of commerce con- cluded with Russia on the loth June 1783, Art. 52. In Persia the real and personal estate left by a Russian subject is handed over to his relatives or friends, or, in their absence, to the Russian Consul, who assumes the administration of such property without the right of interference on the part of the local authorities, in accordance with the treaty with Russia of the loth February 1828, Art. I. The treaty of commerce and navigation concluded between Russia and Greece on the 12th June 1850, states as follows (Art. 12, 13, and 14) : "In cases of death of Russian subjects in Greece, the Consuls, Vice-Consuls, and Consular Agents, or the Diplomatic Legations, have the right to make, with the competent local authorities, an inventory of all property left by the deceased ; to seal, with their official seals, against the seals affixed by the local authorities, in a word, to take all necessary measures to preserve the integrity of the succession. They have the right, further, to fulfil, either ex-offlcio or on behalf of the parties interested, the duties of executors of the property of any Russian subject who dies intestate and without having appointed p. v., Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAV. 159 an executor or trustee, taking care, in the interests of the heirS; to advise the local authorities of the necessary formahties ; to take possession of the property in their name, to liquidate or administer it either personally or by deputy, and to be responsible for all the actions of such deputy. In the event of disputes between the different parties having claims to the succession, they are to be decided, in the last instance, according to the laws and by the judges of the country m which the succession occurs. In the event of real estate situated in Greece passing, according to the laws of the country, to a Russian subject, who, being a foreigner, is unable to retain possession of it, he is entitled to the respite fixed by the laws of the country, or, if no such period of respite is fixed by law, he may obtain special per- mission to sell such property within a certain time and to collect and send away the proceeds of same. No additional or heavier duties will be charged in such cases of succession than are paid by Greek subjects. Russian subjects are, moreover, exempt from payment of the deductions made for the benefit of the Royal Treasury on inherited or other property belonging to foreigners and exported, or otherwise transferred, out of Greece. The treaty of commerce and navigation concluded between Russia ? 140. and Austria on the 2nd/i5th February 1906, stipulates (Art. 22) (j^p^J^ny, as follows : "In cases of death of Russian subjects in Austria at a Italy, Spain, place where, owing to the proximity of his place of residence, a Russian Sweden, Consular Ofiicer or Diplomatic Agent is in a position to render assist- ance in making an inventory of the effects and in keeping them in security, the competent authorities must proceed with these formalities assisted by the said Consular Officer or Diplomatic Agent, who must cross the seals affixed by the local authority, with his official seal and in conjunction with them, he must adopt all necessary measures in the interests of the heirs. The local authorities must safeguard the property left by deceased Russian subjects just as they would do for deceased subjects of their own country. All claims on the property left by the deceased, if they do not concern the rights of the deceased or his heirs, must be dealt with by the local authorities during a period of six months counting from the date of the last publication made by the local authorities concerning the opening of the succession, or, if such a publication has not taken place, during a period of eight months from the date of the death. After the lapse of this period of time, the rest of the personal estate left by the deceased will be handed over to the Russian Consul. But this transfer of property takes place only when all the dues and expenses incurred by the death have been paid. Claims about this part of the property belong to the competency of the law courts of Russia. In taking over the rest of the property, the Consular Ofiicer must give an official receipt to the local authorities. In so doing he need not produce a power of attorney from the heirs or legatees, nor is it necessary for him to obtain a general or a special authorisation from his Government. From the moment he has given a receipt for the rest of the property, the Consular Officer is only accountable to his own Government. Real property belonging to the estate left is governed by the laws of the §140. i6o DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. place of its situation, and any claim regarding this part of the estate belongs exclusively to the competency of the local courts. In cases when the estate consists either wholly or partially of real property, which according to the laws of the country, may not be possessed by the heirs if they be foreigners, sufficient respite will be allowed to the parties interested, so as to enable them to dispose of the property in the way most advantageous to themselves. In order to ensure that these stipulations are properly carried out, the local authorities must be careful to inform the Consular or Diplomatic officers of every case of death of a Russian subject which occurs in his Consular or Diplomatic district." In more recent times, Russia has concluded more detailed and precise conventions with regard to property left by deceased Russian subjects. The terms of those concluded with France on the 20th March/ist April 1874 ; with Germany on the 31st October/i2th November 1874 ; with Italy on the i6th/28th April 1875 ; with Spain on the I4th/26th June 1876 ; with Sweden and Norway on the 28th March/gth April i88g ; with Denmark on the 22nd April/5th May 1913, and with Greece on the i7th/3oth August 1913, are nearl}/ identical. According to these, the local authorities must notify to the Russian Consular Officer the death of a Russian subject, and vice versa. The official seals must be affixed to the belongings of deceased and an inventory be made by the Consul (Art. i and 2). The local authority hands over to the Russian Consul all movables and documents (Art. 4) and they remain in his hands on deposit during six months from the publication of the last notice by the local authori- ties of the opening of the succession, or, if no such publication has taken place, during eight months from the date of the death (Art. 5). The Convention with Denmark contains besides, a series of more detailed provisions. The local authorities must provide for the usual publications about the opening of the succession and the convocation of the heirs and creditors, and communicate these publications to the Consular Officer, who is at liberty to make use of them as he thinks fit (Art. 4), Wills contained in sealed envelopes must be opened by the Consular Officer (Art. 5). The Consular Officer is obliged to declare to the local authority the amount of the estate left, not later than eight months from the date of the death of the deceased. Suc- cession duty is due to the State when the opening of the succession has taken place only in such parts of the estate which are in the terri- tory of the State. Russians in Denmark, and Danes in Russia do not pay higher succession duties than the natives themselves of these countries (Art. 6). Personal estate which must be liquidated for economic reasons is sold by public auction by the local authorities at the request of the Consular Officer. The latter has the right to pay out of the estate which is left, the expenses of the last ilhiess and funeral of the deceased, the wages of his servants, and the rent and cost of living of his relatives until the date of his decease (Art. 7). The Convention with Sweden and Norway differs from those with France, Germany, Italy and Spain in that the Russian Consul is not only allowed to advertise for the heirs of the deceased, but he is obliged §140. p. v., Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. i6i to do so three times, inviting the creditors to make their claims against the estate in the terms prescribed by Art. 5 of the Convention. If the real or personal estate of a deceased Russian is left to a subject of the State where the death took place, the will can only be delivered to the Consular Officer after these legacies have been handed over to the legatees (Art. 4, §52). On the other hand, if the will and legacies bequeathed by it to a Swedish subject are in the hands of the Consul, he must deliver them to the proper Swedish authorities, or to the persons entrusted to receive them (Art. 4, § 4). The Convention with Spain also contains a special stipulation, which is to the following effect (Art. 4, § 3) : "If executors have been appointed by the deceased and there is no legal objection to their performing their duties as such, and if it be shown that there are no heirs under age, or absent, or who have no legal capacity, the Consular authority withdraws from participation in the further proceedings, leaving the executors to exercise their rights in- dependently." Private persons who have in their possession property belonging to the deceased's estate at the time of his death, must deliver it to the local authorities to enable them to hand over all the estate to the Consul, according to Art. 4 aforesaid. It frequently happens that hotel managers, proprietors of private hospitals, boarding-house keepers, and even solicitors, retain the property of deceased Russian subjects which is in their possession, under the false impression that they have power to do so in order that they may distribute it amongst the heirs of the deceased. In such cases the Russian Consul must apply for help to the local authorities, basing his claim on Art. 4 of the Convention. The Consul has a particular interest in seeing that all the estate of the deceased is handed over to him, because he is responsible to the lawful heirs of the deceased, according to Art. 80 of the Russian Consular Regulations, for all loss or damage occasioned by his want of due care and dihgence. The Consul has also to arrange for the payment of the legacy duty to the Russian Government. All private persons taking or retaining anything belonging to the estate of the deceased must be proceeded against by the Consul before the local courts. All claims by foreigners against the personal estate of the deceased must be made to the Consul within six months as aforesaid from the date of the publication of the last notice of the opening of the succession or eight months from the date of the death. The Consul can admit any claim as vaHd and satisfy the claimant, or he can dispute it if it seems doubtful, leaving the claimant to seek a remedy in the local courts. The Consul is bound by the decision of the court. After the lapse of the said six or eight months no claim against the estate of the deceased can be entertained either by the Consul or by the local courts (Art. 8). Claims of Russian subjects, which do not relate to the right of succession, must be brought before the law courts in Russia. Russian legislation in this matter differs, however, from that of the other contracting States, the Ruling Senate having decided on the 4th October 1893, No. 1264 in the case of Giudice, that the above con- ventions with France, Germany, Italy and Spain were to be interpreted §140, i62 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. as meaning that the claims of Russian subjects, as well as those of compatriots of the deceased in Russia, must be decided by the Russian law courts. The Convention with Sweden and Norway is to the same effect, viz., that all claims against the personal estate of the deceased must be decided by local law courts. The Conventions with France, Germany, Italy and Spain provide that if the estate of the deceased does not appear to be sufftcient to satisfy all claims against it, the Consul shall hand over to the local authorities all documents, valuables and effects belonging to the estate, while remaining the lawful representative of any Russian subjects who are interested in such estate. The rights of subjects of the State in which the succession has been opened to the personal estate of the deceased must be adjudicated upon by the local law courts. These rights must be proved and satisfied first, after which the residue of the estate is given over to the Russian Consul. The Convention with Sweden and Norway (Art. 7) provides as follows : "If the property left by a deceased Russian subject does not suffice to satisfy all claims against the estate, then such property and all documents relating thereto must be delivered to the local authorities, who will proceed to realise on the property and divide the proceeds among the creditors of the estate, or, if in Sweden, pay them over to a person specially appointed by such local authority for the purpose." If, on the expiration of the terms fixed by Art. 5, no objections or counterclaims have been brought against the estate, the Consulate, after paying all duties and expenses charged on such estate in accord- ance with local law, shall take over all the personal property of the deceased, sell it, and hand the proceeds to the heirs, giving account of same only to his own Government (Art. 8). As regards Sweden and Norway, Art. 8 of the Convention is to the effect that personal property left by a Russian subject in either of these States, or by a subject of Sweden or Norway in Russia, and handed over to the Consular Office of the district, shall not be subject to any further charges or duties than those paid by natives of the respective countries. The Conventions with France, Germany, Italy, Spain and Sweden and Norway, stipulate that in all cases relating to property left in one of the contracting countries by a subject of another of the said countries, the Consuls-General, Consuls and Vice-Consuls shall be ex-ojficio the representatives of the heirs, and officially recognised as their lawful attorneys, without the necessity for a special power. They are therefore at liberty, either personally or through their attorneys (who must be persons who are legally entitled to appear before local authorities), to conduct all affairs relating to the estate, to protect the interest of the heirs, to take the necessary steps to prove the titles of the heirs to the estate and to deal with all claims that may be made against it. Consular Officers cannot, however, be proceeded against as principals in matters relating to the estates of deceased persons (Art. 9). §140. p. v., Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. 163 The Convention with Denmark contains besides, the following provisions : The Consular Oliiccr must manage the estate which is left, and must take all measures in the interest of the heirs. In order to liquidate commercial or industrial concerns, the consent of all the heirs is necessary, except in such cases when there is no doubt that loss is the result of keeping the concern going ; then the Consular Officer may liquidate it of his own accord (Art. 8). Not later than eight months after death of the deceased, all claims against his estate may be brought before the law courts of that country where the de- ceased died, if such claims do not concern the right to succeed to the estate or real property situated outside the country (Art. g). If the estate is not sufficient to satisfy the claims of the creditor, the latter can, if it is not contrary to local law, apply to the local authorities that a declaration of bankruptcy be made on the estate of the deceased. If bankruptcy has been declared, all the estate must be handed over to the local authorities, and the Consul has only to represent the interests of his countrymen in that estate. The declaration of bank- ruptcy refers only to that part of the estate of the deceased which is in the territory where the deceased died. After the lapse of eight months dating from the day of the decease. Consular Officers must pay all the accounts and expenses to the charge of the estate, after which the estate is handed over to the II. Department of the Russian Ministry of Foreign Affairs. If lawsuits are entered against the estate, and have not yet been finished at the expiration of the above- mentioned eight months, the Consul is obliged to hold back such amount of the estate which is the object of the lawsuit. The Consular Officer has only to give an account to the II. Department of the Russian Ministry of Foreign Affairs, one copj' of which has to be handed to the heirs (Art. 11). Real property which is left, is regulated by the lex-loci. If such a process precludes an heir from the possession of the real estate, •sufficient time is accorded to him to sell it in the most advantageous way (Art. 13). Succession to personal property is regulated by the law of the country to which the deceased belonged. But, if a citizen •of the country where the deceased died, prefers a claim on the strength of an inheritance or a legacy, and if that reclamation has been presented to the Consular authority before the lapse of the above- mentioned eight months, the local courts or authorities of the country where the estate is being administered, will have to decide the matter. These courts make their judgment in conformity with the lex nation- xilitaiis of the deceased (Art. 14). Judgments of Danish Courts of Justice referring to the personal estates of Russians, can be executed in Russia, as far as they concern the estate which is left, but the effect •of the judgment must not be revised : the same observation holds good of Russian courts of justice referring to the personal estates of Danes (Art. 14). The provisions of this State treaty refer also to property left in Denmark or Russia when the deceased has died outside the tcrritor}- where the estate was left. The right of succession to real estate is determined by the laws ■of the country in whicli the property is situated, and the power to -Settle all claims and disputes relating to such property rests exclusively §140 i64 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vr. with the courts of that country. Personal property is only subject to local law if the right of succession to such property is claimed by a local subject. Other claims as to the right of succession to such property are dealt with by the competent authority of the country to which the deceased belonged, and in accordance with the laws of that country (Art. lo). If the heirs of the deceased are Russian subjects, or subjects of a State other than that in which he died, the rights of succession to the personal property are determined in accordance with Russian law only (Art. lo), and the persons claiming such estate must apply to the local Russian Consul. They must prove their title to inherit the property and state the amount of their claim, producing the will of the deceased — which must be proved by a Russian court of law — or, if there is no will, a deed of succession granted by a Russian court of law. To obtain this document, Russian subjects must petition the proper Russian circuit court, enclosing the certificate of the death of the deceased, legalised by the Russian Consul in whose Consular district the death took place, and all certificates of birth or marriage that may be necessary in order to prove the degree of relationship between the petitioner and the deceased. It is obvious that such deed of succession, in order to be valid, must be granted to Russian subjects by the Russian authorities. In Germany, however, in cases of succession, the law frequently applies the lex domicilii, i.e. the law of the country where deceased had his permanent home, and it sometimes happens that Russian subjects, living in German}?, procure deeds of succession from the German authorities. It is scarcely necessary to say that such deeds have no validity and cannot be accepted by Russian Consular Officers, who must insist on the- production of a proper deed of succession, granted by the Russian authorities. In the case of a native of Poland dying intestate, the Polish Code of Civil Law prescribes (Art. 724) that the heirs do not require the formal recognition of their rights as such by a court of law. The Consul must therefore himself decide as to the validity of the claims of Russian subjects to inherit property left in his Consular district by a Russian subject who is a native of Poland. The Conventions with France, Germany, Italy, Spain, and Sweden and Norway with regard to property left by Russians provide that in the event of the decease of a Russian subject in any one of the contracting countries at a place where there is no Russian Consular representative, the local authorities must take the necessary steps to make an inventory and seal up whatever property he may have left. Certified copies of the documents relating to these operations^ together with the death certificate and passport of the deceased,, must be produced, with as little delay as possible, to the nearest Consulate, or, through the Ministry of Foreign Affairs, to the Diplo- matic Agent of the State of which the deceased was a subject. The competent local authorities are further required to adopt all the measures with regard to the property left by deceased that are pre- scribed by local law, and, on the expiration of the time limits fixed by Art. 5, to deliver the property to the respective Diplomatic or !140. p. v.,Ch. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. 165 Consular Officer. It is self-evident that, in the event of the Embassy, Mission, or nearest Consulate sending an authorised person to attend to the affairs of the deceased on the spot, the local authorities must conform to the rules laid down in the preceding articles (Art. II). Art. II of the Convention with Sweden and Norway stipulates, further, that if a Russian subject dies in either of those countries at a place where there is no Russian Consular Officer, the local authorities are required to report the case to the nearest Russian •Consulate, to allow the latter to take the necessary steps with regard to the property left by deceased. The Conventions with France, Germany, Italy, Spain, and Sweden and Norway stipulate that all the provisions of the said Conventions shall apply to cases of decease of subjects of the contracting States, even when such decease does not actually take place on the territory of any particular State, provided that property, either real or personal, is left by the deceased in such State or States (Art. 12). Art. 13 of the same Conventions is to the effect that all personal effects and wages belonging to sailors or passengers — who are subjects •of one of the contracting States — dying on board ship, or on shore, in the territory of another of the contracting States, shall be delivered to the Consular Officer of the State to which deceased belonged. In the text of the Convention with Sweden and Norway it is said, further, that such delivery shall be made without any formalities, on discharge •of any debts or liabilities which the deceased may have incurred during their sojourn in the country. Art. 2 of the Maritime Declaration with France of the 8th/20th November 1891, No. 8049, stipulates that the property of every Russian seaman dying on board of a French vessel, either in France •or her colonies, or in the territory of a third nation, shall be handed •over to the nearest Russian Consul, without the necessity for •observing any of the formalities prescribed by French law in cases ■of estate left by deceased persons. The term " estate " includes all " property, wages due, money, and other effects" left by a deceased seaman on board a ship, and also all documents relating to his personalty. The body of a Russian subject who dies abroad may be brought back to Russia on procuring a special certificate from a Russian State Consul. To obtain this certificate the following must be produced to the Consul : — 1. Deceased's passport. 2. Three copies of the certificate of death of the deceased. 3. Certificate of a local physician, duly legaUsed by a Notary Public, stating that the deceased died of a non-infectious disease, and that the body has been duly embalmed and placed in an air- tight and hermetically sealed coffin of metal enclosed in a second one of wood. 4. Written permission from tlie local authorities to transport the body to the Russian frontier. If the body will have to pass § 141. Embalming and Trans- port oi Bodies of Deceased Russian Subjects to Russia. §141. i66 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi. Death of destitute Russian subjects. through several States before it reaches the Russian frontier, written permission must be obtained from the Government of each of these States through the local Consul. 5. Indication of the point at which the body will cross the Russian frontier. After receiving these documents the Russian Consul refers the matter by letter or telegram (R.P.),^ at the expense of the applicant,, to the Governor or Chief of the Russian province or to the Prefect of the town where the body is to be interred. On the request being acceded to, the State Consul must deliver a certificate (otkriti hst) to the person who is to accompany the body, in the following terms : — " By permission of the Governor (or Prefect) " dated the bearer of this document (name, surname) is " allowed to transport from abroad to Russia the body of ^ " deceased at on tlie . by way "of on the Russian frontier." The State Consul must also certify that the body is duly embalmed and placed in an hermetically sealed cofhn of metal enclosed in a second one of wood. When a destitute Russian subject dies, his body must be buried, and the funeral expenses be debited to that fund given to Consular Officers to be spent on charitable purposes. ^ § 142. Inheritance Tax. CHAPTER VII. — Inheritance Tax. Inheritance tax on real estate left b}^ Russian subjects abroad is only payable to the State Exchequer of the country where it is situate and in accordance with the law of that country, while on personal property' duties must also be paid to the Russian Exchequer, in accordance with Russian law, when the heirs are Russian subjects. Foreigners are exempt from this tax.^ If personal property is left to a Russian subject abroad, by a foreign subject, the former is not bound to pay the inheritance taxes on such property to the Russian Government, unless he obtains the estate through the assistance of Russian State Officials, e.g. Russian Consular Officers. § 141, 142. ^ Code of Medical Regulations, Art. 718 ; Circulars of the II. Department of the Ministry of Foreign Affairs of 21st April 1904, No. 4414 ; of 14th October 1913, No. 13,484 ; and of 5th March 1914, No. 3765. * Circular of the I. Department of the Russian Ministry of Foreign Affairs, 20th February 1912, No. 2200. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 14th April 1904, No. 4089. p. v., Ch. VII. INHERITANCE TAX. 167 Before handing over the property to the heirs, State Consular Officers are required to deduct the amount of inheritance tax^ due and remit same to the II. Department of the Ministry of Foreign Affairs. Elective Consular Officers remit it to their State Consul. The inheritance tax is graduated as follows : — • 1. I per cent, on all property inherited by husbands and wives, by relations in the direct line — either ascending or descending — by adopted children, or the husbands or wives of children ; 2. 4 per cent, on all property inherited by step-children, brothers and sisters, half-brothers and sisters and the children of deceased brothers and sisters or half-brothers and sisters ; 3. 6 per cent, on all inheritances by relatives in the third degree of relationship not mentioned in § 2 of this article, and by relatives in the fourth degree of such relationship ; and 4. 8 per cent, on all property inherited by persons who do not come under either of the heads enumerated in the three preceding paragraphs of this Article.* No succession duty is paid if the inheritance does not exceed 1,000 roubles. and Widows, CHAPTER VIII. — Minors and Widows Abroad. In virtue of their office, Russian Consular Officers are provisionally § 143. the guardians and curators of the widows and orphans of all Russian Ass^^ance subjects dying in their Consular district. ^ The Consul assumes the to Minors charge of all property belonging to the widow and orphans, protects them against possible oppression, settles with their creditors and debtors, in short, in every respect takes the place of guardian to them, always conforming to the laws of the country, and to the existing treaties. The Consul only interferes in his ofiicial capacity if the deceased has not himself appointed a trustee or a guardian living in the place. His duties only last until the family of the deceased, or the proper authority, have made special provisions in this respect. In laying down his provisional administration, the Consul gives an account of it to the proper person or Department.* With regard to the legal status of a widow, the Consul must bear in mind that a Russian woman who has attained her majority enjo3-s, according to Russian law, full legal capacity ; is not in need of a guardian ; has the right, when married, to dispose of her property at her own discretion and to manage it herself,^ and may enter into liabilities without requiring the consent of anyone.^ After the death Code of Government dues and taxes, Art. 167. Ibid., Art. 154. ^ Consular Reg., Art. 2. * Ibid., Art. 77. Code of Civil Laws, Arts. 109 & 115. * Ibid., Art. 221. §143. i68 MINORS AND WIDOWS ABROAD. P. v., Ch. viii. of her husband she is the lawful guardian of her children.^ From the above it would appear, therefore, that the duties of a Russian Consular Officer towards a Russian widow are limited to protecting her from possible oppression. The mother of a child born out of wedlock has the same rights and duties towards her child as the parent of a legitimate child. ^ The family name of an illegitimate child may be either the patronymic of the father or godfather, with the consent of the mother and of her father if he is alive, or the family name of the mother. ^ Although there is no provision in Russian law for determining the nationality of illegitimate children, whose mothers are of Russian nationality, when they are born abroad, it is manifest that they must be of Russian nationality, as they are not entitled to take the nationahty of their fathers. Illegitimate children born of Russian women abroad are, therefore, also under the guardianship of Russian Consular Officers. In like manner, Russian Consular Officers are the lawful guardians 'of children of Russian subjects who have become foreign subjects without first procuring their lawful release from Russian subjection, and who were, therefore, still Russian subjects at the time of their death. 4 In order to preserve permanently all the rights of guardianship, Consular Officers must be recognised in their capacity as guardian in ,each separate case by the lawful Russian authority. §144. Consular Protection of Lunatic Russian Subjects. CHAPTER IX.— Lunatic Russian Subjects. The Consular Service includes no class of duties requiring greater dehcacy or circumspection on the part of Consular Officer than that of protecting compatriots who have lost their reason. The task is comparatively simple in the case of persons whose insanity is an established fact, and who have in consequence been deprived of the right to dispose of their persons or property. But, it is a very different matter when the person in question has only lately lost his reason, has not been formally pronounced insane by law, is not dangerous to the pubhc, and still enjoys the judicial capacity to conclude acts, to testify in courts of law, to dispose of property by will, etc. In such case the Consul must act with all prudence and discretion. In Consular practice it frequently happens that a person is supposed to be insane because of certain acts or pecuHarities of behaviour, and the Consul is invited to interfere in the interests of the person himself. The Consul must consider the probable consequences — which might be very serious for him — of interfering with the private affairs of an individual whose insanity is not yet an established fact, and who indeed, may not be insane at all. In the practice of the 231. Ibid., Art. 132. ^ Code of Civil Laws, Arts. 230 ^ Ibid., Arts. 192 & 132. * 5ee "JSTaturali-sation and Release from Russian Nationality." 144. p. v., Ch. IX. LUNATIC RUSSIAN SUBJECTS. 169 tion of Lunatics. Russian Consulate-General in London a case occurred in which certain persons, who had been travelling with an eccentric young Russian, presented themselves at the Consulate and declared him to be mad, maintaining that it was the Consul's duty to have him confined in an asylum. At the same time, however, the case was not one of sufficient gravity to justify any intervention on the part of the Consul. It should be borne in mind, that every one is presumed to be in the full enjoyment of his (or her) mental faculties and therefore entitled to personal liberty, so long as his behaviour does not present a danger to pubhc security, and until the fact of his insanity has been formally established by the proper authorities. It is not the duty of a Consul to thrust himself upon an individual who desires neither his protection nor his admonition. In order to deprive a person of his personal liberty, it is necessary Examina that the most conclusive proofs should be produced of that person's mental derangement. Merely strange or eccentric behaviour, nervous -excitement, hallucinations or idiosyncracies are not adequate cause. If, after having carefully weighed all the circumstances of the case, the Consul is forced to the conclusion that his intervention is called for, and his admonition addressed to the person concerned is not productive of results, the Consul will do well to avoid all direct dealing with the matter, and, instead, make application to the local authorities. This course of action serves, not only to inform the authorities of the case, but also to enable them to decide whether or not it is necessary in the interests of the patient himself, and for the safe-guarding of public security, to deprive him of his liberty, and to confide him to the care of competent persons. This move has a double advantage for the Consul : it covers his responsibility and, at the same time, does not impose upon his State the cost of repatriation of the lunatic, such costs being borne by the local authorities. It often requires much patience and persuasion on the part of the Consul in order to convince the local authorities that it is their duty to provide for the needs and protection of the lunatic, and to arrange for his repatriation if they • consider it advisable. It is the duty of the Legation or Consulate to avoid committing their Government to the payment of these expenses, since the local authorities are bound in their own interests and in accordance with public and international law to bear such expenses. On the other hand, it goes without saying, that the Legations and Consulates can- not wholly ignore indigent lunatics of their nationality, and that, in extreme cases, where the local authorities refuse to do anything for the patient, or where the latter is exposed to the danger of dying of hunger or exposure, or is badly treated, the Legation or Consulate must interfere on his behalf. In 1906, a seaman of Russian nationahty was landed at Leith, having lost his reason while employed as a sailor on board a British vessel. He was suffering from delirium tremens. The authorities at the port refused to place him in an asylum, and intimated that it was the duty of the Russian Consul to take charge of the lunatic, and to rid the .community of him by repatriating him to Russia. The Consul replied §144. 170 LUNATIC RUSSIAN SUBJECTS. P. v., Ch. ix. §145. Lunacy Act of Great Britain. that the man had not been certified as insane by the Russian authorities, and that he was not at hberty to incur any expenses on the man's account without instructions from the Imperial Government. On the other hand, it was for the local authorities to take the necessary measures which the mental state of the person in question demanded — the more so as he had been a member of the crew of a British vessel. The action of the Consul was confined to controlling the measures adopted in the interest of the sufferer. This view of the matter was ultimately, though very unwillingly, accepted by the local authorities,, since the cost of maintenance and repatriation of the individual were very considerable. Although anxious to avoid unnecessary expense to pubhc funds, the authorities could not ignore the fact that every alien, whether sane or insane, while residing in the territory of a State, is, in the eyes of the law, a temporary subject of that State, and must be treated as such. It follows, that the local authorities are bound to take charge of any lunatic, especially as the pubhc security requires that a person who is mentally deranged shall not enjoy his personal liberty. ■ Lastly, it is the business of the State itself to disembarrass itself of ahens, and, in so doing, it is acting in its own interests and should therefore pay the expenses, if the lunatic is without means. The repatriation of aliens is arranged through diplomatic channels ; the local authorities apply to the Ministry of Foreign Affairs of their own State, which, in its turn, opens negotiations with the Ministry of Foreign Affairs of the country to which the lunatic belongs. In Great Britain, the Lunacy Act of 1880 (section 71) provides that the repatriation of an insane ahen must take place on a warrant of the Home Secretary, issued by him after he has acquainted himself with all the circumstances of the case, and has given his consent to the measures proposed for the return of the alien to his own country. Cases may occur in which it is necessary to institute an immediate inquiry into the mental condition of the sufferer, and to formally certify the fact of his insanity when established. Russian law establishes three cases in which a formal examination and declaration as to the mental condition of a Russian lunatic abroad are necessary : — 1. If the Consul, after having reported the case to the Russian Ministry of Foreign Affairs, receives a special order from his Govern- ment to do so. 2. If the relatives of the lunatic apply to the Consul asking him to do so, and undertake to pay the expenses incurred, if the lunatic has no means of his own. 3. If the local authorities for some reason, as, for instance, on account of the lunatic being owner of real estate in the district, require that he be formally recognised by the law as insane. If the Consul be requested by the local authorities to take part in the inquiry, he cannot do so without having previously obtained §145. p. v., Ch. IX. LUNATIC RUSSIAN SUBJECTS. 171 the authorisation of the II. Department of the Russian Ministry of Foreign Affairs. According to the Decree of the Imperial Russian Senate of the 13th May i860, No. 22,902, the examination as to the mental con- dition of Russian subjects, who have become insane during their stay abroad, must be conducted in conformity with local law, and with the co-operation of a delegate from the local Russian Legation or Consulate. The proceedings will only be recognised by the Russian Government if the Russian Consul takes part in them. The document drawn up on such occasions must be legalised by the Consul, who must state that all the proceedings have been conducted in accordance with local law, and it must then be sent to the II. Depart- ment of the Russian Ministry of Foreign Affairs with a certified Russian translation. The document is transmitted by the Ministry of Foreign Affairs to the Minister of Justice, who sends it to the Senate. In addition to this, so that the lunatic should have no legal capacity, it is necessary to obtain a certificate from the doctor who had charge of the patient, and this document, attested by a Russian Consular Officer, must be presented to a Court of Justice.^ Russian Consuls must take upon themselves the charge of lunatics and of their property abroad, unless they possess relatives or friends who are wilhng to give a written undertaking to perform these duties. On the recovery of Russian lunatics abroad, they must be examined and declared sane with the same formahties as were observed when they became insane, that is, in accordance with the laws of the country in which they are residing at the time, and with the co-operation of the local Russian Legation or State Consulate. The substitution of the official member of the Legation or State Consulate by a private delegate is only permissible if the place of examination is very distant from the Legation or Consulate, and then only with the sanction of the Russian Ministr}^ of Foreign Affairs. An examination and declaration made without the co-operation of a delegate from a Russian Legation or Consulate cannot be recognised as valid by the Russian Government unless the Russian Ministry of Foreign Affairs certifies that there was, at the time, no Russian Lega- tion or Consulate in the country where the lunatic resided. The expenses of a delegate of the Legation or Consulate and all the charges for the protection and possible repatriation of the lunatic are to be recovered from his property. If he is destitute the expenses are defrayed by the State treasury in accordance with Art. 370 of the Russian Civil Law.^ Expenses incurred on behalf of insane persons of Russian nationality by Legations or Consulates, will not be refunded until the lunatic has been examined with the express consent of the Russian Government and certified as insane by the Russian Imperial Senate. J Cons. Reg., Art. 2. Circular of the II. Department of the Russian Ministry of Foreign Affairs of 3Qth June 1880, No. 6081. * Svod Zakonov, Vol. X., Part I., Edition of 1887. §145. 172 §146. Presents and Dedications to their Ddajesties. CHAPTER X. — Presents and Dedications of Foreigners to their Majesties. Foreigners who desire to present His Majesty or Her Majesty with books, addresses or artistic products, or to make a dedication to His Majesty, must apply to a Russian Legation or Embassy, which will make an inquiry about the personality of the donor and the circum- stances under which the present or dedication is proposed to be made. If the inquiries are satisfactory and the Legation or Embassy judge the application worthy of consideration, a report about it is made to the Russian Ministry of Foreign Affairs, but this does not involve the acceptance of the present. The Ministry of Foreign Affairs informs the Legation or Embassy of the decision in the matter, and the donor receives notice from the latter. 1147. Disputes between Russian Merchants Abroad. CHAPTER XL — The Consul and Disputes between Russian Merchants. The Consul is entitled to act as mediator between Russian merchants in disputes arising within his Consular district and relating to mercantile matters, and to arbitrate in all litigations between Russian subjects, if both parties desire him to do so.^ He must do all in his power to settle any differences or disputes which may arise between Russian merchants established in or travelhng through the place in which he resides, if the interested parties apply to him and formally declare that they will abide by his decision without appeal to any foreign authority. This declaration, and also the statement, requisite according to the rules of courts of arbitration, ^ that the persons in litigation wish to have recourse to such, must be legalised by a Russian State Consul.^ If the parties do not choose to submit to the Consul's decision, or if it is expressly mentioned in the statement handed in by them that they wish to reserve to themselves the right to appeal to a legally constituted court, it is open to them to appeal to the courts of the Empire. In any case, the Consul will communicate on the subject with the Imperial Legation to which he is subordinate.* CHAPTER XII. — Consular Jurisdiction in Non-Christian States. In Persia, Turkey, China and Corea, Russian Consuls have the right of^jurisdiction over Russian subjects residing in those countries enjoy- ing the privilege of Exterritoriality. ^ Cons. Reg., Art. 2. ^ Cons. Reg., Art. 105. ^ Code of Civil Procedure, Art. 1369. * Cons. Reg., Art. loc,. §§ 146. 147. p. v., Ch. XII. CONSULAR JURISDICTION, &c. 173 The existiner organisation of Russian Consular jurisdiction in § 148. Consular Persia was established by the Russian law of the 21st January 1829, jurisdiction' and is in accordance with Arts. 143 to 177 of the Russian Consular in Persia. Regulations. The Consular and Mission Courts constitute the courts of first resort. They are presided over, respectively, by the Consul and the Head Dragoman. Assistant judges are selected from among local business men of Russian nationality. The jurisdiction of the Consular Court extends to all cases arising in the Consular district. In cases involving matters of less value than 30 roubles, the Consul decides without assistance. The Mission as Court of first resort has jurisdiction outside of the Consular district.^ The second resort is a court presided over by the First Secretary of the Mission, who is also the Consul-General for Persia. His court consists of judges selected by the resident Minister from Russian subjects at Teheran. 2 The third resort is constituted by the IV. Department of the Imperial Russian Senate. Claims must be presented in writing, and the pro- ceedings are summary and have no particular form.^ The observance of the Russian Code of Civil Procedure is not necessary. The decisions of the court are given in accordance with local usage or, where that does not apply, in accordance with Russian law.^ Judgment is given in Russian if the assistant judges and the parties concerned are acquainted with the language. If not, the languages used are not only Russian but also that of the particular locality.^ Appeal is. allowed against the judgments of courts of the first resort in all cases involving sums over 150 roubles, and from those of the second resort in cases involving amounts of 600 roubles and upwards. « The appeal does not stay judgment, but the amount in Htigation must be deposited with the court pending the decision of the court of appeal.' The appellant is required to guarantee to his adversary 5 per cent, of the amount in dispute as compensation for the delay, and this sum is forfeited by him if the decision of the Court of Appeal is in his opponent's favour. If the papers relating to the case are sent to the Imperial Senate, the whole of the sum deposited with the court must be sent also, and is then deposited at the Imperial Bank at Petrograd, bearing interest while it remains there. If the matters in dispute consist of merchandise, they are sold by public auction and the sum realised by the sale is sent to Petrograd.^ Disputes between Russian subjects and the subjects of other powers (not Persians) are settled by the competent authorities of the power to which the person against whom the charge is made belongs.^ Dis- putes between Russian subjects and Persians are settled by Persian judges in the presence of the Russian Consul or the Dragoman. Appeal to Russian courts is not allowed. The resident Minister may ap- proach the Persian Government with a view to appointing mixed tribunals." ' Cons. Reg., Arts. 147 to 149. 152. - Cons. Reg., .\rt. 150. * Cons. Reg., Arts. 155 to 157, 161. ■• Cons. Reg., Art. 158. * Cons. Reg.. Art. 163. ® Cons. Reg., Art. 164. ' Cons. Reg.. Art. 167. ^ Cons. Reg., Arts. 168 to 170. » Cons. Reg., Arts. 171 and 172. *" Cons. Reg., Arts. 173 to 175. §148. 174 CONSULAR JURISDICTION, &c. P. v., Ch xir. § 149. Consular Jurisdiction in Turkey, § 150. Consular Jurisdiction in China. §151. Consular Jurisdiction in Corea. Disputes between Russian subjects trading in Turkey are settled by commissions appointed by the Russian ambassador at Constanti nople and acting under his supervision.^ They have final jurisdiction in cases involving sums of not exceeding i,ooo piastres. ^ If the amount in dispute exceeds this sum, appeal is allowed to the IV. Department of the Imperial Senate. In such cases the appellant must give security for the amount claimed.^ Notice of appeal must be given not later than seven days after decision of the court, and the documents presented within six months to the judge judex a quo. The Director of the First Department of the Ministry of Foreign Affairs takes part in the proceedings of the Senate.* In China, Russian Consuls have jurisdiction over their country- men. Consular Courts are established on the same hnes as in Persia, with the difference that the Consul is authorised as sole judge exclusively to decide disputes between the captain and crew of Russian vessels.^ In Corea, jurisdiction over Russian subjects and their property is exercised by Russian Consular agents or persons entrusted with such duties.*^ In cases of dispute between Russian subjects on the one side and Corean subjects or the Corean Government on the other, and in cases of arrest of property owing to offences against the Trade and Customs Regulations, the competent court is that of the nation- ahty of the accused. The representative of the nation to which the other party belongs is at liberty to be present, to call and examine witnesses, and to protest against the form of procedure and the judg- ment. Domicihary visits, or visits of inspection to Russian ships, may only be made by the Russian Consul." In Japan the jurisdiction of Consuls on the basis of Exterritoriality has been abolished. §152. Consular Supervision o! Russian Subjects in Persia. CHAPTER XIII. — Consular Supervision of Russian Subjects. In the civilised or semi-civilised countries of the East, Russian Con- sular Officers are invested with extensive powers of supervision and jurisdiction over Russian subjects, in accordance with the privilege of exterritoriality conferred on them by special State Treaties or " capitulations." For instance, the duties of Russian Consuls in Persia are to watch over the conduct of Russian subjects residing in their Consular districts, and, if necessary, to employ correctional §§ 149, 150, 151, 152. ^ Cons. Reg., Art. 179. ^ Cons. Reg., Art. 180. ^ Cons. Reg., Arts. i8r, 182. ■* Cons. Reg., Art. 189. ^ F. Martens, International law (in Russian), St. Petersburg, 18S3, Vol. II., page 90. ^ Cons. Reg., Art. 190. ^ Leske Sc Lowenfeld : Die Rechtsverfolgung im Internationalen Verkehr. Berlin, 1896, vol. II., page 3. p. v., Ch. XIII. CONSULAR SUPERVISION, &c. 175 and police measures towards them. In extreme cases they may request the Imperial Russian Legation at Teheran to have the offend- ing parties expelled from Persia, accompanying their request with a statement of the reasons which have induced them to resort to such extreme measures. In civilised countries the competency of Russian Consular officials in relation to their fellow subjects is much more restricted. They are required to execute all commissions and instructions entrusted to them by the Home Government, whose interests, as Government agents, it is their duty to serve ; but they are not at liberty to inter- fere with the powers of local jurisdiction or of the police, and are only entitled to the assistance of the local authorities on the basis of their exequatur, or other official recognition of their competency, for protection in cases of emergency or in cases specially provided for in State treaties or in accordance with local law. A special duty rests with the Russian Consul-General at New York, who is instructed to arrest any Russian subject who, for a crime committed in Russia, is to be repatriated on an extradition warrant.^ Consular Officers are often invited by the Russian authorities to communicate with Russian subjects residing in their districts or to hand them documents. In such cases a voucher signed by the recipient of the communication should be sent to the authority in question to prove that the commission has been properl}^ executed. If the person for whom the message is intended resides in the same town as the Consular Officer, the Consul is entitled to summon him to appear at the Consulate. If he is not a local resident, the Consular Officer must apply, as in the case of communications with foreigners,- to the police of the place, requesting them to make the necessary communication, or to deliver the document, against a voucher signed by the recipient. This voucher is then to be sent to the authority from whom the message was received. Elective Consular Officers forward such vouchers to their State Consuls. Direct correspondence with the persons referred to is not recommended, as they frequently refuse to give the required vouchers and the Consular Officer is left without the means of proving to his superiors that he has fulfilled the commission entrusted to him. In order to facihtate such communications, the Consular Officer should be provided with as complete a list as possible of all Russian subjects residing in his district, and their addresses. Russian travellers are requested to leave their addresses at the Consulate. In Persia, Russian subjects arriving at a town where there is a Russian Legation or Consulate, are required to present themselves at such Legation or Consulate as soon as possible and declare the purpose of their journey.^ Russian subjects residing abroad receive, through the medium of Russian Consular Officers, notifications and summonses relating to military service in Russia. § 153. Coasular Supervision oli Russian Subjects at New York. §154. Delivery ot DDCumeats by Consul. s^ 155. Summonses relating to Military Service. '■ Cons. Reg., Art. 78. ^ See under " Commissions from Government," Part I., Chapter 10. ^ Cons. Reg., Art. 145. §§ 153, 154, 155. 176 CONSULAR SUPERVISION, &c. P. v., Ch. xiii. § 156. Russian Army Uni- forms Abroad. Russian subjects belonging to the army are not permitted to wear their uniforms abroad, unless when assisting at public functions, or when being presented to persons of the highest rank, or when appearing at military reviews or manoeuvres. Consular Officers are required to see that these rules are observed, and to report cases of infraction to the General Staff of the Russian Army (Elective Consular. Officers through their State Consul).^ CHAPTER XIV. -Military Service of Russian Subjects. § 157. Compulsory Military Service. According to the Laws of 1874 and 1912, mihtary service in Russia is regarded as an honour and a duty incumbent on all male subjects of the Empire. Every Russian subject is required to enter the army or navy as soon as he attains his twentieth year. No substitute or money equivalent is accepted in lieu of service, and there are no privileges of rank or position which can absolve a Russian from the duty of serving his term with the national defences. The whole term of mihtary service for Infantry and Artillery — excluding Horse Artillery — is eighteen years, of which three years must be spent in actual service, and fifteen years in the Reserve. For all the other departments in the army, seventeen years of service are required, of which four years must be spent in actual service, and thirteen years in the Reserve. The term of service in the navy is ten years, of which five must be spent in actual service and five in the Reserve. The Reserve consists of men up to 39 years of age. The Militia is formed of able-bodied men up to 43 years of age who have not served in the Army, of men up to 50 years of age who have retired from service holding the rank of superior officers, and of men up to 55 years of age who have left the service holding the rank of General. These terms of service are observed in time of peace. In time of war the duration of service under the colours depends upon the actual need of the State at the moment. Men who desire to serve in the Russian Army as volunteers, without drawing lots, must be 17 years of age, and must satisfy the ordinary requirements of health and efficiency necessary for admission to- mihtary service. They must have completed a course of education at a " High School " or " Middle School " or have passed through six classes of a gymnasium, or the second class of the ecclesiastical seminary, or passed an examination corresponding to such. The term of service for volunteers is 18 years, of which 2 years are demanded for actual military service, and 16 years in the Reserve. Exemption from actual service, or postponement, or reduction from term of service is accorded for the following reasons : — I. Exemption is granted to certain parts of the population possessing ^ Circular of the II. Department of the Ministry of Foreign Affairs of 27tli. June 1878, No. 5925. 156, 157. p. v., Ch. XIV. RUSSIAN MILITARY SERVICE. 177 special rights. For instance, the military service of Cossacks is subject to a special order. Certain nomadic tribes are exempt from military service. Finland pays down a sum of money into the Russian Exchequer in order to receive exemption from military service. 2. Exemption is given on account of physical drawbacks, provided that such incapacity has not been brought about wilfully. Such a matter is inquired into by the military commission of the district. 3. Exemption is granted on account of circumstances connected with family life. These are divided into four classes. The first class includes : — {a) Only sons. (6) The son who is the only one fit to work, when the father is incapacitated, or the mother is a widow ; if at the time of presenting himself for military service, this man has no brother who has reached the age of 16 years, nor a brother already in actual militar}' service — either because he drew a lot, or because he is serving as a volunteer — who will complete his term of military service during the next year. (c) A man whose parents are dead, and who is the only one fit to support one or several brothers or unmarried sisters, provided that he has no brother who has reached the age of 16 years, nor a brother already in actual military service — either because he drew a lot, or because he is serving as a volunteer — who will complete his term of military service during the next year. {d) The only grandson fit to work, when the grandparents have no son fit to work, or any other sons or grandsons who have reached the age of 16 ; or sons or grandsons who are already in actual military service — either because they drew lots, or because they are serving as volunteers — who will complete their term of mihtary service during the next year. {e) An illegitimate son who supports his mother, or his unmarried sister or his brother who is not fit for work ; provided that the mother has not another son fit to work, nor one who has reached the age of 16, nor one who is already in actual military service — either because he has drawn a lot, or because he is serving as a volunteer — who will complete his term of military service during the next year. (/) A widower who has neither parents nor grandparents, and who has one or several children. (g) Exemption of the second class refers to the son who is the only one fit for work, whose father, though capable of work, is 50 years of age, but under 55 years, and if there is no other son who has reached the age of 16, nor one who is already in actual military service — either because he has drawn a lot, or because he is serving as a volunteer — who will complete his term of mihtary service during the next year. (Ji) Exemption of the third class refers to : — (i.) The son who is the only one fit to work, whose father, although capable of work, is under 50 \^ears of age, and who §157. 178 RUSSIAN MILITARY SERVICE. P. v., Ch. xiv. has not another son who has reached the age of 16 nor one who is already in actual military service — either because he has drawn a lot, or because he is serving as a volunteer — who will complete his term of military service during the next year. (ii.) A man who by age follows immediately after a brother who died during actual military service, or who disappeared during war. {i) Exemption of the fourth class refers to : — (i.) A man whose age follows immediately after a brother who is already in actual mihtary service — either because he has drawn a lot, or because he is serving as a volunteer — who will not complete his term of service during the next year. (iii.) A man who does not come under the benefit of the exemption of the preceding classes in consequence of another member of his family who has reached the age of 16, or who is already in actual military service — either because he has drawn a lot, or because he is serving as a volunteer — who will complete his term of military service during the next year. When the recruits are called in, the authorities begin by enrolling those men who are not entitled to any exemption, and if these do not afford the number required annually in each province, then those men are taken who are entitled to the fourth class of exemption — then, those of the third class, then those of the second class if the mihtary strength is still insufficient. Those men who belong to the first class of exemption can only be called upon for actual service by special authorisation from His Imperial Majesty, the Emperor. 4. Exemption is granted on account of circumstances of an economic nature. — A postponement of military service of not more than 2 years, is granted to men who are managing their real property, or commercial, or industrial firms. A postponement of from 3 to 6 years is granted to persons who change their abode to the province of Transbaikaha, Kamtchatka, Turkestan of the Amur, Tobolsk, Tomsk, Eniseisk and Irkutsk. 5. Exemption is granted in accordance with the standard of edu- cation. — Men who receive their education at a " Middle" school may postpone their actual military service until after the completion of their 24th year. Men who receive their education at a "High" school, which requires a training of 4 years, may postpone their military service until they complete their 27th year. Men who receive their education at a " High " school, which requires a training of 5 years, may postpone their military service until they complete their 28th year ; or they may have studied in Greek Orthodox Seminaries, or at the Roman Catholic academies, or at the Armenian Gregorian Ecclesiastical Academy at Etchmiadsin, or in the " High" school of the Imperial Academy of Arts. Men who are sent abroad to complete their education at the expense of the Government in order to enter upon an academic career. §!157. p. v., Ch. XIV. RUSSIAN MILITARY SERVICE. 179 or into the teaching profession, may postpone their actual miUtary service until they have reached the age of 30. " Candidates of Theology" as pastors of the Evangelical-Lutheran faith, may postpone their actual service for 5 years, dating from the moment they receive the degree of " Candidate." If, after the lapse of 5 years, such " Candidates " have not received a " living," they must serve in the army a term, the length of which corresponds in accordance with the standard of their education. Any man who has not the legal right to receive the postponement of military service for the completion of his education, may petition the minister, or chief to whom the educational establishment is sub- ordinate, for such postponement. 5. The term of actual service in the army is subject to reduction in the following cases. — (a) Those who have passed their examinations at what is called a " Lower School " (which is a grade higher than an elementary school), or at a "Middle School" or " High School" have, on drawing lots or on volunteering, to serve only 3 years on actual service, and 15 years in the Reserve. (6) Men who have obtained the right to be officers, and besides, have passed their examinations at a "Middle School" or "High School," also those who have passed six classes of a " Middle School," or the second class of an ecclesiastical seminary, also those who have passed an examination corresponding to the educational level of such Institutes, have, on drawing lots or on volunteering, to serve only 2 years in actual service, and 16 years in the Reserve, if they pass the examination of ensign or cornet during the time they are on actual service. The term of actual service in the Navy is 3 years, and in the Reserve 8 years, for those who have passed their examinations at a " Lower School," and who have been enrolled by lot, or who have offered them- selves as volunteers. The following come under the first class : — Captains or engineers of the merchant fleet, or those who have passed an examination corres- ponding to that examination which captains and engineers have to pass, have, by the drawing of lots or by volunteering, a term of actual Naval service of 2 years and must spend 8 years in the Naval Reserve. Those belonging to the second class must serve 3 years in the actual service, and 8 years in the Naval Reserve. The Ministry of Trade and Industry in common with the Ministry of Marine decide to what class each captain or engineer belongs. 6. Exemption or postponement from military service on account of certain professions. — Entire exemption is granted to all the clergy of all Christian denominations ; psalm-singers, of the Russian or Greek Orthodox Church ; Mohamedan High Priests, Imans, Khatins, Mullahs, and Majazins ; Academicians and their Deputies ; Professors of universities ; Prosecutors and their assistants ; Lecturers of Oriental languages ; Docents of " High Schools" ; Pensioners of the Imperial Academy of Arts ; and those who, having completed a course at Industrial Schools of Art, are sent abroad by the Government in order to continue their artistic education. §157. i8o RUSSIAN MILITARY SERVICE. P. v., Ch. xiv. §158. Military Service of Sons of Diplomatic Officers and of Priests. Pilots and their pupils are exempt from military service, and must belong to the Reserve of the Navy for lo years. Those who during a period of lo years have not served as pilots more than once, must serve 5 years in the Navy. However, every 2 years of service as pilot, is reckoned as i year of actual Naval service. All those who have served 12 months as mates, engineers, or firemen on board Russian merchant vessels, and who are otherwise not allowed any privileges regarding military service, shorten their time of military service by I year which is added to the period of time to be served in the Reserve. Sailors of sea-going vessels of the Russian merchant fleet, and engineers or firemen on every kind of steamer of that fleet, in time of peace, can postpone their military service for one year, but not longer, until their hire-contracts have expired. If at the time of their call to the colours, these men are abroad, they must apply to the nearest Russian Consulate for a certificate which must state that they are indeed serving on board a sea-going merchant ship, and it must also mention the length of time and the capacity in which they have been employed on board the ship. This document is given free of charge on the production of a certificate from the captain as to the applicant's service, and it must be sent by the sailor in question to the mihtary service officer of the division in which the applicant is enrolled. The privilege of serving as a volunteer in the Russian Army, viz., without taking the chance of drawing lots, is accorded to : — 1. Men who hold a diploma for having passed through the final examination at educational institutions of the first class, viz. : — Universities, gymnasiums, schools of sciences of at least six classes, lyceums, technical and other colleges. Men belonging to such institutions are called upon to serve only i year in the Army. 2. Men who have passed a special examination enabling them to be considered as volunteers of the second class, are called upon to serve 2 years in the Army. Men who are desirous of being admitted into the ranks of the Army as volunteers, must address a petition to the commander of the regiment which they wish to enter, with the following enclosures : — (i.) Two Russian revenue stamps of the value of i rouble each. (ii.) Certificate of enrolment in a conscription area, (iii.) Certificate from a doctor who belongs to the Russian State Service, to the effect that the applicant from the point of view of health and bodily constitution fulfils the requirements of those recognised as fit to serve in the Russian Army. (iv.) Diploma for having passed the examinations mentioned above. Persons residing abroad are entitled to the following privileges : — I. If the sons of Russian diplomatic agents and other persons residing abroad on account of their official or sacerdotal duties, who are being educated at foreign educational estabhshments, present a certificate, duly attested by the proper Russian Embassy, Legation 158. p. v., Ch. XIV. RUSSIAN MILITARY SERVICE. i8i or State Consulate, that they are still at such establishments, a post- ponement of their military service will be granted, to enable them to finish their studies, until their 22nd or 28th year according to the class of Russian educational establishment to which the school, at which they are being educated, corresponds, this being decided by the Minister of Public Instruction. 2. The exemptions for young men who have completed their education at Russian educational estabUshments, apply also to the sons of Russian diplomatic agents and other persons residing abroad on account of their duties to the Russian State or their sacerdotal offices, provided that they have been educated at foreign educational establishments and have there received diplomas, in virtue of which, according to the laws of that country, the usual term of military service would be reduced, or if they have been admitted into an educa- tional establishment, the science curriculum of which corresponds to one of the ist or 2nd class Russian schools. To obtain the benefit of such exemptions the young man must : — - (a) Present his diploma or certificate (the authenticity of which must be attested by an Embassy, Legation, or State Consulate, to the ^Ministry of Public Instruction, which will state to which class of Russian educational establishment the school that has issued the diploma or certificate corresponds. {b) Pass a supplementary examination in the language, literature, history and geography of Russia, and if he belongs to the Greek Catholic Church, in theology. The syllabus and proceedings at these examina- tions are arranged by mutual agreement between the Minister of Public Instruction and the Minister of War. 3. To young men who have been educated at foreign educational § 159. estabUshments otheiwise than in consequence of their fathei's service ^^*.*^y abroad, the aforesaid exemptions in paragraphs i and 2 can only be other granted by special permission of the Emperor. Such permission Russians must be sought from the Minister of Public Instruction, after obtaining AbrS the express consent of the Minister of the Interior. Together with their petition for postponement, such young men must present, among other documents, certificates from the head of the school where they have been educated, proving that their conduct has been good and their studies satisfactory. The petitioner must also state the time required to finish his studies at the school. These certificates must be attested by a Russian Embassy, Legation, or State Consulate, and an attested translation into the Russian language must be affixed. Russian Consular Officers must make sure of the authenticity of such certificates before attesting them. Some petitioners presume that an attested translation without the certificate itself is sufficient for establishing their right to the postponement of military service. This is not so, as the law provides that the attested certificate must accompany the petition for postponement. ^ In the petition for the postponement, mention must be made of the district of enhstment (Prisivnoi Out- chastock) to which the petitioner belongs, of the forei>n address of ^ Military Service Regulations, Art. 64, annexe to Note 2. Circular oi tne II. Department of the Russian Ministry of Foreign Affairs of 27th March 1914, No. 4901. §159, l82 RUSSIAN MILITARY SERVICE. P. v., Ch. xiv. §160. Military Service for Russians who have completed their Studies Abroad. §161. Enlistment. F § 162. Conscription Areas for Military Service. the petitioner, and that of his parents or of those residing in Russia to whom the reply to the petition can be sent.^ 4. Russian subjects who have completed their studies at foreign educational establishments which do not correspond to the conditions pointed out in paragraph 2, and also those young men mentioned in paragraph 3 to whom paragraph 2 does not apply, must, in order to obtain exemption from military service in virtue of their education, pass the examination of a Russian educational establishment, accord- ing to the general rule. The number of men required to fill the ranks of the army and navy is settled by legislative enactment every year. EnHstment is decided by lot once in each man's lifetime. Persons who, from the number of the lot drawn by them, are exempt from service in the regular army, are enrolled in the mihtia (opoltscheny). Each year only persons of a certain age are required to draw lots, that is to say, all the young men who have, on the ist October of that year, attained the age of 21 years. The yearly summons to military service, and the selection therefor, take place throughout the Russian Empire during the period from the i/i4th October to the i/i5th November. There are conscription areas for military service, consisting either of a part of a district or of a whole district. Towns with not less than 10,000 male inhabitants form a separate conscription area. All male persons who have reached the age of 16 receive a certificate of enrol- ment in a conscription area not later than the 31st December of the year in which they reach the age of 20. Such enrolment takes place upon a declaration, which the person wishing to become enrolled must present, together with his birth certificate, or a document in heu of it, at the mihtary service office of the district or town which forms the conscription area chosen by him. In every province there is a provincial military service office, in every district a district military service office, and there are separate town military service offices in Petrograd, Moscow, Odessa, Riga, Kazan, Charkoff, Kiew, Saratoff, Vilna, Kishineff, Cronstadt, Nikolaiev, Sevastopol, Tifhs, and Warsaw. Russian subjects living abroad, who desire to petition for the postponement of their mihtary service, must apply direct to the office of the province or town to which they belong. 2 All persons hable to military service are entitled to present them- selves for the drawing of the lots either in the conscription area in which they are enrolled, or in one in which they, or their parents, possess real estate, or in which they have lived for not less than three months previous to the day on which the declaration has been made, as to the chosen conscription area. At the time of drawing lots, the divisional and town offices fix a day for the draw in every conscription area, and make arrangements for summoning to the enUstment place of every conscription area all persons enrolled therein. §§ 160, 161. 162. ^ Circular of the II. Department of the Russian Ministry of Foreign Affairs of gth January 1910, No. 182. ^ Prisutstive po voinskoi povinnosti. p. v., Ch. XIV. RUSSIAN MILITARY SERVICE. 183 Legitimate reasons for not obeying the summons are grave or dangerous illness and other insuperable impediments. If a person, who is thus unable to appear, is abroad, he must apply to the nearest Russian Consulate, either for a certificate evidencing the fact of the impediments, or for the legaHsation of a certificate given by a com- petent local person to similar effect. Certificates attesting the illness of Russian subjects who are prevented from presenting themselves at the appointed time for military service are issued exclusively by Russian State Consuls, in accordance with Art. 158, Note 2, of the Code of MiHtary Ser\'ice, and Art. 97, Note i, of the Finnish Code. These articles are as follows : If a man who is living abroad is unable to present himself at the proper time for military service, on the score of ill-health, then a doctor's certificate must be submitted as a proof that he is unable to present himself. The Consular Officer appoints a physician to examine the patient, and to give a certificate stating that for the time being he is unable to present himself for mihtary service, which certificate must be duly attested by the Embassy, Legation or State Consulate of the district. ^ These latter authorities, when legalising the said certificate, must also personally vouch for the fact of illness and indicate on the certificate the name of the military authority to whom it will have to be produced. Then the certifi- cate — with a translation into Russian, after it has been properly legalised as above — must be sent by the Russian subject himself to the proper mihtary authority in Russia. ^ Besides illness the law recognises also other insuperable circum- stances as excuses for not appearing before the Military Authorities for service ; for instance, lack of monetary means for travelling to Russia, interruption of means of communication, imprisonment and similar circumstances. Consular Officers when called upon to give certificates to this effect must mention in what way the identity of the applicant was estabhshed and in which manner the existence of such insuperable circumstances has been ascertained. The use of the following form is recommended^ : — The Imperial Russian Vice Consulate certifies that the Russian Subject X. of the age of years, who must present himself for Military Service in the year or who belongs to the Reserve or the Mihtia, has not the possibihty to return to Russia at present for this and that reason. In proof of his identity X. has pro- duced his passport for going abroad or another document. Russian subjects who find themselves in an enemy's country can receive such certificates from the Diplomatic Representatives who have taken charge of Russian interests in that country and who have to certify the identity of the Russian subjects applying and also the fact of their presence in the enemy's country.* 1 Military Service Regulation, Ed. 1897, Art. 158. Circular of the II. Depart- ment of the Russian Ministry of Foreign Affairs of the 19th June 1914, No. 9205. - Regulation of the Military Authorities of the year 1900, No. 128. » Circulation of the II. Department of the Russian Ministry of Foreign Affairs of the 2oth August 1874, No. 6562. •• Circular of the Russian Embassy in London of the iSth March 191 5 to the Russian Consulate Officers. §162. i84 RUSSIAN MILITARY SERVICE. P. v., Ch. xiv. When the time for mihtary service has come, each man who is abroad must present himself to the proper mihtary authorities in Russia, and this rule must be observed even though the case is one of total incapacity to serve in the army. The Russian mihtary authorities reserve to themselves the right to decide with each man as to his capacity or incapacity to serve in the army. Russian Consular Officers have not the right to undertake and to arrange for Russian subjects, the examination which passes them for the military service of their country. On February 27th 1915, the Russian War Office made the following announcement : — " Dating from March 14 (Old Style, March i), 1915, the privilege of not entering mihtary service during the present war, which was granted to Russian subjects on account of their living abroad, is now revoked. This not only applies to those who will be called to join the Army after the 1/14 March, but it also includes those who have been called before the 1/14 March, inclusive. Thus after the 1/14 March all Reservists and Militiamen who have been called upon to serve up to that date must leave for Russia ; that is to say, all officers, doctors, those connected with any department of the Army, and the rank and file of the Reserve. Out of the number of Mihtiamen the following soldiers are called to the colours : — ■ " {a) Commissioned Officers up to the age of 50. " {b) Officers of the Staff and Generals up to the age of 55 inclusive. " (c) Privates of the ist Class of Militia who have not served in the rank and file of the army when they were under the age of 35 years. " Reservists and Militiamen who remain abroad after March 1/14, although not having any reason for not returning to Russia, are liable to be punished according to Russian law. " Only those Reservists and Militiamen who on March 1/14 are serving in the armies of those States which are allied to Russia, are not under an obhgation to present themselves for military service in Russia." In accordance with the requirements of the war, new temporary Regulations referring to Russian Military Service are promulgated ; for instance, the Class 1897 has been already called to the colours. CHAPTER XV. — Pensions Referring to Military AND Naval Service.^ § 165. The following men of the lower ranks of the Army and Navy have the Pensions. right to be provided for by the Government independent of their private means if they have become incapacitated for work in con- sequence of their military service. I. Men of the Army, the Navy, the Frontier Guards, Gendarms, and Cossacks belonging to the Reserve, or State Militia, if they have been discharged from Military service, or if they have served their time by the drawing of lots, or bv volunteering. ^ Military Service Regulations, Art. 35^, annexe 3. 165. p. v., Ch. XV. PENSIONS. 185 2. Those who have been called to serve their country as miUtia men or in Cossack regiments. 3. Those who have belonged to volunteer forces organised iu war time by military authorities. All information about such cases is brought to the knowledge of the District Military Chiefs, or Atamans. Soldiers who have become incapacitated for work after their discharge from the Army in conse- quence of having been invahded on active service, and who for some reason have not received a certificate proving their case, may, up to five years, dating from the moment of their discharge, apply to the Council for military service in the town or district. Pensions for military or naval men cease : — {a) In case of death : {b) If Holy Orders are taken : (c) If they become State employees, they receive a pay with the right to a pension. {(i) In case of legal judgment passed upon them which deprives them of their right to a pension. [e) If they remain abroad for a longer period than their permission grants. (/) If they become citizens of another State. {g) If the term expires for which the pension has been granted. {h) If an appearance is not made at the stated time for being re- certified. Widows and orphans of the above-mentioned military or naval men have the rights to pensions : — 1. If these soldiers have died of wounds or from internal or external injuries, or have had illness brought about through the circumstances of war, or have been killed, or have disappeared during war time. 2. If death has taken place not as a consequence of wounds received in fighting, and outside the theatre of war, provided that it occurs before one year has elapsed dating from the establishment of peace, or the disbanding of the battahon to which the soldier belongs. 3. The term of one year can be extended to five years, if it can be proved that death took place as a consequence of wounds, illness, or injuries brought about by the conditions of war. 4. Pensions are accorded to the widows of those soldiers who have died during time of peace while they were giving their services to their country, or on the completion of such service, if it can be proved that death took place as a consequence of wounds, illness or injuries which stand in causal nexus to his mihtary service. But it must be also proved that death has taken place not later than three years from the time the soldier left the service. 5. Widows are entitled to a pension if their husbands also received one during life-time. But this provision is made : they must have been married not less than one year before death takes place. An orphan receives half of that pension which his (or her) mother would receive if she were alive ; three-quarters of this same amount is §165. i86 PENSIONS. ■ P. v., Ch. xv. given when there are two orphans in the family ; and, the whole pension which would be accorded to the mother when aUve is granted to support three or more orphans of the family. Pensions of widows of non-commissioned officers amount to 84, 60 and 48 roubles per annum according to the rank held by their husbands during life-time. In order to receive the pension, with the petition must be enclosed : — 1. A certificate of the marriage of the parents performed with religious rites : 2. Birth certificate of the orphans : 3. Certificate proving the prospective pensioner's connection with the deceased : 4. Certificate proving that the orphan has not lost the right to receive the pension ; viz. : — {a) That he has not been received into a public institution as free boarder ; (6) That he is not implicated in a case under the investigation of a Court of Justice ; (c) That he is alive ; {d) That he has not taken Holy Orders ; (e) That he has not become a State employee with a right to a pension in the future ; (/) That he has not been found guilty of a crime entailing the loss of civil rights, nor one of the following crimes which do not deprive him of his civil rights : stealing, swindling, embezzling, receiving and purchasing stolen goods, usurious practice, even if after having been condemned for these crimes, prescription takes place, or, if punishment has been eliminated owing to a manifesto of grace, or on a special order of His Majesty ; (g) That he does not remain abroad for a longer period of time than originally was granted by the authorities ; {h) That he does not become a foreign subject ; {i) When the pensioner has failed to present himself for a new investigation of his case on account of the term of his pension having expired. The widow, or orphans, or those who are taking charge of the orphans, must present the petition for the pension to the Chamber of Accountancy, or to the district or town " Ouprava," or to the Governor of the Province, or to the town Police Administration, or to the district Mihtary Commander, or to the " Attaman," or to the " Volost " Administration. The family of soldiers and sailors of the navy of the lower ranks- have the right to receive help from the State in the following cases : — (i.) If the soldier or sailor has been called out on service in consequence of mobilisation ; the assistance to his dependant or de- pendants begins from the date when the soldier obeys mobihsationi orders : 1165. p. v., Ch. XV. PENSIONS, 187 (ii.) If the soldier or sailor is on active service for a longer period of time than the term he would ordinarily serve in time of peace ; the assistance to his dependant or dependants begins from the date when the soldier's " extra " service begins : (iii.) If the soldier is a volunteer who has been accepted for active service at the mobihsation of the army ; the assistance to his dependant or dependants begins from the date when the volunteer is enrolled in the service : (iv.) If the soldier serves in the Militia, the assistance to his de- pendant or dependants begins from the date when he is enrolled in the service : (v.) If the soldier serves in a volunteer corps appointed by military authorities, the assistance to his dependant or dependants begins from the date of his enrolment : (vi.) If the soldier is given sick leave either temporarily or per- manently due to wounds received on military service, assistance to his dependant or dependants is granted. Help from the State is given to the soldier's or sailor's family until : — (i.) The soldier whose duty it is to support those dependent upon him returns to his family : (ii.) The soldier who has been invalided from the service receives a State pension ; or, until the widow or orphans of a soldier who is killed or missing receive a State pension : (iii.) The Military Corps, Militia, etc., to which the soldier belongs, has been disbanded. Help from the State is also given for one year after peace has been proclaimed. CHAPTER XVI. — Immigration and Expulsion of Aliens. It often happens in Consular practice that Russian subjects who have acquired a domicile in foreign countries, or who are travelling immigra-* abroad, neglect to observe the local laws and regulations relating to tion and aliens, and, in consequence, incur a risk of having their liberty inter- Expulsion fered with or of being expelled from the country whose laws they have contravened. In such cases they of course appeal for protection to the Russian Consular Officer, who, in order to intervene effectively, must be fully acquainted with the local legislation on the subject. Every foreign State has the right to expel Russian subjects who, for some reason or other, are considered to be undesirable. The attitude of the Consular Officer in such cases, must be dictated by his duty to defend, as far as possible, a citizen of Russia. In each case he must inquire into the matter, and if he considers that the action of the foreign Government is unjustified in expelhng the Russian, §166. i88 IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi- and that such an act is inspired by animosity to Russia, he must report the matter. On the other hand, if it appears that the local Government is justilied in its measures, as for instance, in the case of ordinary criminals, the Consular Officer, if requested to do so, may co-operate in referring the case to the State Consul, to whom he is subordinate, and who may draw up a certificate of nationality in case the person about to be de- ported has no papers to prove his nationality. In Russia, with certain exceptions referring to Jews and Jesuits,^ all foreigners are admitted without restriction, provided the existing passport and sanitary regulations are complied with. Foreigners are, however, liable to expulsion for misbehaviour or in consequence of suspicious conduct on their part, or for reasons of State. The provisions of the Russian Law of the 26th May 1903 relating to the expulsion of undesirable aliens from Russia are as follows^ : — ■ 1. The right of expelling aliens from Russia and of prohibiting undesirable foreigners from entering the country, except in cases specially provided for by law, are exercised by the Ministry of the Interior. In localities which are under the control of the War Ministry or of Governors-General, the right of expulsion or prohibition is vested in those authorities. Governors of remote provinces and outlying Governments are only permitted to exercise this authority with the special permission of the Emperor and on application to the Committee of Ministers. 2. Foreigners sentenced to hard labour or to transportation (to Siberia) are not liable to expulsion, while persons who have been sentenced to the forfeiture of their personal liberty cannot be expelled before they have served their term of imprisonment. 3. Aliens who receive notice of expulsion from Russia must leave the country without delay. If they fail to do so, they are sent to the frontier under police convoy, and are there handed over to the foreign authorities. 4. Any person who refuses to obey the commands of the autho- rities to leave the country, or who, having been expelled, returns to it without permission to do so, is liable to expulsion in the same manner, after first serving a term of imprisonment. 5. The Minister of the Interior provides the funds to enable im- pecunious foreign subjects to leave the Empire. He is, however, at liberty to refuse such assistance if he considers it advisable. It is hardly necessary to add that foreigners in Russia who obey the laws, avoid politics and attend strictly to whatever business they may be engaged in, have no need whatever to fear the regula- tions which relate to the expulsion of foreigners from the Empire. Russia is, in fact, very hospitable to foreigners, large numbers of whom reside in the principal cities, such as Petrograd, Moscow, Odessa, Warsaw, Lodz, Riga, &c. ^ See " Visa of Passports." ^ Compare also second half of Art. 31 of the Russian Laws relating to the Organisation of the Provinces, Ed. 1892, Svod Zakonov, Vol. I., Part 2. § 166. P v.,Ch. XVI. IMMIGRATION & EXPULSION OF ALIENS. 189 In Great Britain a Bill for the regulation of alien immigration and expulsion was brought before Parliament in 1905, adopted under the name Aliens Act 1905, and came into operation the ist January 1906. By this Act ships carrying more than twenty alien steerage passen- gers are only allowed to land them in the United Kingdom at certain ports where special immigration officers are appointed to deal with immigrants, and immigration boards are established. To these, appeals from the decisions of the immigration officers may be directed. Immigrants may not be landed otherwise than by permission of the immigration officer except : — [a) When arriving in Great Britain as cabin and not steerage passengers ; {h) When they desire to land for the purpose of proceeding to some destination out of the United Kingdom. The master or owner of the ship by which they are brought to the United Kingdom, or by which they are taken from the United Kingdom, is under the obligation to give security to that effect. Leave to land is ^vithheld in the case of the following persons considered as undesirable immigrants : — {a) Persons who cannot show that they have in their possession the means of decently supporting themselves ; (6) Persons who owing to any disease or infirmity appear likely to become a charge upon the rates or otherwise a detriment to the public ; (c) Persons who have been sentenced for crimes which are in their country extradition crimes, but not offences of a pohtical charac- ter — such persons coming from foreign countries with which Great Britain has concluded extradition treaties ; {d) Persons in whose case expulsion orders have been made. The Secretary of State may issue an expulsion order against an alien : — 1. Convicted of felony, misdemeanour or other offence for which the court has power to inflict imprisonment without the option of a fine, or, of an offence as a prostitute — the court recommending that an expulsion order should be made in this case ; 2. Of whom it has been certified by a court of summary jurisdiction within twelve months after he or she last entered the United Kingdom, that, within three months of the time at which proceedings for the certificate were begun, he or she was in receipt of any such parochial relief as disqualifies a person for the parliamentary franchise ; Or, who has been found wandering without ostensible means of subsistence ; Or, been living under insanitary conditions due to overcrowding ; Or, been sentenced in a foreign country — with which there is an extradition treaty — for a crime not being an offence of political charac- ter, but regarded by that country as an extradition crime. 3. If an expulsion order is made in the case of any alien on a court certificate given within six months after he has last entered §166. igo IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi- the United Kingdom, the master of the ship in which he has been brought to the United Kingdom, and also the master of any ship belonging to the same owner, shall be liable to pay to the Secretary of State as a debt due to the Crown any sums paid by the Secretary of State on behalf of the expulsion of the alien, and shall, if required by the Secretary of State, receive the alien and his dependants (if any) on board his ship, and afford them, free of charge, a passage to the port of embarkation with proper accommodation and maintenance during the voyage. Exceptions to these rules are provided to the effect that leave to land in the United Kingdom is not withheld on the grounds merely of want of means : — 1. To immigrants seeking admission on rehgious or political grounds. Or because of an offence of a political character, or persecution involving danger of imprisonment, or danger to life or limb on account of rehgious belief. 2. To immigrants born in the United Kingdom, their father being a British subject. 3. Leave to land is not withheld to immigrants who immediately after a period of residence in the United Kingdom of not less than six months have taken their tickets in the United Kingdom and embarked direct therefrom for some other country — then, being refused admission in that country, again return direct to the United Kingdom. The following punishments are provided in the Aliens Act : — 1. Immigrants — who have disembarked conditionally, or against whom an expulsion order has been made, or against whom a court certificate has been granted with a view to making an expulsion order — shall be kept in custody in order to prevent them from infringing the provisions of the Aliens Act. 2. If any master of a ship fails to furnish the particulars required with respect to aliens, or makes a false return, or fails to give a passage to an alien or his dependants against whom an expulsion order has been issued, he shall be guilty of an offence under the Ahens Act. And if any alien refuses to give the information required, or gives any false information, he shall be liable on summary conviction to imprisonment for a term not exceeding three months with hard labour. 3. Any master of a ship guilty of an offence under the Ahens Act is liable on summary conviction to a fine not exceeding one hundred pounds. And any immigrant for such an offence is deemed a rogue and a vagabond and dealt with as an offender under Section 4 of the Vagrancy Act, 1824. In 1915 the power of the Government to expel undesirable ahens was increased by the Aliens Restriction Act. Under Art. 12 (i.) of that Act the Secretary of State has power to order the deportation of any alien. Presumably, if thought desirable, the deportation of deserters to Russia could be ordered under this article. This 166. p. v., Ch. XVI. IMMIGRATION & EXPULSION OF ALIENS. 191 affects the position of Russian deserters in England who hitherto have, been proof against any attempt on the part of Russian Consular Officers to compel them to return to their country. Immigration into the Dominion of Canada is regulated by the i^^^* Immigration Act, 1886 (Revised Statutes, c. 65) and the amending ^^^^ ' Act of 1902 (2 Edward VII., c. 14). The principal provisions of these Acts are as follows : — No vessel bringing immigrants is ad- mitted to entry unless she has been visited by an immigration agent. If it is found, on the arrival of the vessel at the Canadian port, that proper measures for the preservation of the health of the passengers and crew during the voyage have not been observed, a duty of two dollars per head for every passenger or immigrant is imposed on the master of the vessel. The Governor in Council is also empowered by proclamation to impose a further duty, payable by the master of any ship bringing passengers or immigrants, not exceeding two dollars, from every alien or passenger, independently of the duty above mentioned. Every master of a vessel is required, under penalties, before permitting any passenger to leave the vessel, to hand to the Collector of Customs at the port of landing a report, giving full particulars of all passengers, specifying in each case the port of embarkation, the name, sex, and age of each passenger, the number of each family, the profession, occupation or calhng of each passenger, the nation or country of birth, and the place in the Dominion of Canada or United States to which the passenger is bound. The master is also required to report to the Collector of Customs at the port of arrival the names of all passengers who are lunatic, idiotic, deaf and dumb, blind, or infirm, stating also whether they are accom- panied by relations able to support them. If the Medical Superintendent of the quarantine stations, whose duty it is to examine into the condition of the passengers, finds any person of the classes above-mentioned not belonging to an immigrant family, and such person is, in the opinion of the Medical Superintendent, likely to become permanently a pubhc charge, he is to make a report of the tacts to the Collector of Customs, who is to require the master to execute a bond with two sureties for three hundred dollars conditioned to indemnify the Government of Canada, the Provincial Government, and all local authorities, from any expense which may be incurred during three years for the maintenance of such passenger. The master is reheved from the obhgation to give this bond if the Medical Superintendent certifies that the infirmity arose " from some cause not existing or discernible at the time of the departure of the ship from the port where such passenger embarked." Arrangements may be made for the reconveyance of the person in question to the port from which he was brought, and the money payable under the bond may be apphed to this purpose. The Governor-General may, by proclamation, prohibit the landing of pauper or destitute immigrants until the master of the vessel in which they arrived has paid to an " Immigration Agent " such sums of money as are necessary for their temporary support and transport to their place of destination, and he may also prohibit the landing of any " criminal or other vicious class of Immigrants designated in §168. §169. Natal, Cape Colony, Aus- tralia, New Zealand. 192 IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi. such proclamation." The (Amending) Immigration Act of 1902 extends this power to any immigrant or other passenger who is suffer- ing from any loathsome, dangerous, or infectious disease or malady, whether such immigrant intends to settle in Canada, or only intends to pass through Canada to settle in some other country. Such pro- hibition may be absolute, or may be accompanied by permission to land for medical treatment only, for a period to be determined as provided by order or proclamation. A proclamation under these provisions was issued by the Governor-General in September, 1902. The Act of 1902 also renders any immigrant landing or remaining in breach of these provisions, liable to be arrested without warrant and to be compelled to return to the vessel, and imposes on the owner or master of the vessel a penalty not exceeding 1,000 dollars and not less than 100 dollars for every immigrant or passenger, if he offends by violating any of the provisions of the Act, aids or abets any immi- grant or passenger in contravening any order or proclamation, or neglects to take back on board the vessel any such immigrant or passenger. All penalties imposed on the master become a special lien on the vessel and may be enforced by the seizure and sale of the vessel, her tackle, apparel and furniture (Act of 1886, sect. 40). The above-mentioned laws extend to the whole of the Dominion of Canada, and it does not appear necessary to mention the laws of the different provinces. In the British Colonies throughout the Southern Hemisphere, the principal Acts restricting immigration are those of Natal (1897), of the Cape of Good Hope (1902), of the Commonwealth of Australia (1901), and of New Zealand (1899). The earhest of these Acts is that of Natal, the provisions of which were adopted with some varia- tions in the subsequent legislation of other Colonies. The principal provision is contained in section 3, which is as follows : — The immi- gration into Natal, by land or sea, of any of the classes defined in the following subsections, hereinafter called " Prohibited Immigrant," is prohibited, namely : — (a) Any person who, when asked to do so by an officer appointed under this Act, shall fail to himself write out and sign, in the characters of any language of Europe, an application to the Colonial Secretary in the form set out in Schedule B. of this Act. {b) Any person being a pauper, or hkely to become a public charge. (c) Any idiot or insane person. {d) Any person suffering from a loathsome or dangerous contagious disease. (e) Any person who, not having received a free pardon, has, within two years, been convicted of a felony, or other infamous crime or misdemeanour, involving moral turpitude and not being a mere pohtical offence. (/) Any prostitute and any person living on the prostitution of others. The education test provided by subsection (a) appears to be mainly designed to operate in restriction of Asiatic immigration. The Act 169. p. v.,Ch. XVI. IMMIGRATION & EXPULSION OF ALIENS. 193 empowers the Governor to appoint and remove officers for the purpose of carrying out the provisions of the Act and to define their duties. It is made an offence for a prohibited immigrant to enter or be found in Natal, and the immigrant is hable on prosecution to be removed from the Colony, and to imprisonment, without hard labour, for a period not exceeding six months. The imprisonment, however, is to cease if the alien finds two sureties in the sum of ^^50 each, that he will leave the Colony within one month. The restriction does not apply to the wife or minor child of anj^ person not being a pro- hibited immigrant. It is an offence for any person wilfully to assist any prohibited immigrant to contravene the provisions of the Act, or to assist in the entry of any prohibited immigrant. The master and owners of the vessel from which any prohibited immigrant is landed, are liable to a penalty of not less than £100 for every five prohibited immigrants after the first five, the penalties not to exceed £5,000. Execution may be levied on the vessel in satisfaction of any penalty, and it may be refused a clearance until the penalty is paid, " and until provision has been made by the master to the satisfaction of an officer appointed under this Act for the conveyance out of the Colony of each prohibited immigrant who may have been so landed." Any police officer or other official appointed for the purpose under this Act, may prevent any prohibited immigrant from entering Natal by land or sea. The Act of the Cape of Good Hope (1902) substantially follows the Natal Act in its definition of " prohibited immigrant," but adds another class : " Any person who from information officially received by the Minister from any Secretary of State or from any Colonial Minister, or through diplomatic channels from any Minister of any foreign country, is deemed by the Minister to be an undesirable." Any person immigrating into the colony in violation of the Act is made liable to removal and to be kept in custody pending removal, but, under the Cape of Good Hope Act, there is no other penalty. Nor does it appear whether, or not, an order of a court is required for removal, or whether it can be done by order of an executive officer. There are similar provisions to those of the Natal Act as to the liability of the master and owners of a vessel from which prohibited immigrants are landed and for the liability of the vessel itself. The principal difference between the Act of the Commonwealth of Austraha (1901) and the Acts of Natal and Cape Colony is, that the former contains an additional class of prohibited immigrants, viz. : " Any person under a contract or agreement to perform manual labour within the Commonwealth." Power is reserved to the "Minister for external affairs" to except workmen on the ground of special skill required in Australia. It is also important to notice, that the Statute excludes from the country any person likely, in the opinion of the Minister or of an officer (of Customs to be appointed under the Act) to become a charge upon the public or upon any public or charitable institution, thus making the determination of this class a matter for the decision of the executive officer and not of any tribunal. In other respects the observations made above as to the mode of enforcing the Natal Act, apply also to the Australian Act. §169. 194 IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi. New South Wales, Vic- toria, West and South Australia. §170. United States. Besides the Commonwealth Act of 1901, the various States of Austraha, with the exception of Queensland, have statutes of their own of an earlier date relating to Alien Immigration, which appear to be still in force. The principal point to be noticed is that the laws of New South Wales, Victoria, Western and South Australia, have provisions for obliging the chartered agent or master of any ship bringing a person of the prohibited class, to execute a bond for a sum not exceeding £500 to cover the maintenance of such person. In New Zealand and Tasmania, the Immigration Restriction Acts, respectively of 1899 and 1898, follow the lines of the Natal Acts, except that New Zealand does not class paupers or persons likely to become a public charge with prohibited immigrants, and provides that the education test shall not apply to persons of British birth and parentage. The Regulations of the United States of North America relating to the admission of immigrants, comprise the following Acts passed by the United States Legislature :— By an Act of 1875 the immigration into the United States of women for the purpose of prostitution, and of persons convicted of felonious crimes (not political) was prohibited. An Act of 1882 imposed a duty of 50 cents on each alien arriving by sea from a foreign port, and excluded convicts, idiots, lunatics and persons unable to take care of themselves without becoming a pubhc charge. In 1885 came the enactment prohibiting the immigration of any alien who had entered into a contract to perform labour or service of any kind in the United States. Certain exceptions were made to this general prohibition. Further legislation followed in 1887 and 1888 ; and in 1891 the Act was passed which remained in force until it was superseded by the law approved on March 3rd, 1903. By the Act of 1891, to the classes of persons excluded under earlier laws were added : " All persons likely to become a public charge, persons suffering from a loathsome or dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanour involving moral turpitude, polygamists, and also (with certain exceptions) any person whose ticket is paid for with the money of another, or who is assisted by others to come." Penalties were imposed upon persons bringing into the United States, by vessel or otherwise, ahens belonging to the prohibited classes, and the master or owner of the vessel bringing them was bound under a penalty to take them back to the port from which they came. All aliens belong- ing to the prohibited classes, or who should become a public charge within a year after landing, were, within that period, made liable to deportation. An officer, called the Superintendent of Immigration, was appointed with a staff of clerks and inspection officers and assist- ants, whose duty it was to board all vessels carrying immigrants, and there inspect all ahens. " The inspection officers and assistants shall have power to administer oaths, and to take and consider testi- mony concerning the right of such aliens to enter the United States, all of which shall be entered on record." " All decisions made by the inspection officers and their assistants touching the right of any alien to land when adverse to such right shall be final, unless appeal be §§ 169, 170. p. v.,Ch. XVI. IMMIGRATION & EXPULSION OF ALIENS. 195 taken to the Superintendent of Immigration, whose action shall be subject to review by the Secretary to the Treasury. The Secretary to the Treasury was empowered to make rules for inspection of immi- grants along the borders of Canada, British Columbia and Mexico." In 1894 the poll tax was raised from 50 cents to one dollar, and by the Act of 1903 it has been raised to two dollars, and was extended to arrivals overland. The Act of 1903 consolidates the existing law and still further extends the classes of prohibited aliens by the addition of " epileptics," " persons who have been insane within five years, or who have had two or more attacks of insanity," " professional beggars," " anarchists," and " contract labourers who have been deported within the previous year." Certain changes were made in procedure. If the officer whose duty it is to examine the aliens on landing decides in favour of the admission of any alien, any other Immigration Officer may challenge his decision and bring the alien before a board of special inquiry. " Any alien who may not appear to the examining Immi- grant Inspector to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board of special inquiry." These boards consist of three persons appointed by the Commissioners of Immigration at the various ports of arrival. It is their duty to decide whether any alien who has been " held" as above stated shall be allowed to land or be deported ; and both the alien and any member of the Board dissenting from the decision have an appeal to the Secretary of the Treasury, whose decision is final. The penalties upon shipowners, masters and others bringing any alien into the United States not duly admitted by an Immigrant Inspector or not lawfully entitled to enter the United States, are largely increased. The offence is made a misdemeanour punishable by a fine not exceeding 1,000 dollars for every alien " so landed or attempted to be landed," or by imprisonment for a term not less than three months or more than two years, or by both fine and im- prisonment. By section 20 the period within which persons who become a public charge from causes existing prior to landing may be deported is extended to two years. In Germany and in most of the States on the frontiers of the Russian § ^^^^ Empire, no special regulations for the admission of aliens have been Germany enacted. The law regulating the Passport System of October 1867, *°^ Prussia, which applies mutatis mutandis to the German Empire, provides (Art. 2) that foreigners are not required to carry papers of identity either on entering, or on leaving, the limits of the Empire, nor during their residence there, nor in the course of their journeys within the territory. Foreigners, however, as well as subjects of the Empire, are obliged to furnish satisfactory proof of their identity when officially required to do so (Art. 3). On the other hand, if the security of the Empire or of a single State thereof, or if law and order should be threatened in consequence of war, external disturbances or other phenomena, passports may be required by the Imperial Authority either generally, or in particular districts, for the purpose of proceed- ing from or to certain foreign countries (Art. q). In the kingdom of Prussia a decree dated January 3rd, 1896, was issued by the Minister of Interior, directing local authorities to § 171. 196 IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi. §172. Bavaria. § 173. Grand Duchy of Baden. §174. Hamburg. §175. Alsace- Lorraine. §176. Wurtem- berg. §177. Switzerland. §§ 172, 173, 174, 175, 176, 177. keep lists of foreigners residing within their district. " This will render it possible to remove any undesirable elements from abroad immediately on their arrival, and before they have permanently established themselves here." The decree goes on to mention other advantages which will result, and amongst them, the prevention of the inclusion of foreigners in electoral lists, " as frequently occurs on their being called on for military service." It then proceeds to prescribe the particulars of the lists to be kept, and the duties of the police in relation thereto. In Bavaria, by laws of April, 1868, and February, 1872, provision is made for requiring foreigners, as a condition of allowing them to reside in any parish in the kingdom, to produce evidence of their nationality. There are also provisions for the expulsion of foreigners, for specified periods, from the parish in which they reside in the event of their applying for relief and continuing to be without sufficient means of subsistence, or for non-payment of local rates, or, after conviction, for certain criminal offences, or for public prostitution. Where a foreigner has been expelled from any parish under the pro- visions of the law, the police authorities may expel him from the kingdom during the period covered by the local prohibition, should pubhc necessity appear to require it. " The Ministry of State is empowered to refuse admission into the kingdom to foreigners, or to expel them from Bavarian territory in the interests of public neces- sity." There is also a provision for reciprocity in the treatment of foreigners. " The Government has the right to issue a decree sub- jecting the permission to foreigners to reside to the same restrictive conditions to which Bavarian subjects are subjected with regard to their residence in the country to which the respective foreigners belong." The laws of the Grand Duchy of Baden contain similar provisions. In the territory of Hamburg there are detailed regulations providing for proof of identity and notification of arrival and departure. In Alsace-Lorraine there are more stringent regulations requiring passports to be carried by persons coming from the French frontier. There are also provisions for reporting to the police after arrival and for the issue of certificates to persons who intend to take up per- manent residence. In Wurtemberg newly arrived residents are required to report themselves, and if they eire not in possession of sufficient means to support themselves and their family, a declaration is "expected" of the manner in which they propose to defray the expenditure neces- sary for this purpose. This provision appears to apply to natives as well as foreigners. The refusal of the right to reside rests with the District Council, subject to a right of appeal. In Switzerland the laws affecting foreigners are cantonal, but are substantially identical in each canton. In substance any resident foreigner is required to take out a permis de scjour within six days of p. v., Ch. XVI. IMMIGRATION & EXPULSION OF ALIENS. 197 his arrival. If he desires to become domiciled, he must obtain a permis d' etablissement. These Hcences are Hable to revocation in case of misconduct, insolvency, and other circumstances, which render his presence undesirable, and there is the following general provision (Art. 28) : " Le Conseil d'Etat en vertu de son pouvoir administratif supreme a toujours le droit de renvoyer dii Canton les Etrangers dent le sejour pourrait porter atteinte aux interets du pays ou a la surete de I'Etat." The cantonal law gives power of expulsion from the canton, and the expelled person may go to any adjoining canton, leaving the authorities of the canton into which the expelled foreigners may come to deal with him. Here again the expulsion of foreigners is a matter of police administrative regulations under very wide legal powers. In France, as in Switzerland, by the law of 1849 (Art. l), a per- § 178, mission to establish domicile is required, and the permission may ^^f*^*^^- be withdrawn by administrative order at any time before naturali- sation. Art. 7 gives a general power to the Minister of the Interior to order any foreigner travelling, or resident in France, to quit French territory immediately, and to have him taken to the frontier, and this power may in frontier departments be exercised by the Prefect, on condition of his reporting the case immediately to the Minister of the Interior. A law of August 9th, 1893, made further provision for the registration of foreigners who settle in the country with the object of exercising a profession, trade, or industry. Austrian legislation contains no regulations for restricting the § 179. entry of alien immigrants into the empire either by sea or overland. ^ " * So long as aliens and their families lead respectable lives, and are not a burden on public charity, they may make their domicile in any municipality in Austria, and are not required to produce any proof relative to their financial resources. On the other hand there exists the right to expel persons whose presence is considered pre- judicial to public order and safety. In Hungary the control of the immigration of aliens is regulated mainly by Ministerial orders, which provide, under penalties, for the keeping of lists of aliens by the Communal Authority, and render liable to expulsion aliens who " have not furnished satisfactory par- ticulars, or cannot prove that they possess sufficient means to support themselves and their families, or whose stay is deemed to be detri- mental, with regard to the interest of the State, the public safety and order." In Italy no special law exists on the subject of the immigration § 180. of aliens. The Italian Police Law (Art. 90) renders a foreigner liable "*'y- to expulsion upon release from prison after having served liis time. It is provided by regulations that, if the Prefect of the Province in which the foreigner is liberated considers that expulsion is not desir- able, or if the foreigner is compromised with his own country for poHtical reasons, for evading conscription, for desertion, or for offences for which his extradition has been demanded, the matter must be laid before the Minister of the Interior. A foreigner expelled under Article 90 mav not return without special authorisation from the §§ 178, 179. 180. 198 IMMIGRATION & EXPULSION OF ALIENS. P. v., Ch. xvi. Minister of the Interior, under pain of imprisonment for not more than six months, to be followed by expulsion. Article 92 provides that Prefects of frontier provinces may send back, at the frontier, foreigners who cannot give an account of themselves and are un- provided with means. CHAPTER XVII. -Readmission of Russian Subjects INTO Russia. § 181. Re-admis- sion of Russian Subjects into Russia^ — Agreement with Germany. International law recognises the right of any sovereign state to expel foreigners, and unless the action is directed against a nation as a whole, i.e., is not limited to single individuals but strikes at all the subjects of a certain State alike or is in contravention of a Treaty, no State can complain of having its subjects returned to it by a Foreign Government. On the other hand, no State is allowed by International Law to expel its own subjects, and it is regarded as a violation of international comity to expel a foreigner to a country other than his own. The grounds for expelling alien law-breakers are identical with those for which extradition is granted.^ The exercise of the powers of rejection and expulsion of aliens has been regulated by European countries by informal agreements and by special treaties of expulsion. Russia has made special treaties on this subject with its neigh- bouring States, for instance on the I9th/3ist August 1872, Notes were exchanged between the Russian Minister for Foreign Affairs and the German Charge d' Affairs in Petrograd regarding the mutual expulsion and readmission of subjects of the respective States, who have no means of subsistence, possess no passport and commit acts of vagrancy, in accordance with which it has been agreed that : — 1. Russian subjects residing in Prussia, but born in one of the ten Vistula provinces, Warsaw, Radom, Keletz, Sedletz, Lublin, Petrokow, Kalisch, Plotzk, Lomscha, and Suwalki, or in the provinces of Kowno and Courland, as also Prussian subjects who reside in these 12 provinces, are liable to be expelled on the ground of being unprovided with passports, of want of means of subsistence or of vagrancy, in pursuance of direct correspondence between the Prussian frontier authorities (Landrathe) and the chiefs of the Russian frontier district, who act in the capacity of Frontier Commissioners. The fact of the expulsion is first communicated, in Prussia to the Landrath, in Russia to the chief of the particular district into which the person expelled is to be sent, and these officials, after consideration of the circumstances and on the strength of the identification papers, grant permission for him to be admitted to a specified place. 2. When the person liable to be expelled possesses identification papers which are in good order, or have not lapsed more than a year previously, correspondence between the Landrath and the District ^ See " Extradition." 181. p. v., Ch. XVII. READMISSION OF RUSSIAN SUBJECTS, &c. 199 Chief is not required, and the Landrath or the District Chief, as the case may be, is obhged to admit the expelled person without further formalities, if only his papers conclusively show his birth-place, or place of origin, and are of unquestionable authenticity. Further, on the 29th January 1894, Russia concluded a treaty with Germany on the subject of repatriation, the terms of which are as follows : — Art. I. Both contracting parties bind themselves to re-admit those of their former subjects who, having lost their nationality by residence abroad, by an act of expatriation or for any other reason whatever, have not acquired another. It must, however, be under- stood that readmission will not be granted to persons born after their parents had already lost their nationality and who, for that reason, have never possessed it themselves. Art. 2. Persons w'ho are to be repatriated will be readmitted after direct correspondence between the frontier authorities of Russia and German3^ The return of a person must be notified in advance to the frontier authority within whose district the readmission is to take place, and he, after considering the circumstances and examining the papers of legitimation, will give his consent to the readmission of the person at a place to be indicated. Art. 3. No preliminary correspondence is necessary in case of repatriation of individuals provided with genuine and valid papers, or with papers the validity of which has not expired more than one year previously, or in cases where there is no room for doubt that the person to be repatriated is really of the nationality he claims to be or that he was of it formerly. In all such cases the frontier author- ities are bound to readmit him without any further formalities. Art. 4. Correspondence through diplomatic channels is necessary in cases where the frontier authorities fail to arrive at an agreement as to the repatriation of any person, and also in those cases where the decision of the frontier authorities is disapproved of by the superior authorities of the country of origin. Notes were exchanged on the same subject on the ist/ijth § 182. December 1886, between the Russian Ministry of Foreign Affairs Austria- Himff^rv and the Austrian-Hungarian Ambassador, in accordance with which similar stipulations were agreed to as in the notes and treaty previously mentioned between Russia and Germany. Any person who, in accordance with the said treaty with Austria-Hungary, is to be re- admitted without any previous correspondence whatever, must be brought to the Customs Office situated either at Sandomir, Tomassew, Radsivilovo, Voloczysk, Hussiatin, or Novosselitzy for admission into Russia. In the case of Russian subjects who are not natives (naturahsed Russian subjects) and of those who are natives of the Governments of Pctrokovo, Kielce, Radom, Lublin, Volhynia, Podolia, and Bessarabia repatriation must be arranged by correspondence through diplomatic channels. The subject of the repatriation of tramps, beggars and criminals § 183. is dealt with more particularly in the Convention between Russia Sweden and Norway, and Sweden and Norway, concluded on the I5th/27th December i860, by which it was agreed, that : — §§ 182, 183. 200 RE ADMISSION OF RUSSIAN SUBJECTS, &c. P. v., Ch. xvii. Art. I. All tramps, beggars or criminals born within the Russian Empire or the Grand Duchy of Finland and proceeding to Sweden or Norway, and all persons belonging to either of these categories, and born in Sweden or Norway of a father who is a subject of the Russian Empire, or of the Grand Duchy of Finland, can, on their being formally recognised as Russian or Finnish subjects by documents issued by the Imperial Legation at Stockholm, be sent back to their own country, without formal application to the Imperial Government of Russia, and their readmission there is obligatory, provided that they have not been employed in the public service or engaged in farming or any other useful occupation or profession in the country from which it is proposed to expel them, or that their case does not constitute one of the exceptions provided for in Art. 7 of this Treaty. The nationality of any person whose repatriation is effected in this manner must first of all be established, either by documents in his or her possession, or, in their absence, by information to be supplied by the respective authorities in accordance with the terms of the following articles. The term " criminal" comprises all persons who, in the one country or the other, have been convicted and sentenced by courts of law for crime, misdemeanour or infringement of the law. Art. 2. If it is impossible to ascertain the place of birth of an individual to be repatriated, he is regarded as belonging to the land in which, according to the preceding article, he has tried to do useful work, either in the public service or in a private capacity. If this last circumstance is also impossible of verification, he is re-admitted into that country from which it shall appear, from proofs at hand, that he came, in the first instance," to the country which refuses to grant him the right of domicile. Art. 3. Before a person belonging to the above-mentioned cate- gories can be sent from one of the contracting States to the other, all possible particulars must be procured regarding the circumstances specified in the preceding articles and, in the absence of other proof, the taxation hsts and parish registers must be consulted. Art. 4. The Governors, or the competent authorities of the pro- vince where an individual of the class described has been arrested, must make all the necessary inquiries with the greatest possible care and promptness. If, in the course of these investigations, it should be necessary to obtain information from the authorities of the other State, the correspondence dealing with the matter must be conducted through the medium of the respective Ministries of Foreign Affairs. In order to simphfy the relations of adjoining provinces, however, it has been agreed that the Governors of Stockholm and North Bothnia in Sweden and the Amtmann of Finmark in Norway on the one side, and the Governors of the provinces of Uleaborg and Abo-Bjorneborg, and the competent official of the Government of Archangel on the other, are authorised to correspond directly with each other regarding individuals arrested in the provinces under their administration or in those immediately adjoining them. Art. 5. In all such cases, detailed protocols must be drawn up by the governors of the provinces, or by other competent authorities. §183. p. v., Ch. XVII. READMISSION OF RUSSIAN SUBJECTS. &c. 201 and when a vagrant, beggar, or criminal is sent back by one of the contracting States into the territory of the other, an extract of the protocol, stating the decision and the motives, must be annexed to the passport, together with the document, if there be one, on the authority of which the individual in question had resided in the country from which he is being expelled. Art. 6. If the conditions of the preceding article have been duly observed, the governors, commandants, or other competent autho- rities are obliged to readmit the individual sent to them. If they have any representations to make on the subject these must be ad- dressed to their respective Governments. Art. 7. If a vagrant, beggar, or criminal bring with him a wife or children, they will be dealt with in the same way as himself, i.e., without reference to the place of their birth or to the time of their arrival in the country. It is, however, to be understood that if a vagrant, a beggar, or a criminal contract a marriage subsequently to his arrival in the country and with a subject of that country, the dispositions of the present convention do not apply to his wife or children. Art. 8. The expenses of transport and of maintenance of in- dividuals sent to the frontier of the country from which they are to be expelled are borne by that country ; from the moment, however, when they are handed over at the frontier, all expenses are paid by the country into which they are readmitted. In some States, as for instance in Germany, special permission to reside is given to every Russian subject who remains in the State for some time, and the granting of this permission is often made sub- ject to a written assurance from the Russian Consulate that the Rus- sian subject in question, in case of his returning to his native country, will be readmitted there, and not perhaps sent back to become a burden to the German Empire. The readmission of Russian sub- jects into Russia is definitely assured by the indelible character of s 134 their Russian nationality. No Russian subject can cease to be such Indelible without the special sanction of His Majesty the Czar, so that, if a Character Russian subject is able to prove his identity as such, his right to re- Nationality, admission is beyond question. In practice, however, re-admission is rendered difficult in cases where papers of identification are wanting. Russian subjects who possess no such papers whatever, are liable to be turned back on the Russian frontier, or at a Russian port. They must therefore, before returning to Russia, apply to a Russian Con- sulate, which makes enquiries of the Home authorities, at their ex- pense, by letter, or in urgent cases, by telegram, as to their Russian nationality and can, if the rephes are satisfactory, give them a cer- tificate which will enable them to return home.^ In the case of local authorities making apphcation to Elective § 185. Consuls for the re-admission of persons to the States to which they Diplomatic belong, either for one or other of the reasons enumerated above, or on C^*°"^^^- account of lunacy, or, in general, because such persons have become ^ See under heading " Passports for Russian subjects," Part IV., Chap. III. §§ 184, 185. Subditi Temporarii 202 READMISSION OF RUSSIAN SUBJECTS, &c. P. v., Ch. xvir. chargeable to the said authorities, the Elective Consular Officers must report the matter to their State Consuls, and the latter to the Legations or Embassies to which they are subordinate, to be dealt with through diplomatic channels. It is to be borne in mind, how- ever, that, generally speaking, Russian Consular Officers are not entitled to pay the expenses of repatriation of Russian subjects to their own country ; it appertains, rather, to the local Government to send undesirable aliens out of the country, as foreigners in inter- §186. national law are regarded as subditi temporarii, temporarily subjects of the country in which they reside.^ In the year 1900, at New- castle-upon-Tyne, a Russian subject was arrested for vagrancy and begging, and was brought before the magistrates. It transpired that he had deserted from a Russian steamer on which he was em- ployed because, in his opinion, the food he received on board of her was bad. He had wandered about in Newcastle and the neighbour- hood for months, had no papers to prove that he was a Russian sea- man, and had never presented himself at the Russian Consulate to to be sent back to his country. The bench applied to the Consulate,, requesting to be relieved of the man, and invited the Consulate to find him employment or to send him back to Russia. The Consulate refused to interfere in the matter, as it is the business of the local government to deal with vagrants, of whatever nationality. As a matter of fact, Russian Consuls are not entitled to deal with deseiters who have not made a direct and personal application to the Consulate requesting to be sent home, and who have come to the country with the express intention of taking up a permanent residence there. More- over, as Russian Consuls have no power to send Russian subjects under police convoy to Russia, there is no certainty that men sent to Russia will actually go there ; experience proves, on the contrary, that money paid to them for that purpose is generally expended in further travelling and in visits to other Consulates with petitions for pecuniary assistance. If, therefore, the British or other police arrest unemployed Russian subjects for vagrancy, it is not the duty of Rus- sian Consular Officers to provide for their repatriation. The position of Russian Consular Officers in the matter does not differ from that of the representatives of other States. ^ Emigrants returning from America or Africa to Russia, are en- titled to receive a sufficient sum of money from Russian Consuls to enable them to reach their native place, but this help is not given them unless they are wholly without means. Consuls must be careful not to give money to idlers travelling without any real intention of returning to Russia, nor to persons who do not belong to the Christian faith.2 The outlay is refunded by the Ministry of the Interior. Elective Consuls send a report of their outlay to the State Consul in whose district they are, and he, in such matters, must apply to the 11. Department of the Russian Ministry of Foreign Affairs. ^ See also " Lunatic Russian Subjects abroad," Part V., Chap. IX. '^ The case of sailors to be sent home to Russia is dealt with in Part VI., Chap. XVI. * Circular of the II. Department of the Ministry of Foreign Affairs of 24th April 1893, No. 3145. 186. p. v., Ch. XVII. READMISSION OF RUSSIAN SUBJECTS. &c. 203 Emigrants who have left Russia without foreign passports, can obtain a certificate from a Russian State Consul enabUng them to return to Russia, if they can produce any other documents proving their identity, e.g., home passports, certificates of military service, &c. If they have no such documents, and if the Consul has not strong reasons for believing that they are really Russian emigrants returning to their native place, the Consular certificate permitting them to return to Russia can only be granted if the truth of their declaration as to nationality and personal particulars has been ascertained by application, either by letter or telegram, to the Russian Home Ministry or to the district authority.^ The Consular certificate must also show the amount of money given by the Consul to the emigrant. CHAPTER XVIIL— Extradition. Extradition is granted in cases of prosecution or conviction for § 187. offences committed outside the territory of the State in which the Extradition, offender is residing, if the laws of both the States concerned punish the offence with not less than twelve months' imprisonment. No State delivers its own subjects. Extradition treaties have been concluded by Russia with Austria, § 188. on the 15th October 1874 ; with Bavaria, on the 26tli February Austria, 1869 ; with Belgium, on the 4th September 1872 ; with Great Britain, Belgium, on the 24th November 1886 ; with Hesse-Darmstadt, on the 15th Great November 1869 ; with Denmark, on the 14th October 1886 ; with ^^^^' Italy on the 24th April 1888 and the 13th May 1871 ; with Monaco, Darmstadt, on the 5th September 1883 ; with the Netherlands, on the 13th August Denmark, 1880 ; with Portugal, on the loth May 1887 ; with Germany, on the Monaco 13th January 1885 ; and with Switzerland, on the 17th November Netherlands X873. Portugal, The grounds upon which extradition is granted are nearly identical Switzerland, in all the treaties. According to the treaty with Great Britain, they are : — 1. Murder, attempted murder, or conspiracy to commit murder. 2. Manslaughter. 3. The manufacture and utterance of counterfeit money, or deface- ment of the currency. 4. Forgery and falsification, or the circulation of that which is forged or falsified. 5. Embezzlement or theft. 6. Destruction or damage to property, if the offender is liable to criminal or correctional punishment. 7. Obtaining money, or other objects, by fraud or false pretences. 8. Offences against the bankruptcy laws. ^ Circular of the II. Department of the Ministry of Foreign Affairs of 24th April 1893, No. 3145. See also " Passports for Russian Subjects." §§ 187, 188. 204 EXTRADITION. P. v., Ch. xviii. 9. Fraud (abuse of confidence) on the part of managers, bankers, agents, commission-agents, guardians or trustees, or by the directors, members or officials of pubhc companies, if the offence is punishable . under existing laws. 10. Perjury, or the suborning of witnesses. 11. Rape. 12. Sexual intercourse with a young girl under sixteen years of age, and the attempt to commit such oftence. 13. Attempted outrage, with violence. 14. Premeditated use of drugs or instruments for the purpose of causing abortion. 15. Abduction. • 16. Kidnapping of children. 17. Illegal detention or imprisonment. 18. Forcible or clandestine entry into a building, occupied or unoccupied, with criminal intent. 19. Incendiarism. 20. Robbery with violence. , 21. Wounding, or the infliction of grievous bodily injuries. 22. Blackmail. 23. Piracy. 24. Scuttling, stranding or destroying a ship or vessel on the high seas, or any attempt or conspiracy to do so. 25. Any act of violence committed on board of a ship or vessel, with the intention of committing homicide or inflicting grievous bodily injury. 26. Mutiny or conspiracy of two or more persons on board of a ship on the high seas. 27. Traffic in slaves, in so far as it is punishable in accordance with the laws of both countries. Extradition is granted also in the case of complicity in the crimes enumerated, if such complicity is punishable according to the laws of both countries. Extradition may also be granted, at the discretion of the State of whom the demand is made, for any other crime, if only it is in agreement with the laws of both countries. CHAPTER XIX. — Naturalisation and Relinquish- ment OF Nationality. § 189. Naturalisation in Russia is regulated by the law of the loth Naturalisa- February 1864, according to which domicile in Russia must have lasted at least five years. After this every foreigner is entitled to petition the Russian Minister for Home Affairs, stating : — I. The names of the places where he has resided since he entered Russian territory, and the nature of his occupation or trade, and enclosing such certificates of respectability as he may possess ; §189. p. v., Ch. XIX. NATURALISATION. &c. 205 2. The class of society or community in which the apphcant is entitled to be enrolled ; 3. The town or city where he desires to take the oath of allegiance ; 4. The reasons given that the condition of live years' residence be waived, if such a request is made. The petition must be accompanied by : — 1. A certificate of registration from the authorities of the peti- tioner's native country, giving his age, occupation, &c., and legalised by the proper Russian Legation or Consulate ; 2. A certificate as to his settlement in Russia ; 3. If the person who is desirous of becoming naturalised is at the time a subject of a State with which Russia has concluded a convention in regard to the fulfilment of military duties by the subjects of the respective States, he is required to produce a certificate from the competent authority to the effect that he has fulfilled his duties or is exempted from doing so. Special rules must be observed in cases of naturalisation of the subjects of the Khanates of Central Asia, and of China and Corea. The five years' residence period is reduced : — 1. To persons whose services are useful to the Russian Empire ; to persons who have acquired celebrity in the arts or sciences, and to those who have invested money in Russian undertakings which are of public benefit. This must, however, be substantiated, at the request of the applicant, by the Minister for Home Affairs ; 2. To children of foreigners born in Russia, or to such children who, although not born there, were educated at Russian educational establishments. These are permitted to take the oath of allegiance during the first year after they come of age (21 years) ; 3. To persons who are in the Russian State Service, and to ministers of rehgion of other than the Orthodox Greek faith, who have been engaged for service in Russia by the Minister for Home Affairs ; persons of this class are at liberty to become Russian subjects at any time ; 4. Russian female subjects married to foreigners can, on being divorced or widowed, regain their Russian nationality at any time without taking the oath. In all other cases the oath of allegiance is an indispensable condition of naturalisation. Under special circumstances, a foreigner who is residing abroad may be naturalised as a Russian subject on the strength of a request from Russian Ministers, Ambassadors, or Consular Officers addressed to the Russian Foreign Office. The oath of allegiance is given in the presence of one of the aforesaid officials, in the native tongue, or in any other language that the aforementioned subject knows. The prescribed form by the Law, Art. 847 of \'ol. IX., Ed. 1899 o^ ^^^ Svod Zakonov is used. This oath is given before a clergvman of the faith to which that person belongs who is about to be naturahsed. The Oath of Allegiance is couched in the following terms^ : — "I former subject of promise and swear to Almighty God that I with my family shall always be faithful, good, obedient subjects of the most serene, reigning, great Lord Emperor Xicolai Xicolaivitch, ' Svod Zakonov, Vol. IX., Ed. 1899. See addition to Art. S47. § 189. Finland 206 NATURALISATION, S-c. P. v., Ch. xix. Autocrat of All the Russias, &c., &c., &c., also of the heir-apparent to the throne of His Imperial Majesty, His Imperial Highness, the Lord Czessarevitch, and Grand Duke Alexis Nicolaisvitch, and that I shall not leave for abroad, nor enter the service of a foreign state, without the august permission of His Imperial Majesty. Also, I will not have injurious communication with the enemies of His Imperial Majesty, and will not entertain a forbidden correspondence within or outside the Russian State, and in no way will I be a disloyal subject of His Imperial Majesty, nor will I be disloyal to all legal rights and privileges now in force and to be ordained in the future, belonging to the strength and power of the autocracy of His Imperial Majesty. I will shield and defend these rights and privileges to the best of my power and ability and possibility, and in case of necessity I will even give up my life in so doing, and at least I will con- tribute to all that may concern the faithful service of His Imperial Majesty, and to every possible use of the State. I will endeavour at the right time not only to inform, but with all means to prevent anything that may injure the interests of His Imperial Majesty by any known damage or loss. I will keep in strict confidence everything that should be kept in secret for the service and benefit of His Imperial Majesty, or in general, all secrets that should be kept and not divulged to anyone who may not know them, nor to whom they are not ordered to be entrusted. " This I must and desire to keep, so that the Almighty Lord God may help my soul and body. " In concluding this, my oath, I kiss the words and the Cross of my Saviour." Amen. Children of Russian female subjects married to foreigners have the right, on coming of age, to take the oath of allegiance to the Russian Emperor. Naturalisation is always personal, and does not extend to children born before the naturalisation of the parents. On the other hand, children born after the naturalisation of the parents in Russia are, ipso facto, Russian subjects. Naturalisation is not accorded to Jews, nor to Dervishes, Jesuits, mar- ried women who wish to be naturalised independent of their husbands. A foreigner, on being naturalised in Russia, acquires all the civil and political rights of a native Russian. There is no difference between the rights of a born and a naturalised Russian subject. 190. In the Grand Duchy of Finland, special regulations exist as to naturalisation proceedings. In accordance with these, a foreigner who desires to be naturalised must be of the Christian faith and of unblemished character ; he must have attained his majority and be able to prove that he is able to maintain himself, and that he has resided in the country at least three years. He is, further, required to give a written undertaking to fix his abode in Finland, and to pay a sum of 1,000 roubles for the benefit of the hospitals and workhouses of Finland. Under certain circumstances, proof may be required that the original nationality of the foreigner has been cancelled, and that nothing stands in the way of his being naturalised. A person who is naturalised in Finland enjoys the same rights as a Finlander §190. p. v., Ch. XIX. NATURALISATION, &c. 207 born, but he can only exercise the elective franchise of the Diet, or be elected himself, after he has been inscribed on the registers as a taxpayer for three years, and, as a rule, he is not eligible for State employment.^ With the exception of the lawful marriages of Russian women with § 191. foreigners, when the Russian nationality is relinquished as a mere ^^^^q^^^' consequence of the marriage, a change of nationality by a Russian Russian cannot be effected without the special permission of His Majesty, the Nationality. Emperor. Persons over 15 years of age can only obtain this per- mission after they have served their term of military service. ^ To obtain the Imperial consent to a change of nationality, a petition, which does not require to be stamped, must be addressed to His Majesty the Emperor of All the Russias, and sent to the Commission for Petitions at Petrograd. The petitioner must explain in it the reasons which induce him to take the step. He must also append his passport and give his address. He receives the answer through the Russian Consul in whose district he resides. As petitions of this kind are brought before the notice of His Imperial Majesty only twice a year, and as they must pass through several ministries, they neces- sarily take time. It is advisable for the petitioner who has sent his passport with the petition as above to be in possession of a document proving his identity during the time he is awaiting his reply. Some Russian State Consulates, therefore, adopt the following practice : — The petitioner presents the petition to a Russian Consul with his passport and an envelope addressed to the "Chancellery" for the Reception of Petitions addressed to His Majesty the Emperor of Russia, with a request for a certificate in which is set forth that the petitioner's passport has been sent by him with a petition praying for permission to give up his Russian nationality. Such a certificate, which allows of his return to Russia, will be given him by the Russian Consul after he has received the petition and the passport, which are forwarded by the Consul to the " Chancellery " at the expense of the petitioner. Special permission from His Majesty the Emperor is indispensable in order to avoid prosecution and punishment under Arts. 325, 326 and 327 of the Russian penal code, which provides that : — " Whoever shall leave his country and, without permission of the Government, take service in a foreign country, or become the subject of a foreign power, shall be made answerable for so breaking his oath of allegiance and be liable to deprivation of all rights of citizenship and to perpetual banishment from the country. If he should come back to Russia without permission, he is liable to be arrested and transported to Siberia for colonisation. " Any person absenting himself from Russia and failing to return on being summoned to do so by the Government, shall be liable to the deprivation of all rights of citizenship and to perpetual banish- ment from the country, unless he is able to prove, within a period 1 " Mechclin : Staatsrecht des Grossfurstenthums Finland, II. Abschnitt, II. Cap. §8, herausgegeben von Marguardscn im Handbuch des offentlichen Rechts, Freiburg." ^ Law of General Military Service of 1S74, Art. 3. Continuation, 1912, Svod Zakonov. Vol. IV. ; Fundamental laws, Art. 69. Svod Zakonov, Vol. I., Part I., Ed. 1906. §191. 2o8 NATURALISATION, &c. P. v., Ch. xix. fixed b}' the court, that such non-comphance with instructions was due to circumstances either wholly or partly exonerating him from blame. Until he is able to do this he is regarded as one whose place of residence is unknown and his property is placed in trust on the basis of the Civil Laws applicable to the case. " Any person absenting himself abroad for a longer period than he has had permission for and without showing sufficient reason for so doing or obtaining permission from the authorities to extend his leave, is also classed as one whose residence is not known, and his property is placed in charge of trustees." In future the conditions under which Russian nationality can be given up will be placed on a new footing. According to a project of law regarding nationality, introduced by special Interdepartmental deliberations of the Russian Home Ministry, Russian nationahty can be relinquished in the following cases : — 1. Adoption of illegitimate children of Russian nationality by the father who is of foreign nationahty (Art. 35 of the project). 2. Marriage of a Russian woman with a foreigner (Art. 36 of the project). 3. Exclusion from Russian nationality by the Russian Ministry of Home Affairs. Such exclusion takes place : — {a) If a Russian subject becomes a foreign subject without having relinquished his Russian nationahty, and if the aforesaid subject has entered the Civil or Military service of a foreign power, and does not leave that service after having received orders to do so from the Russian Government. (&) If a naturalised Russian subject obeys the laws of the country to which he formerly belonged, and takes advantage of the rights of his previous nationality. (c) If a man evades actual military service, or naval service, or service in the Reserve or in the Militia in the event of mobilisa- tion (Art. 37 of the project). {d) When Russian nomads leave Russian territory. 4. If a Russian subject petitions to change his nationality and there are no special reasons enumerated in Arts. 41 and 42 of this project against the granting of such a request. § 192. At present foreign legislation as to naturalisation sometimes con- Britain flicts with the Russian law on the subject. For instance, according to English law, as expressed in the Naturalisation Act of 1870, a foreigner who has lived five years in the United Kingdom, or who during a like period has been abroad on British service, is entitled to take out papers of naturalisation, the Home Secretary admitting a Russian subject to naturalisation regardless of whether he has been permitted by His Majesty the Russian Emperor to lay aside his Russian nationality or not. A Russian subject, therefore, who has taken out papers of naturalisation in Great Britain without having first obtained the express permission of His Majesty the Emperor to divest himself of his Russian nationality, remains a Russian subject in so far as Russia is concerned, his naturalisation being null and void in the eyes of Russian law, and not even the British Embassy at Pctrograd can interfere on his behalf if he return to Russia. §192. p. v., Ch. XIX. NATURALISATION, &c. 209 As a peculiarity of the English law concerning the naturalisation of foreign subjects in Great Britain, it may be quoted that the children of foreign subjects who, although naturalised in Great Britain, do not reside in the United Kingdom, are not recognised by the British authorities to be of British nationality until they themselves have joined that nationality by naturalisation. Under these circumstances, the question remains open as to the nationality of such children living abroad, who have not naturaUsed as their parents have done. CHAPTER XX. — Conversion of Jews to Christianity. Russian subjects of the Jewish religion who wish to adopt the Roman Cathohc or Evangehcal Protestant Faith abroad, must address a request for permission to do so to the Department of Religious Affairs of Foreign Faiths of the Russian Ministry of the Interior, with two stamps of the value of i rouble each, or 2 roubles in money. Per- mission will then be given. ^ When a Russian subject of the Jewish rehgion has adopted the Roman Catholic or Evangehcal Protestant Faith abroad, he must address a petition to the aforesaid Department for the legal recognition of this baptism in Russia. A certificate issued by the competent ecclesiastical authorities must be enclosed with the petition, stating that the petitioner has joined the Christian Church. This certificate must be attested by the Russian Consular officer of the district.^ In case a whole family apphes for permission to join the Evangehcal Protestant Faith, each member of it must sign the petition ; children under the age of fourteen are exempt from signing. Persons under twenty-one years of age who have lost their parents must sign the petition together with their guardians. Jews who wish to adopt the Greek Cathohc Faith do not require to obtain special permission to do so from the Department of Rehgious Affairs of Foreign Faiths. §193. Conversion of Jews to Christianity, CHAPTER XXT— Money Remittances to Russia and Regulations for Telegrams. Both Russian subjects and foreigners frequently apply to Russian Consular Officials for information as to the best means of sending money to Russia. It is, therefore, desirable that Russian Elective and State Consuls, in order to enable them to advise apphcants, should be possessed of ail the available information on the subject. ^ Point I. Addenda to Art. 7 of the Svod Zakonov, ^'ol. XI., Part 1., Ed. 1896. * Official letter of the II. Department of the Russian Ministry of Foreign Affairs to the Russian Consulate General in London 4th August 1910, No. 10,128. j!193. 210 MONEY REMITTANCES TO RUSSIA. P. v., Ch. xxi. §194. Postal Regu- lations for Money Re- mittances to Russia. The Russian postal regulations forbid the sending in envelopes of coins or of any article that is subject to import duty. Such articles are, therefore, liable to be confiscated by the Russian postal authori- ties. As Russian paper money is specially named in the Postal Union Convention as an article that is subject to import duty, it is liable to confiscation even when the envelope which covers it is registered. Foreign bank notes (not coin) are not liable to duty, and there is no objection to their transmission from abroad through the post. They must be sent in insured envelopes on which the value of the enclosure is declared, and the following rules must be observed : — 1. Insured letters will have all the safeguards of the registration system, and, subject to the following regulations, compensation will be paid if they or any of their contents are lost in the post. 2. Postcards or packets of " Printed Papers," or " Commercial Papers " or Sample Packets cannot be insured. The letters to which the insurance system is specially applicable are those which contain bank notes, bonds, coupons, securities, &c. 3. Letters intended for insurance must be presented at the counter of a post office. They cannot be posted at railway stations, and must not be dropped into a letter box or handed to a postman or mail cart driver. 4. Insured letters may not contain coin, anything made of gold or silver, precious stones, jewellery, or any article liable to customs duty in the country of destination. 5. Insured letters must not be addressed to initials or in pencil. 6. Every letter packet tendered for insurance must be enclosed in a strong cover, which must be securely fastened and sealed with fine wax, in such a way that it cannot be opened without either break- ing the seals or leaving obvious traces of violation. Envelopes with black or coloured borders must not be used. Seals must be placed over each flap or seam of the cover of a packet ; and if the packet is tied round with string or tape, a seal must be placed on the ends where they are tied. The seals should be placed on the back of the envelope ; one in the middle and one in each corner. 7. All the seals on a letter must be of the same kind of wax, and must bear distinct impressions of the same private device. Coins must not be used for sealing, and the device must not consist merely of straight, crossed, or curved lines which could readily be imitated. 8. If a letter tendered for insurance does not, in the opinion of the officer of the post office to whom it is tendered, fulfil the foregoing conditions as to packing and sealing, it is his duty to refuse to insure it. Nevertheless the onus of properly enclosing and sealing the letter lies upon the sender ; and the Post Office assumes no liabihty for loss arising from defects of the cover or the seals which may not be observed at the time of posting. 9. The amount for which a letter is insured (which must not exceed its actual value) must be written by the sender both in words and in figures at the top of the address side of the cover, thus : — " Insured for fifteen pounds {£ij), 378 francs." No alteration or erasure of the inscription is allowed. If a mistake is made, the entry must be completely obliterated and an entirely new one made by the sender. §194. p. v., Ch. xxr. MONEY REMITTANCES TO RUSSIA. 2ir [0. The sums payable for insurance are as follows : — Fee. s. d. Limit of Compensation. £ Fee. C S. d. - 5 - - 7h - ~ 10 I 0^ - I 3 - - 12 - 24 - - 36 - - 48 - 60 I 51- - 18- 1 lOi - 31- 2 3i- - Limit of Compensation. i 72 84 96 108 120 Another method of sending money to Russia is by obtaining from a local banker a draft on a bank of international importance, such as the Bank of England, in the name of the payee in Russia. The amount is paid to the banker on receipt of the draft, and the draft can then be sent to the payee under registered cover, and the latter will be paid the amount on presenting the draft duly endorsed by himself to a Russian bank. Postal money orders may be sent to Russia from Austria-Hungary, Germany, France, and Switzerland, provided the following regula- tions are observed : — • 1. Money may not be sent by telegraph order. 2. In sending money by postal orders special printed forms must be filled in, stating the amount to be sent, in Russian roubles, and giving the name and address of sender and receiver ; and no remarks or communications are allowed to be added. 3. The amount of money to be sent must not exceed 100 Russian roubles, and foreign money is taken by the Post Offices of the respective countries at the following rates of exchange : — I crown (in Austria-Hungary) - - - 39-377 copecks. I mark (in Germany) _ . _ - 46*293 I franc (in France and Switzerland) - - 37 "5 ,, 4. If a postal order is lost in the post the sender is entitled to ask for a dupUcate, or for the reimbursement of the amount of the same within a period of one year, counting from the day of the sending of the postal order. Postal money orders may be sent to Russia from Great Britain, and money orders may be obtained at any money order office in the United Kingdom for payment in Russia. The remitters will receive certificates of issue as receipts for the amount paid in ; and these should be retained. Payment will be effected in Russia by means of orders issued by the Russian post office. The poundage chargeable in Great Britain is as follows : — d. 4 6 9 o For orders not exceeding £1 ----- - exceeding £1, but not exceeding £2 - - - £2 ,. .. £4 - - - £4 » ,. £6 - - I £6 „ „ /8 - - I 3 £S „ „ £10 - - I 6 No single money orders are issued for more than ;^io. Under the same conditions money orders are issued in Russia for payment in the United Kingdom. §195. Bankers' Drafts for Money Re- mittances to Russia. §198. Postal Money Orders. §§ 195, 196. 212 MONEY REMITTANCES TO RUSSIA. P. v., Ch. xxr Telegrams in the Russian language may be sent from abroad to- Russia, but must be written with Latin characters. The following, correlation of letters may be used : — a a n P 6 h P r B V c 8 r 9 T t A d y U e, % 9 e (ii, e f 'Al J X h 3 z n is II, i, H { H c K Jc III sh 1 I m sc M m H y H n K) ill K ia However, the address must be written in French, and the following; code-words must be used : — Code ior Ministry of Foreign Affairs _ _ _ _ Inostvo Telegrams. Minister of Foreign Affairs ----- Inonistre I. Deputy - - - - - -- - Inotovistre II. Deputy ------- Inotovar I. Section and Chancellery of Minister - - Inokan Chief of the Office ------ Inonakan II. Section ------- Inobh Chief of the II. Section ----- Inonabh III. Section ------- Inosas Chief of the III. Section ----- Inonasas IV. Section ._.---- Inodal Chief of the IV. Section ----- Inonadal I. Department ------- Inoper Director of the I. Department - - - - Inodiper II. Department ------- Inovtor Director of the II. Department - - - - Inodivtor Diplomatic Office with the Commander in Chief (Field Ofhce) ------ Inopokan Director of the same ------ Inodipokan Jurisconsult Section ------ Inotchir Chief of the Jurisconsult Section - _ - Inonatchir Office of the Ministry of Foreign Affairs for Inquiries ------- Inosprav Telegrams to be sent off are to be as concise and brief as possible. They can be paid for by the Government Exchequer only in cases where they contain matter referring to Consular service, and if the circumstances are such that the letter post or couriers cannot be used for communication. Telegrams asking for leave of absence cannot be paid by the Government Exchequer, and if a reply by wire is wanted, the applicant must pay for it beforehand, otherwise the reply will be sent by post. 196. p. v.. Cir. XXL MONEY REMITTANCES TO RUSSIA. 213 Reports on matters which concern different Departments of the Russian Ministry of Foreign Affairs, for instance, the taking up of •duties, or the receiving of money assignments, etc., must not be sent to each different department simultaneously, but must all be addressed to the Second Deputy. Telegrams concerning affairs of private persons cannot be paid for by the Government Exchequer except in such cases when the interest ■of the Government service makes wiring necessary. Telegrams to Directors of the Chancellery Departments and Archives of the Ministry of Foreign Affairs must be sent to the Depart- ments which are subordinate to them and not to them personally.^ CHAPTER XXIL— The Suppression of White Slavery. A CONVENTION Concluded on i8th May 1904, between Russia, France, Great Britain, Italy, the Netherlands, Portugal, Sweden and Norway and Switzerland, provides for administration measures to be adopted for the prevention of the trade in women for immoral purposes. In order to effect this, Russian Consular Officers will be advised by local authorities, wherever possible, of the arrival of the victims and of their nationaUty.2 On the other hand, where possible, Consular Officers are invited to furnish such information to the Russian Society for the protection of women. Elective Consular Offxers report to the State Consuls of their district, and the latter direct to the said Committee, ^ and receive communications from the Committee direct. Similar •committees have been estabHshed in the countries of all the high contracting parties. White Slavery. CHAPTER XXni.— Repatriation. In order to facilitate the repatriation of needy Russian subjects an agreement has been concluded between the Russian Ministry of Foreign Affairs and the Committee of the Volunteer Fleet, to the effect that the latter undertakes to repatriate for the period of one year, up to 100 needy Russian subjects on the ships of the fleet, free of charge, when it has been certified by Russian Consular Officers that such persons are utterly destitute. Not more than five of such cases can be sent at •one time. If more passengers are sent, then the ordinary fee must be paid by the Consular Officer who sends them. Accounts thereof are to be presented to the II. Department of the Russian Ministry of Repatria- tion. ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs •of 14th June 1912, No. 7600. ^ Art. 2 of the Convention. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of .14th March 1905, No. 2659. § 196. 214 REPATRIATION. P. v., Ch. xxiir. Foreign Affairs. Each case of repatriation must be reported to the Department of Personal and Economic Affairs of the Russian Ministry of Foreign Affairs using the following formula : — " On the the Russian Consulate placed/name/ on the S/S /of the Volunteer Fleet/for repatriation to "^ CHAPTER XXIV. — Deposit of Property at the Consular Office. Deposit of Any property may be committed to the charge of the Consular Officer proper y. -^^ accordance with Sections 19 and 20 of the Consular Tariff. To that effect, a protocol is drawn up in Book No. V,, mentioning the name of the deponent and the circumstances under which the deposit was made. A receipt is given to the person depositing the property, who must sign his or her name below the entry in the Consular Book. The receipt must be worded as follows : — " This receipt is given by the Russian (Vice) Consulate at to Mr. (Mrs. or Miss) for having received from him (her) a on the day of ..... 19 . . ." " Town This .... day of 19 . . . " (Signed) Imperial Russian (Vice) Consul." Consular Officers are entitled to refuse to take charge of money,, stocks, shares, bank notes, or articles of value if there is no urgent necessity to do so. Consular Officers are obliged to take the utmost care of any articles or valuables which have been committed to their charge, and must return them immediately they are requested to do so by the deponent or his attorney, or the person in whose name they were left in charge of the Consular Officer. ^ All sums of money, stocks, bank notes, and any articles of value which belong to the estate left by a deceased which have been received by the Consular Officers on behalf of the heirs of the deceased must be duly entered in Book No. V. [see § 38 of this Guide) in such a way that each case of death is kept separately. The sums of money must be entered in the currency in which they were received. Stocks — in their face value indicating the date on which the first coupon, etc., falls due for payment, and articles of value by a valuation in conformity with the inventory which has to be made on the receipt of the estate. As regards the actual sums of money and valuables mentioned in the accounts it makes no difference whether they are kept at the Consulate or with bankers or Safe Deposit Companies. * Circular of the I. Department of the Russian Ministry of Foreign Affairs of 29th July 1913, No. 8788, ^ Cons, Reg., Art. 80. §196. p. v., Ch. XXIV. DEPOSIT OF PROPERTY. 215 The following form must be observed : — Estate left by deceased at . Date Date. Assets. Currency. Date. Liabilities. Currency. Cash received Articles of esti- mated value of Stocks and Shares Interest on Capital received from the sale of stocks or articles Paid account X. Paid account Y. Stocks sold Articles sold Due to Z. - Articles delivered of an estimated value of - These accounts must be balanced on the conclusion of the account and on each 31st December, when the Chief of the Office must sign it and certify that the account is correct.^ If the estate which belonged to the deceased, or the property deposited at the Consulate exceeds the value of 1,000 roubles, the Consul who receives it must immediately inform the I. or II. Depart- ments of the Russian Ministry of Foreign Affairs, whichever Depart- ment the case may require ; and the following form must be used : — Imperial Russian at Date No Description of Estate or Deposit. Kept at the Consulate. Kept at the Bank. Date. In Currency and Coupons. In Stocks Face value. In Currency and Coupons. In Stocks Face value. The amounts are to be shown in the currency in which they are received. 2 ^ Circular of the I. Department of the Russian Ministry of Foreign Affairs of ist November 1912, No. 13,032. * Circular of the I. Department of the Russian Ministry of Foreign Affairs, Ibid, of 1st November 1912, No. 13,033. me. 2l6 PART VI. Duties connected with Vessels under the Russian Merchant Flag. §197. Bassia's commercial treaties. §198. Arrival of Russian vessels at foreign ports. § 199. Captain obliged to report him- self a .Consulate. 197, 198, 199. CHAPTER I. — Duties on Arrival. The right of Russian merchant vessels to trade in foreign waters is secured by a series of special treaties, according to which such vessels, when in the waters of the contracting States, either enjoy the rights of the most-favoured nation or are placed on an equal footing with vessels of the native merchant fleet, being only required to comply with local customs, police and other regulations and to pay the ordinary dues and charges. Such treaties have been concluded by Russia with the United States, on the 6th/i8th December 1832 ; with the Netherlands on the ist/i3th December 1846 ; with Greece on the 12th June 1850 ; with Belgium on the 28th May/gth June 1858 ; with Great Britain on the 31st December i858/i2th January 1859 '> with Austria on the 2nd/i4th September i860 and the 6th/i8th May 1894 ; with Turkey on the 22nd January/3rd February 1862 ; with Italy on the i6th/28th September 1863 ; with France on the 20th March/ist April 1874 ; with Peru on the 4th/i6th May 1894 ; with Servia on the 15th October 1893 ; with Germany on the 29th January/ioth February 1894 ; with Japan on the 27th May 1895 ; with Portugal on the 27th June/gth July 1895 ; with Bulgaria on the 2nd July 1897. On the arrival of a vessel under the Russian flag at a port where a Consular Officer is stationed, or at a port which is not more than 10 versts from his place of residence, the captain must present himself at the Consulate to report the ship and to execute the formalities of clearing her in and out. If the distance is greater than 10 versts captains are excused from reporting the ship, on account of the expense and the loss of time they would incur. The Consul is entitled to summon the captain to appear before him at the Consulate and the captain is bound to comply with this summons immediately after he has secured his vessel, and not later than four-and-twenty hours after his arrival.^ If the captain fails to appear at the Consulate within 24 hours, the Consul must either proceed on board himself or commission the Vice-Consul or Secretary to do so, or he may, if he considers it necessary, request the assistance of the local authorities to summon the captain to comply with the Regulations. The Consul, Vice-Consul, or Secretary, must draw up an official ^ Cons. Reg., Art. 49. p. VI., Ch. I. DUTIES ON ARRIVAL. 217 report in respect to this summons, in the presence of the captain and the mate, and sign it with them. If, after this, the captain does not immediately go to the Consulate to present his papers, and to make his declaration, he must pay a penalty not exceeding five roubles, for the benefit of the Treasury. He is, however, not liable to any fine if he can prove that circumstances beyond his control have prevented him from leaving the ship. Should the captain not be able to pay the fine, it will be collected from the owner of the ship, who according to law is responsible for the deeds and acts of his captain.^ During the stay of a Russian ship in a port of his district, the 'Consul may summon the captain and crew to appear before him whenever he has anything to communicate to them, or requires any explanation or information, or when he has occasion to interrogate them in respect of complaints made against them, or to take their ■depositions as witnesses. The captain and the crew cannot refuse to appear when thus summoned. ^ The following are the papers which the captain of a Russian or Finnish ship is required to produce at the Consulate : — ■ 1. The Builder's Certificate or Bill of Sale of the vessel (bilbref). 2. The Flag Patent. 3. The crew list (muster roll). 4. The measure brief (mate-bref) ; charter party, if the whole 'Cargo is from one shipper, and all bills of lading (connoissements) if loaded by several ; and the log-book, if required by the Consul. According to Section 71 of the Russian Trade Regulations, (Ed. 1903) the ship's logs must be attested by the Board of Administrators of a Russian port, or by a Russian Custom House, or by a Russian Consulate. The log-books must be written in the Russian language on ships belonging to the Russian merchant fleet. The log-book must contain particulars about the direction and the power of the wind, the course of the ship according to the main compass, the number of revolutions of the screw, or of the wheel, drifting, Hsting, the state of the weather, sky and sea, the barometer readings, the temperature of the air, the height of the water in the ballast tanks or holds, tempera- ture of coal bunkers, pressure of steam and sails, indications of distances covered by the ship, place of ship in mid-day, and all possible occur- rences during voyage.^ It is the duty of the captain to see that the log-book is kept pro- perly. Any improper keeping of this book — as, for instance, using another language than Russian — is subject to a fine of 25 roubles.* When Russian Consuls have ascertained that the log-book of a Russian ship is not kept in the Russian language, they are obliged to inform the Chief of the port to which the ship belongs, and also the State Consul to whom they are subordinate. Protocols of damages sustained by the ship, or any other documents drawn up as an extract from the log-book, must also be written in the Russian language. §200. Producing ship's papers at Consulate. Clearing in. Loz-Book- ^ Cons. Reg., Art. 53. * Ibid., Art. 54. ' See Trade Regulations, Art. 168, Ed. 1903. * Penal Code, Section 1253. §200. 2i8 DUTIES ON ARRIVAL. P. vi., Ch. i. And any such documents must be presented at the section of the commercial shipping, and must be written in the same language. ^ If the Consul does not require the log-book to be produced, he must at least require of the captain an exact report of the voyage. This report must state as precisely as possible the place and time of departure, the course taken, all circumstances worthy of attention which may have come under his notice or on which he may have gathered information, as for example : newly marked sandbanks- and rocks; newly erected lighthouses; disasters, &c., the fleets, squadrons, ships of war he may have met, and ships which may have appeared suspicious ; alterations of sanitary, customs or anchorage regulations in the ports into which he may have put, in fact everything which may have come to his knowledge as noteworthy, or which may be of interest to Russian commerce and shipping. It rests with the Consul to decide whether the contents of the captain's report should be entered in Book VIb. or not. In the latter case the captain must sign his name to the report. ^ An entry is made by the Consul in Book VI. giving all the particulars as required by that book.^ The ship's papers as above are only produced by the captain and retained at the Consulate if the ship enters the port for purposes of commerce, i.e., to load or discharge a cargo. If the vessel only puts into a port to take provisions or water, or for orders, &c., it is sufficient for the captain to present himself with his papers. When only putting into a port where there is a Consular Officer, the captain must send a statement to the Consul giving his reasons for so doing. If his stay last longer than 24 hours, he must produce his papers at the Consulate and pay the customary fees in accordance with the tariff, and par- ticularly with that section of it which refers to the compulsory putting into port of Russian merchant vessels.* The Consul must assure himself that the ship's papers and those relating to the cargo and the passengers' passports, are in order. He may, if he considers it necessary, examine the provisions and the medicines, and if he finds them satisfactory he must certify to thak effect in the certificate of arrival. Should the ship's papers, or those of a passenger, not be in order, the Consul must act according to circumstances. If he finds that the provisions and medicines are insufficient or of inferior quahty, he must devise means to remedy this. In all such cases he must report to the Imperial Legation or Embassy, and to the Central Board of Mercantile Shipping and Ports, or the Governor-General of Finland, as the case may be.'' § 201. Arts. 227 and 394 of the Russian Trades Regulations prescribe duty^to ^ ^^'^^ ^^^ captains of Russian merchant vessels, on their arrival at a observe local foreign port, must inquire as to the laws regulating commerce and regulations. ^ Letters of the Section for Commercial Shipping of 23rd November 1909, No. 981 1, and of 22nd June 1912, No. 6298, and circular of that Section of 31st March 1912, No. 19. Circular of the II. Department of the Russian, Ministry of Foreign Affairs 3rd August, No. 9999. ^ Cons. Reg., Art. 49. Maritime Code of Finland, Art. 6. 3 See Part I., Chapter XI. ^ Cons. Reg., Art. 50. * Cons. Reg., Art. 52. §201. p. VI., Ch. I. DUTIES ON ARRIVAL. 219 shipping which are in force at that port, and also as to the customs, quarantine, and other local regulations, usages and customs, and must comply strictly to them all. It is the duty of the Consular Officer to see that these regulations, &c., are properly carried out and to provide captains of Russian vessels with the requisite information and guidance.^ CHAPTER II.— Duties on Sailing. Every Russian captain when ready to sail from a foreign port where there is a Russian Consular Officer, is required to present himself at the Consulate for the purpose of making his declaration. The Con- sular Officer enters in Book No. VI. the particulars relating to the ship, using the prescribed form. He then attests, free of charge, the ship's bill of health and the crew-hst, recording in the latter any changes that have been made, while in port, by desertion, discharge, signing on, or death, in the composition of the crew ; legalises, gratis, any certificates of service, discharges, &c., which the captain may give to members of his crew when signing them off the crew-hst, and collects the lawful ship and tonnage dues and the fees for such changes in the crew-hst, giving the captain a certificate of inward and outward clearance of which the following is a convenient form : — No. 1/7. Certificate of Inward and Outward Clearance. Rbls. Cop. £ s. d. Shipping dues ------ 4 50 — 9 1\ Tonnage dues - 25 68 2 14 5 Three changes in crew hst 2 25 — 4 lOj Total - 32 43 i ' 8 II §202. Sailing of Russian vessels from foreign ports. Captain P. I, Ivanoff, commanding the Russian merchant steam vessel " Baikal," 1,712 tons net register, arrived at the Port of Newcastle-on-Tyne on the 5th/i8th May 1904, from Valencia, with cargo, and, at his request, to-day received clear papers to sail for Gibraltar, with cargo. Account of Consular fees received : Certificate of inward and out- ward clear- ance. Newcastle-on-Tyne, ioth/23rd May 1904. ©Imperial Russian Consul : (Signature of Consular Officer.) The Consul must on his own responsibihty prepare and dehver their papers to the captains of ships that are ready to sail, not later ^ Cons. Keg., Art. 56. §202. 220 DUTIES ON SAILING. P. VI., Ch. II. §203. 'Clearing out of vessels. in any case than 24 hours after the captain applies for them. It is, however, desirable that the formalities of clearing the vessels out should be performed by the Consular Officer as soon as possible after apphcation is made to him. The captain who is first to make his declaration is entitled to be despatched first. ^ The captain of a ship, who refuses to pay the duties which are due from him to the Consular Officer for the prescribed certificates is liable to a fine not exceeding double the amount according to the Tariff. 2 If a ship is bound for a port the entrance to which is closed by a blockade, a prohibition, or some other obstacle, the Consul must inform the captain of the fact, and, if possible, point out to him another port in the same country whither he can proceed without danger. If by order of a foreign authority, an embargo is laid on a ship or her cargo, the Consul must use all proper means to have it raised as soon as possible, and to secure a just indemnity for those entitled to it. At the same time he must bring the case to the knowledge of the Ministry for Foreign Affairs and the Imperial Legation, and he must take care to keep the crew in good order. If sailors of Russian ships about to sail are arrested for debt, the Consul must interfere to get them liberated on the captain's security, if the latter consents.^ CHAPTER III.— Duties of Captains. It is the duty of the captain of a vessel to be considerate and kind in his behaviour to the members of the ship's crew, showing them an example of good temper and conduct, sobriety, industry and devo- tion to duty in order to merit the respect and obedience of his sub- ordinates.* Before proceeding on a voyage the captain of a ship is obhged to stock the vessel with a complete and sufficient quantity of good and healthy provisions such as are used by seamen when at sea, and so to estimate the quantity as to allow for possible delays on the voyage in order not to be compelled to call at ports on the way to replenish the stock and thereby increase the costs of the voyage. He must see that the provisions are suitably stored according to their different natures, so that they do not spoil on the voyage. ^ The captain of a vessel is forbidden to inflict corporal punishment on a member of the crew.^ As to Captains of Finnish vessels, the Finnish Regulations of the 30th March 1848 provide (Part IV. Art. 4) that such captains must be careful to provide a sufficient quantity of suitable food and drink for their crews, that sick men are to be properly looked after, and that the crew are to assemble in the morning and evening for common prayer. ^§ 203, 204, 205. ^ Cons. Reg., Art. 59. * Cons. Reg.. Art. 60. * Ibid., Art. 275. Code of Criminal Laws, Art. 1248. Trade Reg., Art. 274. Ibid., Art. 281, Continuation 1906. 221 CHAPTER IV.— Duties of Sailors. The duties of sailors towards the captain are as follows : (i) to remain g^^J^?^' on board the vessel from the moment they sign the articles till they ^uties^ formally receive their discharge, and during the whole period of the voyage, and not on any account to leave her without the knowledge and consent of the captain. (2) To obey the captain in all that relates to their duties or work. (3) To make themselves acquainted with their duties and to execute promptly and accurately all orders proceeding from the captain and relating to their duties or behaviour. ^ Every member of the crew is further obliged, under the terms of the agreement signed by him, to obey the captain and other officers of the ship so long as that agreement is in force, whether at sea or on land, on board the vessel or in the ship's boats, in all that relates to their duties as members of the crew and with regard to the safe- guarding or preservation of the vessel, its appurtenances and cargo. The crew must be sober, industrious, wilUng and careful. 2 In case of danger to the ship or cargo, every member of the crew must do his utmost to avert the danger. If, however, in spite of all efforts to save them, part of the ship or cargo is destroyed, either by fire or otherwise, every endeavour must be made to save the re- mainder. ^ Every member of the crew, if ordered to do so by a superior officer, must work at the pumps and otherwise help to bale water out of the vessel, being Hable, in default of so doing, to have a deduction made from the wages due to him of a sum proportionate to any damage or injury that may result to the ship or cargo.* Members of ships' crews are forbidden to enter the holds of the vessels with hghted candles or other unprotected hghts without the express order of the master, mate or boatswain ; these latter, on the other hand, should not send men into the holds with such hghts with- out special necessity, and only in cases of extreme need, and, when doing so, as also when having the cabins and crew-spaces hghted, they must observe the most stringent precautions.^ Members of a ship's crew must take their watches in turn and as instructed by the captain.* If, when the cargo is being loaded or discharged from the vessel into a lighter or barge for transport to another landing stage, any one of the members of a ship's crew be ordered by the captain to go on board such hghtcr or barge and to keep guard over the goods therein, he is obhged to obey the order promptly and thoroughly, receiving a remuneration of 30 copecks for every such commission and being held responsible for any damage or loss which may result through his carelessness or inattention. '^ An efficient seaman must be able to reef and bend a sail, to fix a topmast and brace a yard, to sphce a rope and fix a stay, to tell the points of the compass, to cast the lead and to mend sails.^ 1 Trade Reg., Art. 259. "^ Ibid., Art. 261. ' Ibid., Art. 262. * Ibid., Art. 263. * Ibid., Art. 264. « Ibid., Art. 266. ' Ibid., Art. 267. * Ibid., Art. 269. §206. 222 DUTIES OF SAILORS. P. vi., Ch. iv. The duties of a master's mate are principally — (i) to direct the course of the vessel ; (2) to fulfil with precision the instructions of the captain, to give him every assistance, and in his absence from the vessel to act as his deputy ; (3) to maintain order among the crew, to prevent quarrels and fights among them, to cause them to fulfil their duties and to take care that they are supphed with sufficient food of good quahty ; (4) to see to the proper cleaning of the holds for the cargo ; (5) to arrange for the speedy loading and stowing of the cargo ; (6) to keep an exact and accurate account of all goods loaded, with marks and numbers of the parcels or packages of goods taken on board, and showing the disposition of the goods ; (7) to give receipts for goods loaded on board the ship to the merchants or their representatives and also inventories of the cargo ; (8) to keep the ship's log-book and also a record of the goods received on board ; and (9) to see that the goods receive no damage while on board. ^ The chief mate of a ship is subordinate to the captain only, and at no time during the voyage may he be absent from the ship at the same time as the captain, except in cases of urgent necessity. ^ The carpenter, like the rest of the crew, is subordinate to the captain, to his mate, and to the boatswain. His duties are to see that the vessel is staunch and seaworthy ; that the decks, bulwarks, and all other portions are well caulked and free from leaks ; that the pumps are in good order ; that the barrels of the pumps are suitably covered with leather ; and that all the accessories to them are in good order. Before the ship sails from a port, the carpenter must, if required, examine the masts, spars, rudder, and capstan, and make sure that they are in good order and sound condition, and inform the captain to that effect. As soon as the vessel is loaded, he must close up the hatchways and cover them with tarpauhns.^ Finland^''* ^^^ Maritime Code of Finland contains the following regulation relating to the duties of sailors : — Every member of the crew, and every other person employed on board of the vessel and not, properly speaking, counted as a sailor, is obliged to obey the orders of the captain. A seaman may not, under any pretext, leave a task to which he has been appointed, whatever the hour of the day or whether it be wprk- day or holiday ; he must apply all the assiduity requisite to preserve the ship and cargo whether at sea or in port. At the same time, the crew may not, without imperative necessity, be subjected to excessive work. If any damage be caused by the act or neglect of a seaman, he must be held responsible for same. The above rules apply equally to the pilot (chief officer). His special duties consist in navigating the vessel under the control of the captain, attending to the safety of the cargo, and controlling the loading and discharging of same ; in ascertaining the good condition and strength of the tackle, apparel and furniture of the ship, and in commanding her in the captain's absence.'' ^ Trade Reg., Art. 270. * /^^^^ ^j-t. 271. ^ /^^^^ ^rt. 272. * Maritime Code of Finland, Art. 61. 5 207. 223 CHAPTER v.— Signing Articles. All agreements between the masters and crews of Russian vessels are binding on the parties until such time as the vessel arrives at a Russian port, and are subject exclusively to Russian law. However, Consular Officers are at liberty to sanction a voluntary dissolution of the agreement if both parties are agreeable, and, in such cases, they must record the circumstances on the crew list.^ The mustering of sailors abroad in ships saihng under the Russian flag, must be performed at a Russian State or Elective Consular Office. This rule applies also to Finnish ships. - Masters and owners of Russian ships are not allowed to engage persons who are not provided with lawful passports or certificates proving their identity. They are also not allowed to engage persons for longer periods than their passports or certificates hold vaUd.^ This, however, refers only to Russian subjects. Foreign seamen may sign on without producing passports or certificates of identity. The proportion of foreign seamen permitted to be enrolled as part of the crew of a Russian vessel is limited to one-fourth, except in cases where the number of foreign seamen is fixed by special regu- lation or treaty. The captain, mate, and engineer must in all cases be Russian subjects, and must be provided with diplomas.* On appHcation to the section of Mercantile Marine of the Ministry of Trade and Industry, during time of war, Russian captains may be given the right to enroll on the crew list, subjects of neutral and alUed states of one-half of the total number of the crew. The Maritime Code of Finland provides that the command of a vessel belonging to a Finnish port cannot be confided to any person who is not a native of Finland.^ Contracts between masters of Russian vessels and their crews {crew lists) must contain : 1. The names of the master of the ship and of each individual seaman or other member of the crew, and a statement as to the capacity in which each man is engaged. 2. The name of the place whence the vessel is about to sail, the destination, and the approximate route. 3. The amount of wages, which must be entered against the name of each member of the crew in figures and in writing, together with a statement as to whether payment will be made monthly or otherwise. 4. An undertaking by the master to provide his crew with rations as prescribed by law. 5. An undertaking on the part of the officers and crew to perform all duties as prescribed by law, to obey implicitly the orders of the §208. Articles binding on parties until the return oS the vessel to Russia. § 209. Musterin? at Consu- lates. §210. Passports. § 211. Foreign seamen on Russian vessels. § 212. Finland. Signing articles. § 213. Contents of Muster-roll Cons. Reg., .\rt. 103 ; see also " Discharge of Sailors." Maritime Code of Finland, Art. 57. Trade Reg., .-^rt. 250. Ibid., Art. 175 and 197. Maritime Code of Finland, Art. 31. S§ 208, 209. 210, 211. 212, 213. 224 SIGNING ARTICLES. P. VI., Ch. v^ §214. Finland. Crew list. § 215. Voyages of indefinite duration. §216. Essentials crew lists. of § 217. Sailors' wage books. master of the ship, and to make good from their wages any loss or damage which may result from their negligence.^ The Maritime Code of Finland contains similar provisions. Accord- ing to Art. 57, the agreement with the crew of a Finnish vessel pro- ceeding abroad must contain all the stipulations as to the work and wages of each particular man. This agreement must be examined and ratified by the competent local authority (by a Russian Consular Officer abroad), and recorded in the ship's articles. Every member of the crew, however, is entitled to receive a special book, in which the wages paid or due to him are inscribed. Speaking generally, it is desirable that the muster-roll (crew list) of the ship should contain the most detailed possible statement of all the stipulations agreed to by the captain and the crew, especially those relating to fines for damages caused by sailors to the ship or for disobedience or misconduct. This will greatly assist the Consular Officer in deciding disputes regarding such matters. Experience teaches that disputes and misunderstandings between captains and theii crews arise more frequently when the agreement between them is couched in general terms than when it contains specific stipulations. If a Russian merchant vessel proceeds on a voyage of indefinite duration, as is frequently the case, the master must agree with his crew to pay them a monthly wage, and the agreement must be recorded in the crew list. By a voyage of indefinite duration is meant one in which the vessel, after discharging at a given port, takes another cargo there to be dehvered at a third port, &c^ In order that a contract between the master of a ship and his officers and crew shall be binding it is necessary : — 1. That all parties sign a written or printed agreement drawn up in duphcate, in accordance with the above-mentioned Art. 245 of the Trades Regulations. Of these copies, one remains in the posses- sion of the master and the other is entrusted by the crew, according to their own choice, to any independent person. 2. That the captain pay the crew an advance of wages and accom- modate them on board of the vessel. 3. That the crew-hst be produced in the proper manner to the legally constituted authorities. ^ Owners and masters of Russian coasting vessels, the " Russian Society for Steam Navigation and Trade," the Murman- Archangel regular steamship line and, with the special permission of the chief head of the Central Board for Commercial Shipping and Ports, the other steam shipping companies whose capital is divided into shares,, are permitted either to conclude agreements with their crews in writing, according to the aforesaid Art. 245 of the Trade Regulation, or to issue wage books to their crews duly signed by them, and embodying the conditions stated in that Article." All payments, fines and deductions from the wages of members of the crew must be entered in the wage sheets. In addition, the owner or captain must keep a separate book in which to record all 214, 215, 216, 217. ^ Trade Reg., Art. 245. ^ Ibid., Art. 247. 2 Ibid.. Art. 246. * Ibid., Art. 248. p. VI., Ch. v. SIGNING ARTICLES. 225 accounts and payments made to members of the crew. These wage sheets and wage books supply the data for the settlement of disputes between owners of vessels and their crews. ^ The master of a Russian vessel must always have his crew list, or the wage hsts, or wage books which replace it, ready to hand, and must produce them to members of the crew whenever requested to do so. 2 The contract having been signed, the master must give each member of the crew an advance of wages. Those of the crew who have made a contract for monthly wages, may claim a month's wages in advance, those who have signed for a voyage are entitled to an advance equal to one-fourth of the sum agreed upon.' The contract between the master of a Russian vessel and his crew acquires legal validity from the moment it is signed by all the parties concerned. Immediately after signing the contract the crew are obhged to proceed on board the vessel and commence their duties.* If a member of the crew of a Russian vessel, after signing the agreement and receiving an advance of pay, neglects to proceed on board the vessel within a period of three days or he makes a new agreement with another captain, the master to whom he first engaged himself may cause him to be arrested and brought on board. ^ Abroad the captain can enforce this rule only so far as the laws of the State or State Treaties allow him to do so. If the ship be not quite ready to sail, and a member of the crew have lawful excuse for refusing to proceed with the vessel for which he had signed articles, he may, after having informed the master and returned his advance of wages, demand to be set free from his agree- ment, and if detained by the master, may appeal to the local police authorities. But if the ship be ready to sail he is obliged to proceed with her, however great may be the necessity for him to remain benind.* If, after the contract has been signed, the master be prevented, through sickness or any other cause, from proceeding with the vessel, and if the vessel has not yet commenced loading, the crew are not bound to carry out their agreement ; but if the vessel has already begun loading the contract remains in force, and the mate must then proceed to carry out the agreement until a new master be appointed by the owners.' If, after the contract has been signed, the owners of the cargo and of the vessel agree to alter her destination, the crew are bound to proceed with the ship and fulfil their contract on the original con- ditions, with the right, however, of claiming extra pay for any increase in the duration of the voyage. ^ Finnish sailors, when serving on Finnish vessels, are subject to the Maritime Code of Finland of the year 1874. According to this Code, sailors are only bound to sail from the port where they sign articles with the captain by whom they were engaged and for the §218. Advances to sailors. §219. Liberation of sailors from agree- ment. § 220. Sickness of master. § 221. Finland. Conditions of agree- ment. ^ Trade Reg., Art. 249. * Ibid., Art. 252. * Ibid., Art. 254. ' Ibid., Art. 257. - Ibid., Art. 251. * Ibid., Art. 253. * Ibid., Art. 255. « Ibid., Art. 258. §§ 218, 219, 220, 221. 226 SIGNING ARTICLES. P. VI., Ch. v. § 222. Form of crew list. §223. Foreign sailors on board Russian ships. destination stated in the contract. If it should happen later that the captain is changed, the route altered, or the voyage extended, the crew must proceed with the vessel until she reaches the next Finnish port, unless it is expressly stipulated otherwise, and they have the right, during the whole voyage, to the monthly wages agreed upon in the first instance. If the voyage is prolonged, the amount paid to sailors engaged for the voyage only must be increased in proportion. In such cases, moreover, seamen are entitled to the current rate of wages paid at the port where they signed on.^ In case of the purchase of a foreign vessel by a Russian subject abroad, or of the loss of the crew hst of a Russian ship. Consular Officers may make out a new crew list, using the following form : — Crew List of the Russian trading vessel of tons net register, belonging to the port of bound from to (made out in place of the old one which has been lost). Current number. Occupa- tion. Name, Patronymic and Surname. Nation- ality. Signa- ture. Wages per month. Advance. Signature of the authority enrolling the man. Supercargoes must also be enrolled in the crew list. They do not require to be provided with a passport. When sailors of foreign nationality sign the articles of a Russian ship, on discharge they have no right to claim repatriation, or to be sent back to the place from which they signed their articles. It is a general principle of International Law that sailors serving on board the ship of a foreign nationality are subject to the law of that nationahty in respect to service on board that ship. Therefore, provided that the captain of a Russian ship does not undertake by special agreement to repatriate foreign sailors serving on board his ship, nor does he promise beforehand to send them to the port at which the agreement was signed, and in the absence of special State treaties regulating this question, such an obligation does not exist. For the same reason Russian sailors who have been discharged from foreign ships abroad, are sent back to their country, if so desired, at the expense of the Russian Govern- ment. CHAPTER VI. — Dismissal and Discharge of Sailors from Russian Ships abroad. Except in cases of capture, confiscation, sale^ or wreck of the vessel,^ or illness of a member of the crew,* or when the agreement between the captain and the sailor has been signed for a period of time which expired or for a certain voyage which was duly completed^ — the Consul must not give his consent to the captain of a Russian vessel to discharge a Russian sailor in a foreign country, unless the captain is compelled to dismiss him for very urgent reasons. ^ Maritime Code of Finland, Art. 68. ^ See " Sale of Russian Ship." ^ See " Shipwreck." * See " Invalid Sailors." ^ Trade Reg., Art. 283. § 222, 223. p. VI., Ch. VI. DISMISSAL AND DISCHARGE. 227 Q 224 The Consul must give the captain a written authorisation, men- consular * tioning all the circumstances leading to the discharge.^ On his arrival sanction oi in Russia the captain must present his report with the Consular discharge authorisation to the proper authorities. ^ 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.^ Russian captains are Ukewise 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.* 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.^ 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 agree- p^jfjj'^rge ment, the sailor can ask for his discharge at any time, provided that of Seamen, the ship has reached the port of destination, has been made fast, the cargo discharged, and the ballast taken in.' 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.^ On 1 Cons. Reg., Art. 85. ^ jrade Reg.. Art. 293. =* Ibid.. Art. 294. * Cons. Reg., Art. 86. '= Ibid., Art. 103. " Trade Reg., Art. 283. '' Letter from the Otdel Torgovogo IMareplanaviya to the Russian Consul- General in London, 14th February 1914, No. 1360. * Ibid., of 28th September 1913, No. 8017. ^ § 192. §224, 225. 228 DISMISSAL AND DISCHARGE. P. vi., Ch. vi. §226. Captains secretly leaving sailors behind abroad. receipt of these sums the captain must sign a statement to the effect that he has been paid all wages due to him, and his travelling expenses, and has received a certificate of discharge issued by the Consul free of charge, and has no further claim against the Consulate. This declaration must be preserved in the archives of the Consulate. In 1905 the captain of the Russian schooner Circus, of Riga, was discharged at West Hartlepool by the owners of the vessel, because he was wrong in the vessel's accounts, and he was replaced by another master. He signed an acknowledgment to that effect. The Consul consented to his discharge for the reason that the owners were entitled to safeguard their own interests ; however, they were obliged to pay to the captain his travelling expenses to the Russian port where he had signed the articles, notwithstanding the fact that he owed money to the owners of the ship. In case of discharge of a Russian captain or mate from a Russian ship abroad : — 1. Such dismissal is only allowed in cases where the discharged man is not able to return to Russia in the same ship, or on account of illness or sale of the ship, or some other lawful cause. The man so discharged is entitled to receive all moneys due to him and the customary documents, and to be left in charge of the Russian Consul. 2. The Consul must ascertain that the men have received all the wages due to them, and their travelling expenses to Russia. If the ship be sold, such wages and travelhng expenses must be paid up to the date on which they would have arrived in Russia, taking into consideration the distance from the foreign port where such sale is effected, to the Russian port from which she sailed. If the Consul find that there is any deficiency in the amount paid to the crew he must require compensation for them from the owner, his agent, or the captain. 3. The Consul must give a receipt to the owner or captain stating that he is taking charge of the men and giving the name of the ship, the names of the captain and of the owner, the place from which the ship sailed and her destination, or the name of the person to whom she has been sold. The certificate must also state the amount of money possessed by the men and the sum deposited with the Consul for their maintenance and travelhng expenses, and must certify that they are satisfied with the payments made to them. It must further state how much has been lawfully deducted from their wages and whether they have received the customary certificate of discharge. 4. By giving such a receipt the Consul does not oblige the sailors or the captain to return to the Russian port where they joined the ship, but leaves it open to them to select any other port at their pleasure. 5. The State Consul must mention in his report to the Section of commercial shipping that the above requirements have been fulfilled.! If the owners or the captain secretly and of set purpose leave any member of the crew behind in a foreign country, the Consul must send him to Russia and charge the expense to the owners, who are, in addition, liable to a fine not exceeding double the amount of the ^ Trade Reg., Art. 295. § 226. p. vr., Ch. VI. DISMISSAL AND DISCHARGE. 229 expenses incurred in sending the man home ; and the latter is, more- over, entitled to make a complaint in the ordinary manner before a Russian tribunal. These rules, however, do not apply to sailors on Russian ships who are not Russian subjects.^ The ]\Iaritime Code of Finland contains the following provisions § 227, for the discharge of sailors from ships belonging to Finnish ports. ?^°^"^" A sailor is not, in general, obliged to proceed with a vessel for qj seamen, more than two years from the date of his last signing on. If he wishes to quit the service on the expiration of this period he must demand his discharge, and will then be at liberty to leave his vessel as soon as she arrives at her destination and has discharged her cargo. If expressly engaged for a longer period, he is obliged to fulfil his agree- ment. In no case, however, can he be prevented from claiming his discharge after three years have elapsed from the date of his signing on.^ If he demand his discharge after two or three years' service, the cost of sending him to his native place does not fall upon the owner, unless an express stipulation was made to that effect at the time of his engagement.^ A sailor is at all times to demand his discharge and to annul his § 228. engagement if he is ill-treated or badly fed by the captain, proof of Sale of ship, which must be produced to a magistrate or the Consular Officer. ^^ promo- The same holds good (i) when a vessel is sold to a foreigner, (2) when tion oJ Fin- the sailor is offered an opportunity of procuring an engagement else- ^^^^ seamen, where as pilot or captain, or (3) when he marries, provided, in the last two cases, that he procures a suitable substitute.* The captain is at all times entitled to discharge a sailor, provided he observes the rules as to payment of wages, travelling expenses and compensation for breach of contract. Should he discharge any one of his men in a foreign country, he must make a declaration before the Consul, whose duty it then is to take steps to ensure that the sailor's rights are respected. Should it be proved that the sailor was discharged without adequate reason, the captain is responsible to the owner for all expenses and damages that may result.'^ A seaman when discharged from his ship for misconduct is not § 229. entitled to anything more than the wages due to him up to the day Finnish of his discharge.® The same holds good if the seaman demand his ''"'""°" discharge himself under the circumstances mentioned above and, without having been compelled to do so by any fault of the captain, or by the sale of the vessel to a foreigner, or by any postponement or delay of the voyage on account of war, embargo, blockade, restraint of local authorities, wreck, interruption to navigation by ice, or by any other accident. If at the time of his discharge he has already received, in the form of advances, more than the amount of wages to which he is entitled he cannot be made to refund the balance. If he only engaged for the voyage, the amount due to him must be calculated on the basis of 1 Trade Reg., Art. 297. ^ Maritime Code of Finland, Art. 69. ' Maritime Code of Finland, Art. 78. * Ibid., Art. 70. * Ibid., Art. 71. * See " Disobedience and misconduct of Sailors," Part VI., Chapter 8. 5§ 227, 228, 229. seamen's wages. 230 DISMISSAL AND DISCHARGE. P. vi., Ch. vi. §220. Compensa- tion for discharge of Finnish captains or sailors. the rules contained in Art. 55 of the Maritime Code of Finland, which is as follows^ : — If through any cause whatever the captain is compelled to retire from the command of the ship, any wages or other emoluments due to him must be paid in full either to him or to his lawful heirs or assigns. The amount of such wages and emoluments or gratuities is calculated for the distance traversed in proportion to the total duration of the voyage. If he is relieved of his command without having in any way failed in his duty, or if he is compelled to interrupt his services by reason of war, damage to the vessel or other mishap, or in consequence of sickness which is not owing to any fault of his own, he will, in addition, be entitled to be sent home at the expense or through the influence of the owners and, if he is ill, to be taken care of on shore, during a period not exceeding one month. ^ If the voyage is interrupted or abandoned for reasons other than war, embargo, blockade, the act of Government authorities, ship- wreck, ice or other obstacles or accidents, or if a seaman is discharged without having failed in the performance of his duties, or is given his hberty in consequence of improper treatment on the part of the captain or on account of the sale of the ship to a foreigner, his wages must be paid up to the day on which he receives his discharge and he is entitled to retain any surplus he may have received over the amount due to him and also to compensation for breach of contract. The amount of such compensation is equivalent to one month's wages if the sailor be discharged at a port in Finland or the Baltic Sea or to two, three or four months' wages respectively if he is discharged at any other European or non-European port this side or the other of Cape Horn or of the Cape of Good Hope.^ In cases where sailors are discharged from ships sailing under the Russian flag, at a port where no Russian Consular representative is stationed, Russian Consular representatives in other ports may certify the discharge in the crew Hst, book of wages, or on a separate sheet of paper. In doing so, the Consular representative must be fully aware that the foregoing regulations as to the discharge of sailors from Russian ships have been strictly observed. If this cannot be ascer- tained to the satisfaction of the Consular representative, he has not only the right, but it is his duty to decline to give his attestation to the discharge.* On attesting the correctness of the translations of certificates of the discharge of Russian sailors. Consular Officers must attach to the original the translation legalised by him. Some Consular Officers do not observe this rule, and give to such translations an attestation without mentioning that it is a translation. This practice may lead to abuse. Consuls are also called upon to certify the authenticity of certificates of discharge written in the Discharge Books. ^ Maritime Code of Finland, Art. 72. ^ Ibid., Art. 55. * Ibid., Arts. 56, 73. See also " Death, removal, or change of Captain," Part VI., Chapter 15. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 12th August 1909, No. 11,070. §230. 231 CHAPTER VII.— Wages of Sailors, Fines, &c. Experience has shown that, when sailors for one reason or another § 231. are dissatisfied with their condition on board of a ship, they invariably Postpone- 1 11 1 1, 1 1 - 1 j^ ^1 nient ol final desert as soon as they have secured all the money that is due to them settlement as wages. In order to prevent this, captains of Russian ships are of accounts permitted to postpone final settlement with their men until the return ^'" sailors, of the vessel to a Russian port, where their contract expires. If, therefore, fines are inflicted by the captain on members of the crew, this question will only be of importance at the port where the sailors receive their discharge, except in the case of special permission by the Consular Officer. By giving or refusing permission to discharge sailors the Consular Officer is enabled to exercise a strong influence in the settlement of disputes about fines between the captain and sailors of the crew of his ship. The following regulations must be observed : — On the arrival of a Russian vessel at the port of destination and after safe delivery of the cargo, the master must pay the wages up to date to all those of his men who during the voyage have performed their duties zealously, obediently, and satisfactorily. If any one of them is idle, disobedient, or in any w'ay unsatisfactory, or of bad behaviour, or is suspected of an intention to desert, the master is entitled to withhold his pay for one month. ^ The captain pays the men the wages due to them out of the sums received by him as freight on the ship's cargo.- If the ship or cargo is lost, burnt, or otherwise destro\'ed before the crew have received all the wages due to them, such wages cannot be recovered b3' them.^ In all other cases, even of confiscation of the ship, none of the crew can be deprived of their pay except in conse- quence of misconduct.* If one of the crew appears to be unfit for the duties he undertook to fulfil, the master of the ship is at liberty to retain his wages till the arrival of the ship at a port, and must then report the matter to the authorities, giving proofs of the man's incapacity ; but during the voyage the man must fulfil his duties as far as possible — in return for his food or whatever remuneration the master decides upon.^ The Maritime Code of Finland contains the following provisions relating to the wages of captains and sailors serving on Finnish ships : — Every seaman is entitled, when entering upon his duties, to an advance of pay equivalent to one month's wages, or, if he is engaged for the voyage, to one fourth of the total amount of his wages. In addition, every time he arrives at a port where more than one half of the cargo is discharged he is entitled to an equal sum, provided that the sums advanced do not exceed the wages due to him. The monthly payments are calculated from the day on which the seaman signs articles, except when otherwise expressly stipulated, and are §232. Captain per- mitted to withhold sailor's wages for one month. §233. Sailors' wages can- not be re- covered if ship is lost. § 234. Incapacity of sailors. § 235. Finland. Sailors' wages. > Trade Reg., Art. 280. * Ibid.. Art. 284. » Ibid.. Art. 285. * Ibid., Art. 286. « Ibid.. Art. 287. §§ 231, 232, 233. 234, 235. 232 WAGES OF SAILORS, FINES, &c. P. vi., Ch. vii. due for the whole period of service up to the day on which he receives his discharge, any uncompleted month being reckoned as a month.^ If the number of a ship's crew be reduced through death, desertion, or any other cause, and the remaining members of the crew fulfil all the duties necessary for the safe navigation of the ship, they are entitled to share the pay of the absent members of the crew for the whole period during which they do such extra work.^ If during a prolonged voyage a seaman acquires sufficient experi- ence and ability to be able to make himself useful in an employment that is better paid than the one for which he was originally engaged, his wages are to be increased in proportion.^ The Finnish Regulations for the captains and crew of merchant ships of the year 1878 (Ch. III., Art. 3) provide that a Finnish sea- man refusing to do his duty while on a voyage, and thereby preventing the captain from prosecuting the voyage to the end and compelling him to go out of his way or return to the detriment of the interests of the shipowner and the owner of the cargo, shall forfeit all right to any wages that may be due to him and be liable in addition to imprisonment and even corporal punishment according to the gravity of the case. §236. Disobedience, mutiny, or violence of Russian sailors. CHAPTER VIII. — Disobedience, Mutiny, or Violence ON THE Part of Sailors. If, while at sea, any member of the crew is guilty of flagrant dis- obedience to the captain in connection with his duties, he is punished with imprisonment for a period of from 7 days to 3 months, if the case is a serious one. On arrival at the port of destination, if in Russia, the captain must lodge a complaint against the offender in the usual way, or if abroad, the complaint must be brought before the notice of the Russian Consul.* Any Russian seaman committing murder or assault, or inflicting wounds, or committing theft or any other criminal offence, must be put under guard until he can be handed over to the proper authorities. If such cases occur while the ship is in foreign waters, the local authorities are competent to deal with them, but if they occur on the high seas the criminal is handed over by the captain at the next port of call, either to the Russian authorities or to the Russian Consul if at a foreign port. The Consul must arrange to have the man sent for trial to Russia on board of a Russian ship. Before doing so he must carefully investigate the matter and take the depositions, a legalised copy of which must be sent to the II. Department of the Ministry of Foreign Affairs.'^ 236. ^ Maritime Code of Finland, Art. 59. ^ Ibid., Art. 77. * Russian Penal Code, Art. 1261, continuation 1912. ^ Cons. Reg., Art. loi. * Ihid.. Art. p. VI., Ch. VIII. DISOBEDIENCE, MUTINY. &c. 233 The Maritime Code of Finland contains the following provisions § 237, relating to disobedience and misconduct on the part of sailors serving djence, on board of vessels belonging to Finnish ports : — mutiny, or If, during the term of his service, a sailor prove negligent, dis- pj^^^?^® °* obedient, quarrelsome, careless with fire, or addicted to drink, the sailors, captain, after having endeavoured without success to correct his conduct by warning him, shall hold an inquiry in the presence of the crew, and shall enter in the log a memorandum signed by two witnesses. He shall then condemn the culprit, according to the nature of the offence, either to arrest for a period not exceeding eight days, on full or half rations, or to a fine, which is to be handed to the seamen's home at the town where the culprit is domiciled. The fine may not exceed one-fourth part of his monthly wage, or the corre- sponding portion of his pay if he is engaged by the voyage. If he is again guilty of the same misconduct, or neglects his duties either in navigating the vessel or on watch or look-out, and such misconduct requires summary punishment, the captain may order him to suffer moderate corporal chastisement in the presence of witnesses. This chastisement must be applied with all necessary precautions : a memorandum must be made in the log of the punishment and of the misconduct for which it was inflicted, and must be signed by two witnesses, and be read to the culprit in the presence of the rest of the crew.^ If the crime or misconduct committed by a seaman during the voyage be of a particularly grave character, the captain must, on returning to Finland, make appUcation to a magistrate, in order to have the case tried before a court. If it be considered necessary, for the safety of the vessel and of the persons on board, to confine the culprit, the captain must cause him to be imprisoned until such time as he is able to surrender him to the Finnish authorities or, if in a foreign country, to the Consul.* A seaman who is refractory or who offers forcible resistance to the captain is hable to a fine of from five to 500 marks or to imprison- ment for from one to six months. If the act of insubordination occurs at a time when the vessel is in danger of shipwreck, capture by an enemy, or any other peril, the punishment is from two to twelve months' penal servitude. In the case of disobedience to the pilot, when he is not acting for the captain, the culprit is hable to a fine of from 10 to 300 marks. ^ Members of a ship's crew who are found guilty of conspiring to refuse to obey the captain's orders are hable to from two to six years' penal servitude. If important extenuating circumstances exist, the term may be reduced to six months. The same penalty is infhcted on seamen who are convicted of having acted together, even when such united action is not preconcerted, to compel the captain to take or not to take any measure within the scope of his authority. A seaman who has been convicted of resorting to violence or menace against the captain or any other person with the object of seizing the vessel, her tackle, apparel or furniture, or any part whatever of her Maritime Code of Finland, Art. 62. - Ibid., Art. 63. » Ibid., Art. 64. §237. 234 DISOBEDIENCE, MUTINY, &c. P. vi., Ch. 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 lo 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.^ CHAPTER IX. -Disputes between Captains and THEIR Crews. §238. Disputes between captains and crews. Jurisdiction of Consular Officers. §239. Engage- ment by captain oi a sailor be- longing to another ship. §240. Neglect to draw up written contracts with crews. §241. Engaging men with- out certifi- cates. §242. Unlawful discharge of sailors, and neglect to repatriate them. Cases of disputes between captains and their crews or disagreements with the owners of Russian ships, must, if the parties are wilhng, 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, 1235, 1240, 1242, 1245, 1252, 1253, 1259, 1260, 1261, 1266, 1270, 1271, 1273, and 1274 of the Russian Penal Code.^ 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 hable 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 obhged 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 hable 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 Regu- lations and without a lawful written agreement, is hable 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 hable, in addition to having to compensate the man for all losses sustained by him and being obhged 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. p. VI., Ch. IX. DISPUTES BETWEEN CAPTAINS, &c. 235 double the amount that is necessary to send the man home. The same fine is inflicted on any captain neglecting, on the sale of his vessel at a foreign port, to send those of his crew who are Russian subjects and who signed articles in Russia, back to that country at the owner's expense, and to pay them their wages in full up to the time of their presumptive arrival at their destination, unless the men themselves express their desire, before the local Russian Consul, to join another Russian ship. Art. 1242. — The master of a Russian vessel who without good >^ 243. reason neglects to remove the bilge or other waste water from his Negligence ° , , ., , - . on the part ship, or neglects to employ pilots where necessary, or, employing of the cap- them, does not obey their instructions or advice, or, when the vessel tain. is in port, permits more than one-half of the crew to be on shore at a time, or neglects to appoint a sufficient watch, or to see that the crew perform their allotted tasks, or fails to take the necessary pre- cautions against fire, or is guilty of carelessness or neghgence resulting in damage or accident to the vessel, her tackle, apparel, and furniture, or to the cargo, is liable for the first offence to a severe reprimand, and, for the second, to the suspension of his certificate for a period of from two to three j^ears, in addition to making good whatever loss or damage may have resulted from such carelessness or neghgence. Art. 1245. — Any captain of a Russian ship refusing, without § 244. adequate reason, to pay the wages due to members of the crew, or Refusal of refusing to discharge them, or to give certificates of discharge to to^discharge those entitled to them, is liable, in addition to the obhgation to seamen or compensate and reimburse them for losses they may incur through *° p^^ them the delay, to a fine not exceeding 10 roubles. Art. 1252. — A chief officer (first mate) of a vessel failing in the § 245. proper performance of his duties, or neglecting to keep the other Neglect of members of the crew in order, is liable, according to the gravity of chief officer, the offence, to a fine not exceeding the amount of one month's wages, and may, in addition, be compehed to make good his share of any damage done to the ship, her tackle, apparel or furniture, or to the cargo. Art. 1253. — The chief officer (first mate) of a Russian vessel § 246. neglecting to post the ship's log-book in a proper manner, whether Neglect of in harbour or on the high seas, is liable to a fine not exceeding 25 roubles. ing the ship. Art. 1259. — Any member of the crew whose duty it is to measure § 247 the water in the ship's hold, and take the necessary steps to have SailoK bal.- it baled out, will be liable, for neglecting these duties, to a fine equivalent to not exceeding two days' wages. He is also liable, in addition to making good any damage which may have resulted through his neghgence, to four to eight months' imprisonment. Art. 1260. — Members of the crew who are slow or inefficient in § 248. the performance of their duties, and thereby endanger the safety of Eg faf etv' the vessel or cargo, are hable to a fine not exceeding the amount of of vessel. one month's wages. §§ 243, 244, 245, 246, 247, 248. 236 DISPUTES BETWEEN CAPTAINS, &c. P. vi.. Ch. ix. § 249. Insubordi- nation. § 250. Malinger- ing. § 251. Absence without leave. §252. Desertion. § 253. Use of ship's boats with- out per- mission. § 254. Gambling. §255. Crimes and misde- meanours on board Russian vessels. §§ 249, 250, 251, 252, 253, 254, 255. Art. 1261. — For insubordination or disobedience to the captain while at sea seamen are hable if the case is more serious to be punished with imprisonment from seven days to three months. Art. 1266. — Mahngering or hiding with the intention of evading the duties of the watch, or falhng asleep, or being drunk while on duty, is punishable by a fine equivalent to one day's pay, which is made over to the men performing the offender's duty. Art. 1270. — Any member of the crew of a Russian vessel absent- ing himself from his ship without the knowledge or consent of the master, mate or boatswain for a day or night, is liable to forfeit two full days' pay for the benefit of the person or persons performing his duties in his absence, and to make good any damages that may result to the ship or cargo. Art. 1271. — A member of the crew of a Russian vessel deserting or refusing to sail with her is liable, after three days have elapsed from the time of such desertion or refusal, to forfeit the whole of the wages due to him and all personal property he may have on board for the benefit of the captain of the ship. If the desertion occurs abroad and the master is obUged to engage another man in the deserter's place, the latter is liable for all extra payments that may be necessary in consequence. He may, further, at the instance of the master, be prosecuted for such desertion or disobedience to orders, and, if con- victed, will be liable to imprisonment for from seven days to three weeks for disobedience, and from two to four months for desertion. Art. 1273. — Any seaman employed on board a Russian vessel who, without permission of the ship's officers, shall use the ship's boats, is liable to a fine equivalent to one week's wages for the first offence and two weeks' wages for the second. Art. 1274. — Any member of the crew of a Russian vessel detected gambling with cards or dice while on board is liable to forfeit one day's pay for the first offence, two days' pay for the second, and three days' pay for the third offence. The graver crimes or misdemeanours, defined in Part V., Chapter XIII., Section viii. of the Russian Penal Code, if committed on the high seas, can only be dealt with by the tribunals of the Empire. These are — Endangering the safety of the ship (Svod Zakonov, Vol. XV. Ed. 1885, Art. 1203, 1221, 1222, 1257, 1258) ; hindering the rescue of shipwrecked sailors (Art. 1207) ; faihng to assist the rescue of drowning sailors, except if the rescuer would have been in danger of losing his own hfe in the attempt (Art. 1208) ; robbery, or the appropriation or concealment of property belonging to shipwrecked vessels (Art. 1210) ; engaging men without properly written agree- ments (Art. 1213) ; altering the name of the ship without authority to do so (Art. 1 2 14) ; selling the ship abroad without the knowledge and consent of the local Russian Consul, or faihng to hand the ship's papers over to him (Art. 1216) ; sailing with a false flag-patent or procuring a flag-patent by fraud or forgery (Art. 12 17) ; desertion of the ship by the captain (Arts. 1223, 1224, 1225) ; neglect by the captain of the necessary precautions for the safety of the ship or cargo (Art. 1227) ; withdrawing the ship without permission from the p. VI., Ch. IX. DISPUTES BETWEEN CAPTAINS, &c. 237 protection of a man-of-war when under convoy (Arts. 1228, 1229) ; procuring stores or provisions from another ship by force (Art. 1230) ; enrolling men without proper passports or certificates of identity (Art. 1231) ; conniving at the escape of any person who has committed a crime on board ship (Art. 1236) ; failing to provide the crew with a sufficient quantity of food or supplying food unfit for consumption (Art. 1237) ; jettisoning any of the cargo without urgent necessity, or wilfully altering the course of the ship, unless driven to do so by stress of weather (Art. 1238) ; making a false declaration as to damages sustained by the ship or cargo (Art. 1239) '> leaving one of the crew behind (Art. 1241) ; mutiny or violence on the part of the crew, with the object of depriving the captain of his command (Art. 1262) ; insub- ordination (Art. 1263) ; wilful damage to the ship, her tackle, apparel, furniture or provisions or to the cargo (Arts. 1257, 1265) ; refusal to defend the ship against the attacks of enemies, pirates, thieves, &c. (Arts. 1267, 1269) ; refusal to assist in extinguishing a fire on board ship (Art. 1268) ; theft of property from the ship (Art. 1264). In such cases the Consul only acts as examining magistrate : examining the crew on oath, and estabhshing all the circumstances of the case. The prisoner must be sent to Russia on the first oppor- tunity in a Russian vessel ; if possible, a ship of war. A certified copy of the depositions is forwarded to the II. Department of the Ministry of Foreign Affairs. These Articles of the Russian Penal Code do not apply to differences, crimes, or misdemeanours on board of Finnish ships. In such cases the Consul must comply with the Finnish regulations in force. ^ Differences between Russian sailors must be settled by the local State or Elective Consular Officer. If any of the parties desire the presence of the State Consul of the district, they are, of course, entitled to have their wish gratified, provided the State Consul is able to leave the place of his residence. The expenses are borne by the persons requiring the Consul's presence, in accordance with Art. 37 of the Consular Tariff. On the 6th September 1896, one of the crew of the steamer " Yaroslav," belonging to the Russian Volunteer Fleet and then lying at Colombo, was severely wounded in a quarrel with another sailor belonging to the same ship. The captain of the ship applied to the local Vice-Consul requesting him to hold an enquiry into the affair, but the latter refused to do so on the grounds that Art. loi of the Consular Regulations provides that the Consul is only com- petent to deal with crimes committed on the high seas, and that the local British tribunal was exclusively competent to deal with the case. This view was confirmed by the Ministry of Foreign Affairs. If it be proved that a sailor on board of a Russian merchant vessel is unjustly treated by the captain or any other superior officer, the Consul must see that justice is done to him.^ It is the Consul's duty to see that order is maintained on board Russian vessels and to enquire into all differences and disputes between §256. Crimes on board of Finnish ships. § 257. Differences between members of crews of Russian ships. § 258. Case of the steamer " Yaroslav.' ^ Cons. Reg., Art. 101. * Ibid., Art. 8. §259. Unjust treatment of sailors. §§ 256, 257, ' 258, 259. 238 DISPUTES BETWEEN CAPTAINS, &c. P. vi., Ch. ix. § 260. Case of the steamer " Alci- biades " at Eertch. §261. France. §262. Great Britain. §263. Case o£ the Russian ship " Anna " at South Shields. captains and their crews, unless the contrary is provided for by local law, though he can do so even if contrary to local law, provided the right is conceded to Consular Officers in virtue of special conventions or treaties. If, however, the disorder is of a nature to interfere with the pubhc tranquilhty, or if any person not a member of the crew is implicated in it, the local authorities are entitled to interfere. Offences and crimes committed under these circumstances are within the jurisdiction of the local tribunals.^ This rule of the Consular Regulations has been more definitely expressed in a decision given by the Penal Department of Cassation of the Imperial Senate of the 2nd November 1872, No. 1,329, in the case of the Greek subject, Svaelos, accused of having caused the death of another Greek subject on board the Greek merchant vessel " Alcibiades " while lying in the roads at Kertch. The Senate found that according to Art. 170 of the Penal Code, any foreigner com- mitting a crime in Russia is subject to Russian law, whether the offence be committed against a native or a subject of the State to which the offender belongs. This principle, however, cannot be appHed in all strictness to offences committed on board of foreign ships by and against persons belonging to the crews of such ships, as the relation of the members of the crew of a ship lying in the territorial waters of a State cannot be considered as identical with those of foreigners residing in the territory of that State. Offences against discipline or neglect of duty on the part of seamen are, therefore, in all cases, to be settled on board the ship, and in accordance with the laws of the State to which she belongs. Ordinary crimes, on the other hand, if committed on board ship, can only be regarded as being exempt from the jurisdiction of the local authorities, if there has been no disturbance of the pubhc peace, if the master or the sufferer does not desire the protection or assistance of the authorities, or if the Diplo- matic or Consular Officer of the district proposes to send the culprit for trial to his own country. The same principle exists in France, where crimes and offences committed by members of the crews of merchant vessels against each other and which in no way concern any local subject, are not within the competency of the local tribunals. On the other hand, if local subjects are in any way concerned in the crime, or if the safety or tranquilhty of the port is thereby endangered, the local police and judicial authorities are entitled to interfere, without any reference to the nationality of the persons concerned. In Great Britain all crimes against the Penal Laws committed on board of foreign merchant vessels are subject to the local tribunals. This is not always taken into consideration by British magis- trates. On the 29th December 1903, the captain of the Russian barque " Anna," then lying at South Shields, reported to the Russian Consulate at Newcastle-upon-Tyne that he had, on the previous night, been assaulted by three of his crew, who attacked him with such violence that he became unconscious. He desired that the 260, 261, 262, 263. Cons. Reg., Art. 104. p. VI., Ch. IX. DISPUTES BETWEEN CAPTAINS. &c. 239 men might be arrested and brought before the local magistrates. His request was compHed with, and on December 31st the three sailors appeared before the South Shields Police Court. The Mayor was on the bench. It was decided to give the men in charge of the Russian Consul, " as, the offence having been committed on a Russian vessel, it was really on Russian territory," and to have them sent back to Russia for punishment. This decision was contrary to the interests of the shipowners of the " Anna," who would have to pay for the custody of the men till there was a chance of sending them to Russia on board of a Russian vessel, such occasions being rare in winter time. It was contrary even to the interest of the defendants, who would thus have lost much more time than if punished imme- diately ; for, on coming out of prison, they might have found employment on another vessel or the Consul might have sent them back to Russia. It was unsatisfactory for the Consulate, as it had supported the request of the captain that the men should be punished by the local magistrates. It is only warships that have the privilege of exterritoriality in foreign waters — merchant ships are not entitled to it under any circumstances. In such cases. Consular Officers are required to comply as strictly as possible with the terms of existing State treaties. The treaties of commerce and navigation concluded by Russia with Greece on the 12th June 1850 (Art. 8) and with the United States of America on the 6th/i8th December 1832 (Art. 8) stipulate, that " Consuls, Vice-Consuls and commercial agents have the right to act as judges and arbiters in disputes between captains and crews of vessels belonging to the nation whose interests they represent, without the right of interference on the part of the local authorities, provided there is no public disturbance of the peace, or that the assistance of the authorities is not desired by the Consular or com- mercial officer ; to insure the proper maintenance or execution of his decision. Such judgments or decisions of Consular Officers do not, of course, preclude the parties concerned from appeahng to the tribunals of their own country on their return." The treaty of commerce and navigation concluded between Russia and Austria on the 2nd/i4th September i860 is on the same fines. According to Art. 17, paragraph 2, of this treaty, the Consuls-General, Consuls, Vice-Consuls, and Consular and commercial agents of the contracting parties shall not be hindered or opposed in the execution of the duties entrusted to them by their governments as arbiters between subjects of their own country, or as judges of differences originating on board ships belonging to that country within their districts, except when local law requires the co-operation of the magistrates or police. In fike manner the Consular treaties between Russia and France of the 20th March/ist April 1874, Art. 11 ; Russia and Germany of the 26th November/8th December 1874, Art. 11 ; Russia and Italy of the i6th/28th April 1875, Art. 11 ; and Russia and Spain of the iith/23rd February 1876, Art. 11, provide that the Consuls, Vice- Consuls, or Consular Agents shall have the right of exclusive super- vision of the internal order on board ships belonging to the nation §264, Greece, United States. § 265, Austria. France, Ger- many, Italy, Spain. §§ 264, 265. 240 DISPUTES BETWEEN CAPTAINS, &c. P. vi., Ch. ix. § 266. Nether- lands, Bel- gium, Great Britain, § 267. Peru, Denmark, Japan. § 268. Case of the ship. " Michael." 5§ 266, 267, 268. whose interests they represent, and that, therefore, they are them- selves entitled to investigate and give their decision in any quarrels which may arise between the captains and crews of such vessels, especially those relating to their wages and duties and the terms of their agreements. The local authorities only interfere if the dis- order on board a ship occasion a disturbance of the pubHc order and peace on shore, or if natives or any other persons not belonging to the ship are imphcated in the affair. In all other cases the actions of the local authorities are limited to giving the necessary assistance to the Consular Officer, with a view to effecting the arrest of the persons concerned and of conveying them on board or taking charge of them on shore as may be most expedient in the opinion of the Consular Officer. If it is desired that the arrested person be kept in custody, timely information to that effect must be given by the Consular Officer to the proper court of law. The question of investigation and adjudication of differences and disputes between sailors is dealt with indirectly in the treaties of commerce and navigation concluded by Russia with the Nether- lands on the ist/i3th September 1846, Art. 14, paragraph i ; with Belgium on the 28th May/gth June 1858, Art. 17 ; with Great Britain on the 31st December l858/i2th January 1859 '> ^^^i^h Peru on the 4th/i6th May 1874, Art. 20, paragraph 2 ; with Denmark on the 28th February/i2th March 1895, Art. 10 ; with Japan on the 27th May 1895, Art. 15, paragraph 3, which grant to Consular Officers of the contracting parties the rights and privileges of Consular Officers of the most-favoured nation. It is very much to be regretted that the aforesaid State conven- tions are not sufficiently explicit to render all doubts impossible in Consular practice as to what quarrels and disputes are to be decided by the Consular Officer, without interference on the part of the local authorities. Thus differences often aiise as to the interpretation of existing State treaties regarding disputes on board of foreign vessels. In the year 1902, a dispute occurred between the captain and crew of the Russian steamer " Michael," then lying at Dundee, as to payment of wages and certain other matters of a disciplinary character. Some of the men appealed to the local sheriff, who placed an arrest on the steamer with a view to obtaining satisfaction for them. The local Elective Vice-Consul, whose intervention the men had declined to accept, then communicated with the State Consul at Newcastle-upon- Tyne, to whom he is subordinate. The latter was instructed by the Imperial Embassy at London to proceed to Dundee and investigate the matter. It is obvious that the crew of the " Michael " were under obhgation to abide by the terms of their contract and to obey the prescriptions of the Russian law as to discipline on board of Russian vessels, and that, on the other hand, the sheriff being alike ignorant of Russian law and the Russian language, could hardly judge a ques- tion which wholly turned on those laws. The local Elective Vice- Consul, instructed by the State Consul at Newcastle-upon-Tyne, was, therefore, the only competent judge in the matter, particularly in view of the "most-favoured nation" clause previously referred to. The representations of the Newcastle State Consul to the above effect and p. VI., Ch. IX. DISPUTES BETWEEN CAPTAINS, &c. 241 his request that the "Michael " be freed from arrest were not, however, productive of the desired result, and the only course left to him in order to escape the interference of the sheriff, was to induce the men to submit to his authority, and, after investigating and setthng the several disputes, to persuade them to withdraw their claims from the sheriff's court, whereupon the "Michael" was released from arrest. Another case occurred at Pensacola with the Finnish ship " Alkukvi," which was arrested by the local law court on account of a claim for wages by one of the men. The local Vice-Consul protested, relying on Art. 8 of the Russo-American Treaty of 1832 already referred to. The local American court rephed that, the claimant having left the ship and being then on American soil, he was under the protection of American laws. According to this interpretation every deserter from a Russian ship, when in the territory of the United States, would be at hbertv to break the terms of his contract, and the provisions of the Treaty of 1832 would be rendered a dead letter by the act of deser- tion, which is, in itself, unlawful. The American court was ultimately convinced of its error and released the ship. It is clear that all cases of disputes and misunderstandings between the masters and seamen on board Russian vessels can only be settled by Russian Consular Officers in accordance with Russian law. Agree- ments between captains of Russian vessels and their crews are, therefore, equally binding on the parties whether in Russian or foreign waters. vSuch cases must be settled by the competent State or Elective Russian Consular Officer, in accordance with the Trade and Consular Regula- tions of the Russian Empire and the Finnish Maritime Code, account being taken of the provisions of special agreements between the parties. Russian seamen are only entitled to apply to local tribunals at ports where there are no Russian Consular Officials. In the event of members of the crew of a Russian ship applying to the local authorities at a port where there is a Russian Elective Consular Official, the latter is required to report the matter to his State Consul. If no special rule of procedure is provided for in such cases by State Conventions, the local authorities may comply with the request of foreign sailors to settle their disputes, but, in doing so, they are bound to respect the stipulations of the contract between the captain and the crew, as of a lawfully concluded agreement which is equally binding on the parties whether at home or abroad. If the agreement is couched in general terms, such as " according to the laws of Russia," and if the local authorities apply to the Russian Consular Officer for information as to the stipulations of Russian law, such infor- mation may be supphed by him. It is the duty of the Consul to see that any Russian subject when arrested is treated with humanity, is properly defended and impartially judged, and that his ship is not delayed.^ The Finnish Regulations contain special provisions as to the competency of foreign courts of law. Thus, Art. 6 of the Finnish Regulations for captains and crews of merchant vessels of the 30th March 1848 provides that, "If while on a voyage 'a dispute occur §289. Case of the Finnish ship " Alkukvi." §270. Disputes on board of Finnish vessels. ^ Cons. Reg., Art. 104. §§ 269, 270. 242 DISPUTES BETWEEN CAPTAINS, S-c. P. vi., Ch. ix. between the captain and the crew of a Finnish vessel, whether on sea or on shore, neither party is permitted to apply to a foreign law court, but is obliged to wait for the settlement of all claims until the arrival of the ship at a Finnish port." Anyone infringing this rule is hable to forfeit any balance of wages due to him, and the decision of the foreign court will be declared null and void. The captain is not, however, prohibited from procuring the assistance of the local author- ities abroad in cases of insubordination or mutiny of his crew, if he is not able to bring them back to their duties by the ordinary means. On the same lines, the Finnish Maritime Code, Art. 63, provides that in the event of a crime or offence of any magnitude being com- mitted against the penal laws by a member of the crew of a Finnish ship, the captain must report the matter immediately on his arrival to a competent Finnish tribunal. At the same time, if the crime is sufficiently serious, or the safety of the ship renders it necessary, the captain is entitled to keep the man under arrest until such time as it is possible to hand him over either to the authorities in Finland or to a Russian Consular Officer abroad. Differences between Consular Officers and Russian subjects, such as sailors, merchants, &c., in relation to actions performed by them in the course of their Consular duties, must be referred to the Imperial Legation accredited to the country in which the particular Consular Officer resides, and to the Russian Ministry of Foreign Affairs.^ CHAPTER X.— Sailors' Rations. § 271. The captain must supply each member of the crew with daily rations Sailors' consisting of a sufficient quantity of food and fresh water, and the crew on their part have no right to demand more for each individual per day than the rations fixed according to the following scale {see p. 244) for sailors on board of Imperial men-of-war. ^ In the event of the captain being, for some good reason, unable to procure any of the articles in the above scale, he is at liberty, with the consent of the crew, to substitute something similar.^ The captain of a ship is not permitted to reduce the rations except in exceptional circumstances. If, in consequence of unfavourable winds or other unforeseen circumstances, the captain is compelled to reduce the rations, he can only do so with the consent of the chief mate, boatswain, carpenter, and the oldest or most efficient seaman. On arrival in port he must pay the men the difference in money.'* If on arrival in port the captain is able to procure fresh meat, vegetables and fruit at a moderate cost, he should supply the crew with them at least three or four times a week ; but the crew are not entitled to demand such food, especially if it is at all expensive at the port in question.'' 1 Cons. Reg., Art. 106. - Trade Reg., Art. 276. ^ Ibid.. Art. 277. * Ibid., Art. 278. * Ibid., Art. 279. 5 271. p. VI., Ch. X. SAILORS' RATIONS. 243 In case of dissatisfaction on the part of the crew, either with the quahty or the quantity of the food supplied to them, they must report the matter to the captain. Even if he fails to give them satisfaction, they must continue to obey orders and fulfil their duties until their destination is reached. On arrival they should lodge a complaint with the Consul, whose duty it will be to carefully inve-.tigate the matter and give his decision. If it appears that the victuals have, in fact, been deficient, either as to quantity or quality, the captain must compensate the men by a money payment.^ The Maritime Code of Finland (Art. 42) provides further, that if Finland, the rations have been reduced through scarcity during a voyage, such reduction must be made up for by a money payment, when the final settlement of the crew's wages is made. 1 Trade Reg.. Art. 268. §271. 244 SAILORS' RATIONS. P. VI., Ch. X. c o 1 c 3 1 "2 (/>o rt o 3 M " ° " 2 ' vn-S. " '*"*' ■«■ « N N t^ M O 1 1 1 Si •T3 . 3 g o N--- --->, N-:: ;: « f^^oo OO o-^ N ^ ' CO lovo M w »n ^^1 1 ^^:!,:1 III II M CO 1 1 1 "2 C/5 •IBJOX •z. H O -1 O N t^ N M M tTOOVO « -"l- M •jaddns U r M r" 1 1 I 1 1 II Ml •jaoniQ ?ii2i ^1 r-^-i II II III ■}SE}2tB9ia 1 ' 1 ^ I , 1 M I I 1 I li I I 1 ■lEJOX C-1 ^ O CT\ OrO'^H in O^N -^tv (^ N M M -^OO "O "-" •jsddns I ?! i;c> I I r" 1 1 II 1 II 111 •jsunig ?:. 1 2 1 ^11 """""^' 111 II III •}SBJJlE3jg 1 I 1 "^ 1 1 I 1 1 1 1 1 1 II 1 1 1 ■a 3 H •IBJOX rs. N M W TfOO o C'^-M ■jaddng ui^ 1 1 Ti 11 1 1 II I I 1 ■jauuiQ fl I 2 I ^11 """^" III II MI ■jsEjJiBSJa M I* t ! M M I I I M 1 I 1 c •[fjox W«OOv Orn>:l-w u-tC^M •'d-r^ t>N W iH w '•i-OO vO -■-" uaddns 1 s 1 :^ M 1'"' 1 1 1 1 1 M ill •J3UUIQ ?:.i 2 I ^1 l"'^"-'l II 11 1 1 1 •}SB}>tBaja 1 II ^ II 11 II I M II 1 1 I >• a •a 3 H i^-nox (% CJ M M -*f CO VJO --- uaddng u r 1 1 r "■ 11 1 M II 11 1 ■jauuiQ fi 1 2 1 5-11 "'"'"^' 111 11 11 1 •}SBJ>lB3jg 11 1 -^ II 1 11 II M 11 11 1 n C o "lEJOX ^s. (N M M Tt-co vo M ■* M uaddng u- r 11 r^ I I 1 1 M Ml •JOtlUIQ Rl 2 I ^1 r""-l M 11 Ml •JSBpiESJa I 1! * II 1 M 11 I 1 11 Ml •lEJox (N^ W M M -^oo VO «'^-M •joddns M! 1 ^ 11 T" 1 11 II II 111 •jauiita Jil2I ^1 j'^^-I M 11 111 •lSE}>jcojg 11 1 * 11 li 1 M M II 111 • ■ • '-S ^ «g^ . . . .- i^ll^ yi^-"'ja' ' 'o^' '(CS-o tie'-' " K n is .5 .ll'l a c c „ '-J . — . S S eoc^ S-&pq>rjSf-.(^H 'dBos §271. 245 CHAPTER XL— Deserters. The duties of Russian Consular Officers, with regard to deserters from Russian or Finnish ships, depend upon whether the desertion takes place from a man-of-war or from a merchant vessel. If one of the crew of a Russian man-of-war, having left his ship, report himself of his own accord at a Russian Consulate within three days, the Consular Officer must give him a certificate stating that he has so reported himself, and communicate the particulars of the case to the Ministry of Marine.^ If the desertion is from a merchant vessel, the Consul must report to the Central Board of Commercial Shipping and Ports or the Governor-General of Finland. ^ In the case of a deserter of foreign nationality, the Consul must endeavour to induce him to return to his duties, either through the intervention of the Consular representative of the nation to which he belongs, or through the local authorities. In the event of refusal on the part of the local authorities to co-operate with him, the Consular Officer should lodge a protest with them in a proper manner, and report to his immediate superior. ^ The degree of liability of a deserter from a Russian ship of war is fixed by military law, and that of a deserter from a Russian merchant vessel by Art. 1271 of the Russian Penal Code, according to which, persons serving on board of Russian merchant vessels and refusing wilfuUy, and without sufficient reason, to perform the duties for which they were engaged, are liable, on complaint being formally made by the captain, to imprisonment for not less than seven da^'S, and not more than three weeks ; while for desertion the punishment fixed by the same law is imprisonment for a period of from two to four months. If no complaint is made by the captain, the deserter is not prosecuted in Russia. In order to discourage desertion on the part of Russian sailors, captains of Russian vessels should not omit to lodge complaints with the competent Russian Courts, and Consular Officers are recommended to urge upon them the advisability of so doing in every case of desertion. In each case captains are obliged to present the passports of men who have deserted from their ships to the local Russian Consular Officer, with particulars about the place and date of desertion. Such passports must be sent to the Russian Section of Commercial Ship- ping so as to enable the section to inform the Governors of the pro- vinces, and also the shipping offiices, so that they may enter the names of the deserters in the lists drawn up to that effect.'* Elective Con- sular Officers must send these passports to the State Consul to whom the Elective Consuls are subordinate. Any sailor or other person employed on board of a Russian ship and wilfully absconding therefrom, or refusing to sail with her with- out first procuring his lawful discharge, forfeits to the owners of the said ship all wages due to him and also any personal property that §272. Deserters from Russian ships of war. s^ 273. Deserters from Russian merchant vessels. 1 Cons. Reg., Art. 37. " Ibid., Art. 83. ^ Ibid., Art. 39. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 20th May 1908, No. 6300. §§ 272, 273 246 DESERTERS. P. VI., Ch. XI. §274. Deserters reporting to Consular Officers. may be on board the vessel 72 hours after he leaves the ship or declares his refusal to sail with her. If such refusal or desertion occur while the ship is in foreign waters, and the captain is forced to engage a substitute, the deserter will be obhged to make good any balance of wages which it may be necessary to pay to such substitute in excess of the amount contracted for by the deserter.^ On receipt of a cap- tain's report of the desertion of one of his crew, or of any acts of vio- lence or insubordination on the part of members thereof, the Consular Officer must proceed to make a careful investigation into all the cir- cumstances of the case and lend his aid to the captain, in order to induce the men to return to their duties. If the sailors obstinately refuse to pay any attention to the representations of the Consular Officer and refuse to return to their duties, they forfeit the right to be sent home at the expense of the owner of the ship, and Elective Consular Ofhcers must, accordingly, send them to Russia as opportunity offers, with the help of the local authorities, as sailors on board of Russian men-of-war or merchant vessels, reporting the matter to their State Consuls, who, in their turn, report to the Central Board of Commercial Shipping and Ports, or to the Governor-General of Finland. ^ Deserters from Russian men-of-war or merchant vessels who report themselves at Russian Consulates and confess to having ab- sconded from their ships, at the same time petitioning to be sent back to Russia, are entitled to assistance from the Consular Officer, who, in such cases, must make sure that the men do actually return to Russia by placing them, if possible, on board of Russian or Finnish ships proceeding to ports in Russia or Finland, at the same time addressing an official letter to the captain containing all particulars relating to each man, viz., that he presented himself at the Consulate and declared his name to be (name, patronymic, and surname) ; that he belongs to the Government of , district of , or town of ; that he left Russia in the ship (state name and nationahty of ship) on the (give the date) ; that he deserted at (name the port), and that he now desires to be sent back to Russia. The Consular letter to the captain must contain instructions to the latter to take charge of the man, and to dehver him to the authorities on arrival of the ship at the first Russian port. The captain is re- quired to give a written acknowledgment of the Commission, a copy of which, certified by the Consul, must be annexed to the Consular report of the case. This Consular letter is equivalent to a passport, and must be produced to the authorities at the Russian port imme- diately on arrival of the vessel there. It must be borne in mind, however, that captains of Russian ships cannot be compelled to re- patriate deserters, and that their doing so depends on their goodwill and the accommodation they may have on board. In Consular practice it is easy to find out if a sailor, who is apply- ing to a Consul, is a deserter, for such men never have a passport. There is a general rule that Consuls should not help deserters if it is not possible to send them safely on board the ship which they have deserted. The Consul should be sure that the money he spends on deserters serves the above purpose. But, on the other hand, deserters irade Reg., Art, 260. Trade Reg., Art. 296. 274. p. VI., Ch. XI. DESERTERS. 247 as Russian subjects are entitled to receive consideration from their Consuls. They ought not to be treated in the same way as Russian sailors who are in need, and who are not deserters, but still, they may receive small sums of money out of the Benevolent Fund which is at the disposal of State Consuls. After all a deserter cannot be placed on the same footing as an habitual tramp or loafer. Desertion takes place not only on account of laziness but also for other reasons ; as for instance, a quarrel with the captain, quarrels amongst the crew on board, insufficient food, the hope of getting a better situation on board a British ship, etc., reasons which are altogether outside of the ordinary nature of the tramp, who does not hke to work, and leads a wasteful life. Each case of an appUcation of a deserter to a Consular Officer must be treated on its own merits. Generally speaking, the Consular Officers' assistance to deserters is Hmited to the endeavour of helping them as far as possible to obtain a new situation on board ship. If deserters from Russian warships want to be sent to Russia, and appeal to Rus- sian Consular Officers to that effect, they must be placed in a boarding house, and the case must be reported to the State Consul to whom the Elective Consul is subordinate. If, instead of avaiUng himself of the opportunitv given to him, the deserter disappears again, or does not obey orders, and if afterwards he comes again asking for help — no assistance shall be given him.^ Captains of Finnish vessels, however, if returning to Finland, are not entitled to refuse to take on board either Russian or Finnish sailors who have for some reason or another been left abroad, pro- vided a reasonable payment is made for their board. Any captain of a Finnish ship refusing to take a man on board without a legitimate reason, is liable to a fine of from 100 to 300 Finnish marks. - Russian Consular Officers, when sending Russian subjects home, must endeavour to avoid all unnecessary expense. They must, if possible, select Russian vessels for the purpose, as the captains of such vessels may consent to take the men across free of all charges beyond the cost of their food. Expenses incurred in this manner are refunded by the Russian Section of Commercial Navigation, the Governor-General of Finland, or the Ministry of Marine, according to whether the deserter belonged to a Russian merchant vessel, a Finnish merchant vessel, or a man-of-war. Elective Consular Officers must give an account of their outlay to their State Consuls, enclosing vouchers and using the form which will be found under " Repatriation of Seamen."^ Before rendering any assistance to deserters, Russian Consular Officers must satisfy themselves that the appUcants for such assistance are really Russian subjects. As it only rarely happens that these men possess papers to prove their nationality, Elective Consular Officers should request the captains of the ships in which they propose to send them to Russia to examine the men with a view to establishing their identity and ascertaining whether they are really sailors or not. If it is impossible to verify their statements, the authorities of the ^ Letter from the General Staff of the Russian Marine to the Russian Consul- General in London, 22nd April 1914, No. 8547. 2 Maritime Code of Finland, Art. 78. ' Cons. Reg., Art. 34. § 275. Deserters from Fin- nish vessels.. §276. Establish- Log the identity of deserters. §§ 275, 276. 248 DESERTERS. P. VI., Ch. XI. §277. Arrest of deserters. § 278. Crimps. §279. Merchant Shipping Act., 1894, Great Britain. 277, 278, 279. districts in Russia to which the deserters profess to belong must be communicated with. In Consular practice, however, this is very rarely done, as destitute men who apply for assistance to the Consulate are not in a position to wait until an answer is received from Russia. If the Consular Officer is unable to establish the Russian nationality of a deserter, or to find a captain who is willing to take the man to Russia, he can do nothing for him as, in principle. Consular Officers must avoid doing anything that might serve to encourage desertion from Russian ships. For this reason they should not send such de- serters from one port to another, as the assistance of the Government is only given with a view to enabhng the men to return home. It is not in the interests of Russian shipping to encourage vagrancy by enabling deserters to travel from place to place, obtaining pecuniary assistance at one Consulate after another. In cases of desertion from Russian men-of-war or merchant vessels, either in a port where a Consular Officer resides or in any other foreign port, the Consul must, on the information of the commander or cap- tain, immediately give notice to the proper local authorities requesting their assistance in searching for and arresting the deserter.^ The speediest way of proceeding in such cases is to give the captain a letter to the local Chief Constable or Police Magistrate, which can be taken to the addressee by the captain himself or by a special mes- senger. The letter should be worded as follows : "I have the honour to request that the assistance of the police may be afforded to Mr. , captain of the Russian vessel , lying at , to recover and send on board his vessel the undermentioned sailor(s) of his crew, who deserted on the "' The expenses for recovering the man and conveying him on board of the ship must be borne by the captain and deducted from the man's wages. One of the circumstances which serve to encourage the desertion of Russian sailors in the ports of Great Britain and her colonies, and of the United States of North America, is the activity of a certain class of men commonly called crimps, who instigate the sailors to desert, conceal, lodge and board them, lend them mone}^ at usurious interest, and procure them berths on board of other ships in consider- ation of the payment of fixed sums of money as commission, which are paid out of the advance money received by the sailors on joining the ship. In Great Britain this obnoxious profession has given rise to a series of repressive measures. Thus under the Merchant Shipping Act, 1894, the promissory advance notes which the sailors used to give to crimps as receipts for money, were restricted to the amount of one month's wages. A heavy fine of not exceeding ;{20 was imposed upon any stranger visiting a ship without the permission of the captain. Finally, lodgings for sailors were only allowed to holders of special licences. However, these restrictive measures concerning crimps could only be applied to the defence of the interests of foreign shipping on the strength of a special Order in Council, which was obtained in diplomatic course by States the legislation of which offers the same guarantees against the misdoings of crimps as the existing laws in ^ Cons. Reg., Art. 34. p. VI., Ch. XI. DESERTERS. 249 England, or, in other words, which grant reciprocity. Such Orders in Council were obtained by Sweden, Norway, Germany, Italy and Denmark ; but could not be obtained as regards Russia, as Russian legislation does not contain analogous restrictive measures against crimps. Therefore Russian shipping is unfortunately in this respect entirely unprotected in British waters. Several States have passed laws tending to eliminate the obnoxious influence of crimps. Such is the Belgian law of 26th June 1889. In the United States of North America the law of the 14th June 18S4 (510) prohibited the payment of wages to sailors on board of merchant vessels in advance, and a course of summary procedure was introduced for the purpose of dealing with crimps. Although the exequatur granted to Russian Consular Officers by local governments, and their official admission to the performance of their Consular duties, give them the right to request the assistance of the local authorities in arresting deserters from Russian ships and handing them over to their captains, this has often been made the object of special State treaties in which the proceedings to be taken in such cases are determined with full details. The convention of commerce and navigation concluded between Russia and Great Britain on the 31st December/i2th January, 1858-59 (Art. 17), stipulates that Russian Consular Officers in Great Britain shall receive from the local authorities such assistance as may be in accordance with local laws, to enable them to recover deserters from Russian men-of-war or merchant vessels, and return them to their ships. The assistance accorded by the British poHce is limited bv the Act of Parliament of 17th June 1852, to the sending of deserters on board of their ships. ^ On the other hand, the captain, according to English laws, is not permitted to deal directly with the local police, but must do so through the Consular Officer. The right of the latter to intervene in the matter terminates with the departure of the ship from the port. §233. Belgium. The United States. §281. Deserters, Great Britain. ^ By an Order in Council of 27th August i860 for the apprehension and delivery of seamen deserting from Russian merchant vessels in British ports, it was established that seamen who are not British subjects and who, within Her Britannic Majesty's dominions, desert from merchant ships belonging to the subjects of His Majesty the Emperor of All the Russias, shall be liable to be apprehended and carried on board their ships. On the desertion of a seaman or apprentice, facilities are or will be given by the Government of any foreign country for recovering and apprehending seamen who desert from British mer- chant ships in that country. According to the British Merchant Shipping Act, 1894, Section 238, it is stated : — Where this section applies in the case of any foreign country, and a seaman or apprentice, not being a slave, deserts when within any of Her Majesty's Domin- ions, from a merchant ship belonging to a subject of that country, any court, justice, or officer that would have had cognizance of the matter if the seaman or apprentice had deserted from a British ship, shall, on the application of a Consular Officer of the foreign country, aid in apprehending the deserter. For this pur- pose, on information given on oath, a warrant for his apprehension may be issued, and, on proof of the desertion, he may be ordered to be conveyed on board his ship, or delivered to the master or mate of his ship, or to the owner of his ship or his agent, to be so conveyed. Any such warrant may be executed accordingly. §5 280 281. 250 DESERTERS. P. VI., Ch. xr. § 282. Sweden. §283. Austria, Belgium. Greece, Nether- lands, United States, France, Spain, Ger- many, Italy. Sometimes Russian captains apply through their Consuls to the police with the request not only to arrest the deserter, but also to keep him in custody, and then to dehver him over to the captain when the ship sails. In England, such requests cannot be granted on account of the Habeas Corpus Act, but, on the other hand, as the captain is responsible for the discipline on board his ship, he may keep the men in custody on board, and even handcuff them. In such cases the British police does not interfere. It is not possible for Consular Officers to help the local authorities to deal with deserters from Russian ships who are loafing about : Consular Officers have no executive power. The local authorities themselves should take as strong measures as possible to prevent desertion from ships. The declaration on the subject of extradition of deserters from ships, concluded between Russia and Sweden on the 27th March/8th April 1812, provides that the request for extradition must be addressed to the Governmental Authorities of the place where the desertion occurred, who are obliged to take all the measures prescribed by law to find and arrest the deserter ; extradition will then be granted on payment by the person by whom extradition is demanded of the expenses incurred, after it has been proved from the crew list that the deserter really belonged to the particular ship. Extradition is allowed without taking into account any liabilities or debts which the deserter may have contracted while in the country. More detailed agreements as to arrest and delivery of deserters are contained in the treaties of commerce and navigation concluded by Russia with Austria on the 2nd/i4th December i860. Art. 18 ; with Belgium on the 28th May/gth June 1858, Art. 20 ; with Greece on the 12th June 1850, Art. 9 ; with the Netherlands ist/i3th Sep- tember 1846, Art. 15 ; with the United States of North America on the 6th/i8th December 1832, Art. 9, and in the Consular Conventions concluded by Russia with France on the 20th March/ist April 1874, Art. 12 ; with Germany on the 26th November/8th December 1874, Art. 12 ; with Italy on the i6th/28th April 1875, Art. 12 ; and with Spain on the iith/23rd February 1876, Art. 12. The articles of these treaties that are mentioned are nearly identical, and are as follows : In order to procure the extradition of a deserter, Russian Consular Officers must apply, in writing, to the competent tribunals, judges, or other functionaries, and must produce the register, crew list, or other official documents of the ship, or, if the ship has sailed, a copy of them, duly attested by themselves, to prove that the men whose extradition they demand were really members of the crew of the ship in question. On receipt of this demand, supported by the evidence mentioned, the deserter is given up without further difficulty. Once the arrest has been effected, deserters are at the disposal of the Consular Officers, and may even, at their request, be detained in the local prisons until they can be transferred to the ship to which they belong, or until an opportunity occurs of sending them to their native place in a ship of the same nationality, or by any other means. The expenses of such detention are paid by the Consular Officer, whose outlay will be refunded by the party at whose request the arrest is §§ 282, 283 p. VI., Ch. XI. DESERTERS. 251 made. If no opportunity of sending the deserter home presents itself within a reasonable time, or if the cost of his imprisonment is not paid promptly, he may be set at liberty and may not be rearrested on the same charge. If a deserter from a ship commit a crime or offence on shore, his extradition may be delayed by the local authorities until after his trial by a competent authority, and until the resulting judicial decision has been fully carried out. The time during which arrested deserters remain at the disposal of the Consul is fixed at two months by the Consular Conventions with France, Germany, Italy, and Spain ; at three months by the treaties with Austria and with the Netherlands ; at four months by the treaties with Greece and with the United States of North America ; and at five months by the treaty with Belgium. The above-named Consular Conventions specially mention that de- serters who are subjects of the State where they desert are not liable to extradition. The Ottoman Empire has also recognised the obligations to deliver deserters from Russian ships, by the Treaty of Commerce concluded with Russia on the loth June 1783, Art. 2, but stipulates that ex- tradition will not be granted if, in the interval, the person concerned has embraced the Mohammedan faith. In such case not only Russian deserters, but even Russian subjects who have become slaves, are not delivered up to Russia. The treaty between Russia and Corea of 25th June 1884, Art. 3, paragraph 10, and the rules relating to overland trade between the two States of the 8th August 1888 (Art. 6, paragraph 10), contain the stipulation that on the demand of the proper Russian authorities the Corean authorities will be bound to arrest and to hand over any deserter from a Russian warship or merchant vessel. An analogous stipulation is contained in the Treaty of Commerce and Navigation concluded between Russia and Japan on the 27th May 1895, Art. 13, paragraph i. Subjects of the State where the desertion took place are not liable to extradition. As soon as the deserter is delivered to the Consular Officer the latter must arrange to have him conveyed on board the ship to which he belongs, or, if the ship has sailed, he must send him on board the first Russian or foreign ship going to Russia,^ obtaining from the captain thereof a voucher for him. The laws of Finland contain the following provisions relating to the desertion of sailors from Finnish vessels : — If any member of the crew of a Finnish ship leave the vessel in a foreign port without having first obtained permission to do so, the captain must immediately inform the Russian Ambassador, agent, Consul, correspondent, or commissioner of the fact, and request assist- ance to discover and arrest the deserter.^ Once a sailor is enrolled in the crew list of a vessel, he must proceed to his post when ordered §284. France, Germany, Spain. Austria, Nether- lands, Greece, United States, Bel^um. §285. Turkey. Corea. 286. 287. Japan. §288. Finland. ^ Cons. Reg., Art. 35. See also above. ' Maritime Code of Finland of 1839, 28th May, Art. 24 ; Finnish Regulations for Skippers and Crews of Merchant Vessels of 1S48. 30th March, Chapter IV., Art. 5. §§ 284, 285, 286. 287, 288. 252 DESERTERS. . P. vi., Ch. xi. to do so, unless a special agreement has been made as to the time when his services commence. If he fails to report himself at the time fixed, or if, after having entered upon his duties, he absent him- self from the vessel without having previously obtained permission to do so from the master, or if he prolong his absence beyond the leave granted him, he is liable to be brought on board at his own expense and iined from 5 to 50 Finnish marks. The same applies to any seaman who contracts a second engagement before the first one is terminated.^ A sailor convicted of deserting his vessel is liable to six months' imprisonment. If he return of his own free will, or if other extenu- ating circumstances are admitted, the punishment inflicted is a fine of 20 to 100 marks, or one to three months' imprisonment. If he leave the vessel on her being shipwrecked, or at any other time of danger, without having done his duty in attempting to save lives or goods, he is liable to a fine of 50 to 200 marks, or to twelve months' imprisonment. 2 ot Captains. CHAPTER XII.— Dismissal of Captains. State and Elective Consular Officers must take notice of any com- plaints made by passengers against the captains or the crews of Russian vessels, and report such complaints : Elective Consular Officers to the State Consuls to whom they are subordinate. State Consuls to the Central Board for Commercial Shipping and Ports. Captains must also be reported if, though misconduct, carelessness, or ignorance, they endanger the safety of the crew of the vessel or any commercial interests entrusted to their charge. ^ § 289. It is the Consul's duty to prevent and check all oppression of nV*^r°nfT?nc sailors on the part of the captains. He may cancel a contract between the captain and his officers or men on account of ill-treatment, in- sufficiency of food, or for any other vahd reason. Should a captain behave in such a manner as to render it impossible for him to be allowed to continue in command of a ship, the Consul may dismiss him and replace him by a person worthy of confidence. The appointment must be made agreeably to the wishes of the correspondent or the authorised agent of the owner, if there happens to be one on the spot. It is only when there is no such agent on the spot, and when there is no possibility of consulting the owner by letter or wire, the circum- stances of the case not admitting of delay, that the State Consul is authorised to dismiss and replace the captain on his own initiative. Elective Consuls must report to the State Consuls of their district, who inform the owner of the ship and the Section for Com- mercial Shipping of the reason which induced him to change 1 Maritime Code of Finland, Art. 58. ^ j^^-^ _ ^rt. 66. ^ Cons. Reg., Art. 102. §289. p. VI., Ch. XII. DISMISSAL OF CAPTAINS. 253 the captains.^ It must be borne in mind that the facts upon which such dismissal is based must be of a sufficiently grave character. They must be self-evident, or confirmed by reliable witnesses. The Consul takes all the responsibihty for his interference. The dismissal of captains also takes place when the shipowners decide to ha\"e the captain removed and appoint another captain in his place. If the former captain himself is one of the owners of the ship, and has a quarrel with his co-owners, and does not want to give up the ship although a new captain has been sent to take his place, an appointment cannot be made until the following regulations are observed by the local Russian Consular Officer : — According to Art. 206 of the Russian Trade Regulations (ed. 1903) the captain must have the unanimous vote of all the owners of the ship. As soon as some of them have declared themselves in favour of his removal, there is no doubt that he no longer has the right to be the master of the ship, and in accordance with the Consular Regula- tions the Consul has to appoint another captain. If a new captain has been chosen b\' some of the owners of the ship, of course the Consul will appoint that man, provided that he has the necessary qualifica- tions and documents, viz. : Power of Attorney, Passport and Diploma. If the former captain, as a co-partner of the ship, wants his share in the ship paid out, he must put in a claim thereof before the competent Russian Law Court ; he cannot pretend to keep the command of the ship until his share in the ship is paid out to him. All quarrels among the partners of a ship must be decided by the competent Russian Law Court and not by Consuls. The above rules apply equally to the captains of Finnish vessels, as Art. 103 of the Russian Consular Regulations makes no exception in their case. Art. 53 of the Finnish Maritime Code is, however, in contradiction to the aforesaid Art. 103 of the Russian Consular Regula- tions, and only admits the interference of the Consular Officer in excep- tional cases. The Consular Officer must, therefore, when applying Art. 103 of the Consular Regulations to Finnish ships, be particularly careful to have sufficient grounds for his interference. - The Maritime Code of Finland contains. Art. 62, the following provision relating to misconduct on the part of captains of Finnish vessels : " A captain who abuses his right of inflicting punishment, or refuses, without adequate reasons, to issue their daily rations to the crew, is liable to a fine of fifty to two hundred marks. For ill- treating any member of the crew he is liable to punishment under the penal code." §290 Dismissal oli Captains. ^291. Finland. ^ Cons. Reg., Art. 103 ; Circular of the II. Department of the Ministry of 7133 Foreign Affairs of 2nd August i860. No. — 7, . ^ See " Death, removal or change of Captain." §§ 290, 291. 254 § 293. Crippled sailors. CHAPTER XIII.— Invalid Sailors. If it is necessary to land a person from a merchant vessel on account of sickness, the captain must request the permission of the Consul to do so, and must deposit at the Consulate a sum of money, the amount of which is determined by the Consul, to defray the expenses of the treatment of the patient and eventually to pay for his return to Russia, or, in the event of death, to cover the cost of his funeral. Instead of a deposit the captain may, with the Consul's assent, give security, the sick person having paid the security, and undertaking, in writing, to pay the above-mentioned expenses.^ In case of violation of these rules, the Elective Consul must draw up an official report of the case and send it to his State Consul, and the latter forwards it to the Central Board of Commercial Shipping and Ports. The Consular Officer must provide for the wants of the invalid when left behind and the Section of Commercial Shipping will refund him his outlay unless, in case of death, the effects left by deceased suffice to defray the expenses incurred. ^ On the recovery of the invalid the Consul must send him to Russia, unless he wants to take a situation on board a ship at a local port. As to the amount of expenses to be paid by the captain for the invahd sailor, and the sum to be deposited at the Consulate, the Consular Officer should take into account the special circumstances of each case and comply with the following rules : — If one of the crew of a Russian merchant vessel is injured in the performance of his duties he is entitled to claim from the captain not only the expenses of the treatment and care he has required, but also all expenses that may be caused by the injury, and if, through it, he is unable to continue his voyage in his ship, the captain must pay his travelHng expenses to the place from which he was shipped, all these expenses being paid on behalf of the owner of the ship.^ If one of the crew of a Russian merchant vessel is taken ill, and, in con- sequence of his inability to continue the voyage, is left by the captain ashore, all his wages up to the end of the time fixed by his agreement with the captain must be paid by him.* If one of the crew of a Russian merchant vessel loses a limb during the performance of his duties, the captain of the ship, in addition to paying for proper treatment, must pay him, on behalf of the owner of the ship, double the wages agreed upon. If, however, one of the crew of a Russian merchant vessel is crippled while in a state of intoxication, or in an unlawful fight, or is rendered incapable of fulfilling his duties on the ship as a result of his own dissolute conduct, he loses his wages, and the captain is en- titled to retain them, so as to be able to take another man in his place. If such a thing happen in a foreign country the captain is bound to send the man back to Russia.'^ Sailors who are suffering from venereal diseases cannot claim to be looked after by Russian Consular Officers at the expense of the Russian ^ Cons. Reg., Arts. 69 and 70. ^ Trade Reg., Art. 288. * Trade Reg., Art. 265 * Ibid., Art. 71. ^ Ibid.. Art. 289. §§ 292, 293. p. VI., Ch. XIII. INVALID SAILORS. 255 State Exchequer. Russian shipping regulations prescribe that the captain is not hable to provide his men with means for being cured from such diseases, and Russian Consular Officers are in the same position as captains in this respect. Venereal diseases are contracted through the fault of the sufferer, and it would be equal to encouraging immoral and objectionable actions to supply persons who act in this way with funds for helping them to overcome the consequences of their faulty acts. Therefore, persons suffering from venereal diseases must be left to their own resources. The Maritime Code of Finland of the year 1874 contains the follow- _ 5 294 ing provisions about invalid sailors serving on board of Finnish vessels : ^ ^^^ If a seaman fall ill or be injured while serving on board a vessel, he is entitled to his wages, and to maintenance, attention and medicine for so long as he remains on board. If the captain is compelled to have him transferred ashore, and if it be in a foreign country, he must place him under the protection of the Consul, or, where there is no Consul, in the care of a reliable person, and, whether it be in Finland or abroad, he must pay all the expenses of the illness during a period of not more than two months, besides the wages due to the sailor. If the sailor has brought his sickness upon himself by his own fault, he receives pay for the time of his effective service, but is not entitled to any expenses for medical treatment and attendance after he leaves the ship. If he is not in a position to pay his own expenses, the captain must advance the amount requisite for a month's treatment, which sum the sailor will be required to refund. ^ The cost of the return journey of a sailor who has been prevented by ill- ness from accompanying his vessel to the port or place of his signing on are to be borne by the owner. In any case in which an opportunity occurs of transferring the sailor to another vessel going to his own country, whereby he may return there, he is not entitled to refuse to accept employment of the same nature as that which he fulfilled before. Should the rate of wages paid be lower than he received in the first instance, the owner must make up the difference. The owner is, however, not under the same obligation if the sailor has been dismissed for misconduct or through illness which he has brought upon himself, or if he demand his discharge for the purpose of improving his position, or of getting married.^ The captain of a Finnish vessel returning to Finland may not refuse to take on board, provided a reasonable charge be paid, any invalid Finnish or Russian sailors who have been left behind in a foreign country. Any captain refusing to do so without lawful excuse is liable to a fine of 100 to 300 marks.^ Elective Consular Officers must forward to the State Consul to 5 295. whom they are subordinate an inventory in duplicate of the effects Effects oi of any invalid sailor left in their charge or sent home by them, and an^^d-ippied the account of their expenses for treatment, with the vouchers for sailors, the same, using the form given in Chap. XVL, " Repatriation of Seamen."' If he received a deposit of money from the captain, he 1 Maritime Code of Finland, Art. 75. ^ Ibid., Art. 77. ' Ibid., Art. 78. * Cons. Reg.. Art. 71. j§ 294, 295. 256 INVALID SAILORS. P. vi., Ch. xiii. must also give 'an account of it, and if, after recovery of the patient, there remains any balance, he must send it to the State Consul, in order that it may be returned to the owner of the ship on board of which the invalid served. State Consuls report to the Central Board of Commercial Shipping and Ports.^ CHAPTER XIV.— Death of Sailors. § 296. In case of the death of a sailor on board of a Russian ship in the ^lfors°* course of a voyage, the captain must draw up a statement of the occurrence, giving all particulars. This statement must be signed by alP the members of the crew and produced to the Russian Consular Officer at the nearest port of call. Should the death of a seaman on board of a Russian ship take place while the ship is in port, a certificate of death must be obtained from the local authorities. The statement referred to above, or the certificate of death, must be attested by the local (State or Elective) Consular Officer. In the case of Elective Consular Officers, these documents must be sent to the State Consul to whom they are subordinate, together with the deceased's passport, his wages account, signed by the captain, the balance of wages due to him (if any), a fist of his effects, signed by the Consular Officer, and an account of the burial expenses.^ After the Consular Officer has drawn up a fist of the deceased's effects, he must seal them with the Consular seal and hand them over to the captain in exchange for a receipt, in which the captain must state that he undertakes to dehver them to the Section of Commercial Shipping.* The Consular Officer must give the captain a certificate stating that the parcel or bag sealed with the Consular seal contains the effects that belonged to the deceased. If it is impossible to send these, without delay, to Russia on board of a Russian ship and free of charge, and if such effects do not represent any great value, consisting only of clothes, underwear, &c.. Consular Officers must arrange to have them sold by public auction. The proceeds and any watch or articles of gold or silver, or any other articles of value left by the deceased, must be sent to the Section of Commercial Shipping, together with all the documents relating to the case.'' State Consuls report the matter to the Section of Commercial Shipping, with enclosure of passport of deceased, certificate of death, wages account, and fist of his effects. The Board refunds their outlay, unless the effects left by the deceased and the balance of wages due to him suffice for the purpose.® If a sailor dies of an infectious disease, his effects must be destroyed. ^ Cons. Reg., Art. 71. " Code of laws relating to the Civil Estates, Art. 929, Ed. 1S99. ^ Cons. Reg., Art. 79. '' Circular of the II. Department of the Russian Ministry of Foreign Affairs of 17th March 1904, No. 3020. ^ Cons. Reg., Art. 71. Circular of the II. Department of the Russian Ministry of Foreign Affairs of nth July 1907, No. 9294. ^ Cons. Reg., Art. 73. §296. p. VI., Ch. XIV. DEATH OF SAILORS. 257 If a member of the crew of a Russian merchant vessel dies from injuries received in the performance of his duties, his heirs are entitled to claim double the amount of wages due to him at the time of his death. If the heirs are not on the spot, the money, together with the deceased's other belongings, must be sent in the usual way, to be handed over to the heirs. ^ The Maritime Code of Finland contains the following provisions : If a sailor dies during a voyage, the captain must take the necessary steps to ensure that the body receives decent burial, the cost of which must be borne by the owners, if the wages due to the deceased are insufficient for the purpose. The captain must, further, make an inventory of deceased's effects, selling by auction such of the property as is of a perishable nature, and he must then, without delay, send a complete ana detailed account of the whole matter to the Shipping Office, in the interests of the lawful heirs ol the deceased. ^ In case of an injury received by an EngHsh or foreign seaman on board of an English ship, compensation can be claimed according to English law, if it be proved that such injury was not due to carelessness on the part of the injured, and that it was received during the per- formance of his professional duties. In case of death as the result of injuries received under such circumstances, compensation can be claimed if it be proved that the deceased used to support his relations out of his wages. The amount of compensation to be received would depend upon the amount paid by the deceased to the persons whom he supported. In establishing the amount of compensation the circumstances of hfe of those who put in their claim are taken into consideration. §297. Finland. Compen- sation by English Law. CHAPTER XV.— Death, Removal or Change of Captain. In the event of the death of the master of a Russian vessel, the Consul § 298. must appoint a successor. In such event he must comply with any ^^^:^ ^^f^ instructions that may have been given to the deceased, and only in the new cap- absence of such instructions may be given preference to the chief officer tain, of the ship. If practicable, the Consul should communicate with the owners and act in concert with them or with their agent. By this means he will at once reduce his responsibiUty and simplify his work. On the other hand, the Consular Officer is required to satisfy himself that the person appointed to the command of the ship possesses the requisite qualifications for the post, and, with this view, he must have him examined by competent persons, selected, where possible, from among Russian subjects. ^ * Trade Reg., Art. 290. * Maritime Code of Finland, Art. 76. ^ Cons. Reg., Art. 74. R §§ 297, 298. 258 DEATH, REMOVAL, &c., OF CAPTAIN. P. vi., Ch. xv. § 299. Inventory of ship's tackle, stores, pro- visions, &c., &c., on transferring vessel. §300. Removal of captain by shipowners' desire. § 301. Finland. 299, 300, 301. The Consul must make an inventory of the deceased's effects and take a note of all funds belonging to the owners of the ship. He must make a list of the ship's books and seal them up, together with the deceased's effects. These he then delivers to the new captain, in exchange for a receipt, as in the case of the death of a sailor on board ship. He must also inform the owner or his agent of the appointment of a new captain.^ If the owner, or owners, of a ship sailing under the Russian flag desire to remove the captain from his post and to appoint a new one in his place, the latter must produce a written appointment by the owners, duly legalised by a Notary Public. The former master and the one appointed in place of him must draw up an inventory of all the goods, tackle, apparel and furniture transferred with the ship, to which their signatures, duly legalised by the Consul, must be attached. A copy of this document must be sent by the Consul to the Section of Commercial Shipping if the ship is Russian, and to the Governor-General of Finland if she belongs to Finland. If the retiring captain has not the means to enable him to return to Russia, the Consul must arrange for his repatriation, sending the vouchers for his outlay to the Section of Commercial Shipping, or to the Governor- General of Finland, as the case may be. Elective Consular Officers must report such cases to the State Consuls to whom they are subordinate. It is open to a captain who has been relieved of his post at the request of the owners to bring a claim for compensation against the owners, either in Russia or Finland, if, in his opinion, his dis- missal took place without adequate reason, or was not justified by any fault, or error, or misconduct on his part. The Finnish Maritime Code contains the following regulations as to dismissal or change of masters : — If the captain is forced by circumstances to resign his command of the vessel, the wages and other emoluments due to him for the time during which he was in command must be paid to him, or, in his absence, to the person who is lawfully entitled to receive them. In such case, a part of the gratuities and wages stipulated for the voyage is paid, proportionate to the distance traversed, as compared with the total length of the voyage. If he be deprived of his post without having in any way failed in his duty, or if he is compelled to resign his command in consequence of war, shipwreck, or other calamity, or by reason of a sickness con- tracted through no fault of his own, he is entitled, in addition to the wages and emoluments mentioned above, to be sent home at the expense of the owners of the ship, and also, if sick, to receive medical treatment on shore, during a period not exceeding one month. The owners of a Finnish ship are entitled to relieve the captain of such vessel of his duties if they consider that he is no longer deserv- ing of their confidence. If the captain is, at the same time, owner to the extent of one-half or more of the shares in the vessel he com- mands, the objection of his co-partners to his retaining such command ^ Cons. Reg., Art. 74. p. VI., Ch. XV. DEATH, REMOVAL, &c., OF CAPTAIN. 259 must be submitted for decision to a competent tribunal in Finland. ^ If the captain is relieved of his command abroad, he is not at liberty to make any claim for compensation at the time, but must reserve such claim until his return to Finland. If it is decided, by a competent tribunal, that his dismissal, whether in Finland or abroad, was not justified by any fault on his part, such as inexperience, disobedience, •or bad faith, the captain is entitled, over and above the wages due to him for actual service, to compensation equal to the amount of his wages for one, two, three, or four months, according as to whether he was dismissed at a port in the Baltic, or in any other European port, or at a port outside of Europe, yet this side of Cape Horn or the Cape of Good Hope, or, iinally, at a port more remote than these two latter places. If the captain has given just grounds for his dismissal by any fault or error on his own part he is liable to the legal penalty, and will be required to make good any damages that may result. If he is convicted of bad faith, carelessness or culpable negligence, the tribunal may direct the suspension of his master's certificate.^ When a captain assumes command of a vessel, an inventory must be drawn up of all the tackle and other furniture belonging to her, a copy of which, approved by the captain, is handed to the owners. Before taking command, the captain must satisfy himself, by careful examination, that the vessel is in good, seaworthy con- dition, adequately provisioned, and fitted with all requisites. If any article is deficient, the cost of supplying which the owner refuses to bear, the captain is entitled to cancel his agreement. The captain may not delay the saihng of the ship without sufficient reason. 3 He may not abandon his vessel or his duties without the most imperative necessity. If he dies during a voyage, or be incapaci- tated, his place must be taken by the chief officer, who will be responsible for the safety of the ship. If the removal of the captain becomes necessary while the ship is in port, the owners must be advised of the matter and their instructions taken. If, however, this course entail too much delay to the ship, the owners' representative or the Consul, in consultation with any Finnish captains who may be on the spot, shall select a man capable of fulfilling the duties, to take charge of the vessel.'* CHAPTER XVI.— Repatriation and Assistance of Seamen. Liberated prisoners of war or persons saved from shipwreck must, § 302. if they are Russian subjects, be provided, by a State Consul, with ^qJ*^^*" passports, to enable them to return to Russia. ^ Such persons must prisoners of be sent to Russia by sea in a Russian or foreign vessel. If, however, war and war, or other circumstances, render travelling by sea impossible or ^^gJked difficult, the State or Elective Consular Officer must forward them seamen. ^ Maritime Code of Finland, Art. 52. * Ibid.,\xt. 56. ' Ibid., Art. 34. * Ibid., Art. 53. * Passport Reg., Art. 265 ; Cons. Reg., Art. 42. §302. 26o REPATRIATION, S-c, OF SEAMEN. P. vi., Ch. xvu overland ;i he is authorised to supply their most urgent wants ;: he may provide them with clothes, boots, and also with money for their maintenance while travelling from the place where he resides direct to Russia, or, if they cannot go direct, to the nearest Russian Consulate on the way to Russia, at the following rates : boatswains' mates, non-commissioned officers, &c. (not belonging to the nobihty), 30 copecks per German mile ; sailors, orderlies, and men of inferior rank in general, 15 copecks for the same distance ; in addition, for every day they may be detained in a port or a town, persons of the first category, 30 copecks, and those of the second, 25 copecks ; and in the case of men belonging to the merchant fleet, for every day they are compulsorily detained in a port or town : captains, 50 copecks ; mates, 70 copecks ; boatswains, 30 copecks ; sailors, 25 copecks ;, and for every German mile travelled, 15 copecks for sailors, and 30 copecks for others, without distinction (in Russian money or the equivalent in foreign money, according to the rate of exchange). ^ The Consular Officer must mark on the passport of the persons whom he thus forwards to Russia the amounts he has paid them.^ Elective Consular Officers must send their reports of such cases and the account of their outlays to their State Consuls, and the latter must report to the Minister of Marine if naval officers or men are concerned, the Section of Commercial Navigation in the case of a Russian merchant vessel, and to the office of the Governor-General of Finland in the case of a Finnish ship. In presenting accounts of expenses, it must be borne in mind that they are only refunded when incurred on behalf of Russian subjects, and the State Consul must be guided exclusively by the nationality of the seaman, and not by the nationahty of the vessel on which he was serving. Thus, the Consul must report to the Section of Commercial Navigation all expenses incurred on behalf of a Russian, even if he has been serving on board of a foreign or Finnish vessel, and to the office of the Governor- General of Finland as to expenses incurred for a Finnish sailor, even if he has been serving on board of a Russian or foreign vessel. Foreign sailors, even if they have been serving on board of Russian or Finnish, vessels, are not entitled to receive monetary help for board or repatria- tion. In his report of each case of repatriation, the Elective or State Consular Officer must be careful to mention all the particulars, as, for instance, whether the sailor was discharged from the ship on which he served, or whether he deserted, or was shipwrecked, or left behind ; whether any blame attaches to the captain, and so forth. This is important, as, according to these circumstances, it is after- Avards decided whether the expenses incurred by the Consular Officer shall be refunded by the sailor himself or by the shipowner. The Consular Officer must also state in his report his reasons for beheving that the man relieved by him was a sailor and a Russian subject ; he must mention the place to which the man belongs and the name and address of the owner of the ship on which he served.* ^ Cons. Reg., Art. 43. « j^^^ _ ^^.^g ^^ ^^^ g^ 3 /^^^ _ ^j-t. 45. * Circular of the II. Department of the Ministry of Foreign Affairs of 8th ApriB i888,No.l439 729 302. p. VI., Ch. XVI. REPATRIATION, &c., OF SEAMEN. 261 If, for some reason, it is impossible to send the man back to Russia ,, § 303. iVlnnpr9.T*v at once, monetary assistance may be given him. In reporting the ^j^ ^^ j^^^j, outlay incurred, the Consular Officer must state the reason why the gent sailors, man could not be sent to Russia. The particulars concerning sailors who have been repatriated or have received monetary aid must be shown, using the following form, which should be printed if possible : — 1. Name, surname, status. 2. Age. 3. What documents are presented, and by whom issued. 4. Birthplace (government, district, village, or community to which the man belongs). 5. Name and nationality of the ship with which the man last sailed (if the ship is Russian, the name and residence of the owner). 6. What position the man occupied on board ship. 7. His reason for leaving the ship. 8. When he left the ship. Account of Expenses incurred by the Consular Office. 1 . Medical treatment ------- 2. Board --------- 3. Clothing --------- 4. Passage to -------- 5. Ready money -------- 6. Food on journey ------- Received by the Consular Officer from the captain for expenses of treatment of sick sailors on the basis of Art. 70 of the Consular Regulations - - - - Paid in addition by the Consular Officer - - - Balance --------- The receipt to be given by the man must be worded as follows : — I, the undersigned received in hand from the Russian Vice-Consul (or Consular Agent) at monetary assistance in the sum of Signature of the man. Signature of the Vice-Consul (or Agent). Seal of the Vice-Consulate (or Agency). The receipt must be given by the person receiving the money or by his representatives, duly empowered to do so for him. In case he cannot write, some one else may sign for him at his request, but not persons who are employed in the office where the money is given. The sums must be written in words. Persons who receive money from the State Exchequer must write their name, surname, and status legibly.^ The Finnish Maritime Code contains the following decisions § 304. relating to the repatriation of Finnish sailors : The expenses for ^""and. the homeward voyage of a Finnish sailor who is prevented from returning on board of the ship on which he served to the port where he signed on, will be borne by the shipowner. If, however, in order to facilitate his home-coming, it is possible to place the sailor on board of another ship going to his country, he is not allowed to refuse a * Circular of the Section for Commercial Shipping, of 29th December 1903, No. 6977. §§ 303, 304. 262 REPATRIATION, &c., OF SEAMEN. P. vi., Ch. xvi. §305. Obligation oJ captains oi Russian ships to take on board prisoners of war and ship- wrecked sailors. situation similar to the one he had before ; if his wages are less, the shipowner will pay the difference ; but the obligation to do so does not fall on the shipowner when the sailor has been discharged for a fault, or through a disease which he has brought upon himself, or if he has asked to be discharged on account of an advancement of posi- tion, or of marriage. If, on the strength of Art. 69 of the Finnish Maritime Code,^ he asks for his discharge after two or three years of service, the expenses of his repatriation will not be paid by the shipowner unless the contrary was specially stipulated in the con- ditions of his engagement. As to the obligation of the shipowner to repatriate the crew of a ship which has been wrecked or confiscated,, the expenses of repatriation will be borne by the shipowner only to the amount of the value of the effects which have been saved. ^ How- ever, this latter restriction of the Finnish laws does not affect the Consular Officer, whose outlay in repatriating shipwrecked Finnish sailors will always be refunded in full by the office of the Governor- General of Finland. Other destitute Finnish seamen, who have not been shipwrecked, but who are, from other causes, in need of money and cannot find employment, may receive, from the Consular Officer, a single payment by way of monetary assistance. The Consul must draw up a protocol and send it, with the man's receipt, to the office of the Governor-General of Finland. Such men can only be repatri- ated in extreme cases, as, for instance, in cases of persistent illness. ^ As to the question whether Finnish sailors, who for some reason or another do not possess papers by which their identity can be established, are entitled to monetary help, the Board of Trade and Industry of the Imperial Finnish Senate decided in a letter to the office of the Finnish Governor-General of 8th September 1905, No. 870, that Finnish sailors are entitled to such help, provided that they can give clear and satisfactory proof — or, at least make it appear probable that their papers have been lost. Captains of Russian ships are only obhged to take on board ship- wrecked sailors and prisoners of war when their number does not exceed one third of the number of the ship's crew, or four sailors for every hundred tons. On arrival at his port of destination, the captain will receive, from the proper authorities, compensation for the main- tenance of such men, at the rate of 35 copecks per man per day (unless he engaged them to replace any of his own sailors) for the time that has elapsed from the granting of the passport, or the Consular visa, to the day of their arrival in port. These sailors are obliged to obey the captain and mate of the ship and to work during the voyage without any remuneration. Should a captain refuse to take on board his ship soldiers or sailors sent to him by the Consul, he incurs, if he is a Russian subject, a penalty of 75 copecks per man, for the benefit of the invalid fund ; if he is a native of Finland, the penalty is 100 to 300 marks. If, however, the captain has valid reasons for such refusal, the Consul may exempt him from the obligation to receive the men on board.* 1 See " Dismissal and Discharge of Sailors." Part VI., Chap. VI. ^ Maritime Code of Finland, Art. 78. 3 See " Invalid Sailors." Part VI., Chap. XIII. * Maritime Code of Finland, Art. 78. Cons. Reg., Art. 84. §305. 263 CHAPTER XVII. — Purchase of Vessels abroad by Russian Subjects. According to Russian law, the owner of a vessel is recognised as the person who has in his possession the Bill of Sale, or the Builder's Certificate. The purchase of a vessel can only be made on the strength of such documents ; the ownership of a vessel passes from one to another as soon as the Bill of Sale or Builder's Certificate has been executed, and has changed hands.^ The bill of sale of a vessel purchased by a Russian subject, or § 306. built to his order abroad, must be attested by a local Notary Public, Legalisa- according to the principle locus regit actum, except in France, Germany, Qj'^ale'" ^ Italy and Spain. In these countries, according to conventions signed with Russia, Russian State Consuls are invested with the powers and are entitled to perform the functions of Notaries Public in trans- actions between their countrymen and local subjects.^ In other countries, when the bill of sale or builder's certificate is attested by a local Notary Public, such attestation requires the legalisation of the local Russian State Consul. Finnish subjects are required to produce certificates from the Governor or Magistrate of their district in Finland, authorising them to own vessels or shares in such. The Consul is expressly forbidden to authorise the fictitious sale or purchase of vessels in time of war, when the object of such transactions is to secure the protection of the Russian flag to vessels belonging to the belligerent powers.^ The purchaser of a ship is required to give satisfactory proof that he is entitled to fly the Russian flag. According to Art. 122 of the Trade Regulations, Continuation igo6, § 307. only Russian subjects are entitled to flv the Russian merchant flag ; Title to fly the right being extended to :— ^ f^^ Russian 1. Single or joint-proprietors of a ship, if all are of Russian nationality. 2. Companies limited or without limitation, if all active and sleep- ing partners are of Russian nationality. 3. Joint stock companies on shares if all the shares belong to Russian subjects, the board of directors and head offices of which are in Russia, and the directors and managers of which are of Russian nationality. A Russian ship loses the right to fly the Russian flag : — I. If a foreign subject inherits the whole or part ownership of a Russian vessel, and, after the lapse of three years dating from the time of the decease of the late partner, does not sell his right to the ship to a Russian subject, or, if the other part-owners of Russian nationality do not acquire the ship. A part-owner is allowed to sell his share in the ship with the consent of the other part-owners. If such consent is not given, the part-owners have the prior right in ^ Decision of the Department of Civil Cassation of the Ruling Senate of 1885, No. 47. * See " Drawing up, Legalising and Attesting Documents." ^ Cons. Reg.. Art. 58. §§ 306. 307. 264 PURCHASE OF VESSELS ABROAD. P. vi., Ch. xvii. §308. Provisional jflag-patent. §309. Model of flag-patent. buying the share at a valuation price. The valuation is made in accordance with the age and general condition of the ship. The price must be paid not later than a month's time counting from the date when the joint-owners were informed of the prospective sale or cession of the share. ^ 2. If all, or some of the owners of the ship have become foreign subjects. 2 After completion of the purchase, the buyer is furnished by the Consul with a provisional flag-patent, a model of which is given below. A provisional patent is issued for one year to vessels purchased by Russian subjects or built to their order, at a foreign port in Europe, and for two years to vessels purchased in any other part of the world. If the purchase takes place in a country where the local authorities require an official survey of the vessel to be made in order to ascertain her soundness and seaworthiness, the Russian Consular Officer must not deliver the provisional flag-patent to the buyer before he has been supplied with a certificate of the vessel's seaworthiness.^ Model of Provisional Flag-Patent. No. Consular Certificate for the Russian R. Tons. In consequence of the eonstruction at the shipbuilding yard of (or purchase from ) by or on account of of the sea-going vessel named of tons net register, the Imperial Russian Consulate at has delivered the present certificate, to which is attached the official seal of the Consulate and which is valid for one year, dating from to serve instead of the Government patent permitting the ship to sail under the Russian flag, with the stipulation that, before the expiration of the said period, the ship shall be reported without fail, as is declared in the receipt given by the Commander of the vessel at the port of to be legally registered at that port, and to obtain the Government patent entitling the ship to sail under the Russian flag, and to perform all the formalities required by law with regard to such registration and to the composition of the crews of Russian vessels. In the event of the vessel not being reported before the expiration of the term stated above, at the port of or any other Russian port, where there is a Custom House, for the purpose of registration at that port, the ship shall forfeit the right to sail under the Russian flag. The Commander has given an undertaking to fulfil these conditions by signing a special receipt before the Imperial Russian Consulate at Consul : Trade Regulations, Art. 161. Ibid, Art. 122. Continuation of the year 1906, Art. 138. Ibid., Art. 138. §§ 308, 309. ■p. VI., Ch. XVII. PURCHASE OF VESSELS ABROAD. 26= When delivering a provisional flag-patent, the Consul must require written information from the owner or captain of the vessel as to the port in the Empire at which she is to be registered, and a promise that, immediately upon her arrival at such port, all the formahties prescribed by law as to the registration of the vessel and the enrol- ment and composition of the crew will be duly observed.^ This undertaking, a model of which follows, must be sent by him to the Section for Commercial Shipping. -On the 19 1, the undersigned do give this undertaking to the Imperial Russian Consulate at that the sea-going vessel built (purchased) at of tons net register, for which I have received, in place of the Government flag-patent, a certificate which is valid for one year, i.e., until the 19 , shall be reported at the port of before the expiration of that period, for legal registration at that port and to obtain in exchange for the present certificate the regular Government flag-patent, and perform the formalities prescribed by law with regard to the registration of the vessel and the composition of the crews of Russian ships. (Signature of the Captain) If, for some reason, the captain is unable to make a Russian port before the expiration of the term specified in the provisional flag- patent, he must inform the nearest Russian Consul of the circumstances, and obtain from him a provisional certificate, the validity of which only lasts until the ship is able to reach a Russian port in which there is a custom house. The particulars of the case must be communicated by the Consul to the Section for Commercial Shipping. ^ The form of provisional certificate is as follows : — In consequence of a declaration made by Captain at the Imperial Consulate for Russia at to the effect that, for reasons stated in the said declaration, it is not possible for him to reach or another Russian port with the ship , of which he is master, before the expira- tion of the certificate granted on the to the said ship by the Consulate at authorising the use of the Russian flag, the present temporary certificate with the Consular seal affixed is granted by the Russian Consulate at to Captain for the voyage of the to Russia, for the purpose of being there registered according to law, and in conformity with the instruc- tions contained in the Regulations with regard to the granting of patents . authorising the use of the Russian flag. (Date) (Signature of the Consul) §310, Captain's receipt for provisional flag-patent. §311. Extension of provisional flag-patent. ^ Trade Reg., Art. 139 ; Cons. Reg., Art. 58. Cons. Reg., Art. 141. 310, 311. 265 PURCHASE OF VESSELS ABROAD. P. vi., Ch. xvii. Flag- patents only issued by State Con- suls. § 313. Mortgage on Russian Ships abroad. According to Art. 58 of the Consular Regulations, only State Consuls are authorised to grant provisional flag-patents. Elective Consuls must apply in such cases to their State Consul, enclosing : — [a) Bill of sale or builder's certificate, duly legahsed by a local Notary Public, in duplicate ; [b) Certificate of measurement (from the Board of Trade) ; [c) Certificate from the authorities in Russia showing that the purchaser is a Russian subject or is entitled to fly the Russian flag. [d) A power or other written proof that the captain is entitled to take over the ship in the name of the owners in case the latter are not present. An Elective Consular Officer is entitled to draw up the crew-list. In so doing he should use the form described in § 222 of this " Guide."' In order to afford to Russian subjects, who purchase ships abroad from foreigners or Russian subjects, the advantage of obtaining them on a system of credit, Russian State Consuls are required to record the mortgage on the builder's certificate or bill of sale of the ship, certify- ing^ ••— 1. That according to the mortgage bond presented (date number) to the Consul, a debt has been contracted by the buyer of the ship. 2. That the seller of the ship acquires, in Russia, a mortgage on the ship, which conveys preferential rights before other creditors in the event of concurrent claims being made against the ship. However, this course of procedure does not refer to Finnish ships, as the Grand Duchy has special laws regulating this matter. ^ The following is a copy of the record to be made by the Consul of the mortgage upon the Bill of Sale, or Builder's Certificate, as the case ma}^ be : — HiinepaTopcKoe PoccincKoe KoHcy.iLCTBO cnMi> y;i;ocTOB'l;pfleT'i), na ocHOBaHiii npeji,xflBJieHH£ixT) iimI) ji.oKyMeHTOB'L, ^iTO MejKji,y npio6piTaTejiaMn pyccKaro napoxoji,a (TaKHMH-To) II npojiaBitaMii njin CTpoiiTejiflMii ero hjih KaKoro Hii6yjB ji;pyroK) (fuipMOK) 3aK.iioTieHa jtojiroBafl CA^JiKa Ha cyMMy bb (nponiiCBio) npH ^eMx odesne^eiiieMi. 9Toro j;o.ira My/KiiTi) caMoe cyji,HO n npiicoBO-KynjacTi), 'ito nasBaHHaa ^)upMa npioSpiTacT'L Bt PocciHCKofi ZMnepin na cyji,HO 3aKJiaji;Hoe npaso cl npeiiMymecTBen- EHMi) yji.oBjieTBopeiiieM'b nepeji;!) ji;pyriiMii Kpe,T,irropaMii bi. cjiyna'ti npeAtJiB.ieHifl Kt BJiaji.'fijiBii.aM'B cy;i,na KOHKypeHTHUxt iicKOBt MicTO qiicio noji,iiiiCb. The following is a translation into French and English of the above- mentioned Record. Le Consul Imperial de Russie a s'autorisant de ses instructions, certifie qu'une creance hypote- caire de remboursable le a est constituee par acte du notaire ^ Circular of tht II. Department of the Russian Ministry of Foreign Afiairs of loth May 1899, No. 4109. * Explanation of^thc Section for Commercial Shipping of 4th June 1899, No. 1954. §§ 312, 313. p. VI., Ch. XVII. PURCHASE OF VESSELS ABROAD. 267 en date de sub sur le navire russe (port d' attache ) par I'acquereur du navire au profit du vendeur (ou quelqu' autre personne) et que la presente creance aura la priorite dans 1' Empire de Russie sur toute autre creance, qui pourrait etre produite. Le Consul : The Imperial Russian Consulate at hereby certifies, on the strength of documents produced, that between the buyers of the Russian steamer and the sellers or builders of the same, or another form foreign or Russian (as the case may be) a mortgage has been concluded for the amount of (written in letters) to the effect that the steamer shall serve as security to the mortgagee, who by these presents acquires the right of the first charge in the Empire of Russia in prefer- ence to any other creditor who may have concurrent claims on the said shipowners. Town and date Signature of Consular Officer The original Bill of Sale or the Builder's Certificate, with the Con- sular Legahsation and Mortgage Inscription, have to be handed over to the mortgagee by the owner of the vessel, the latter to have for himself a copy of the said documents, which should contain the Mortgage Inscription, and which should be attested by the Consular Officer as to its correctness.^ Not only newly-purchased ships, but any Russian ship may be mortgaged abroad under the conditions observed in the afore-mentioned Regulations § 313, viz. : — that a Record of the mortgage be made by the Russian Consular Officer on the Bill of Sale or Builder's Certifi- cate. The Consul must report each case of mortgage of a Russian ship to the Customs Authorities of the port to which the ship belongs, in order that the mortgage be inscribed on the ships' register of the port. 2 On arrival of the vessel at her destination in Russia, the captain must proceed to properly register her. AppHcations for the regis- tration of vessels are addressed to the local custom house authorities. They must contain the following particulars : name of the vessel, description of her rig (schooner, brig, barque, &c.), dimensions and capacity in Russian lasts and registered tons, and the name of the place where she was built. If the vessel is foreign built, the date of her purchase abroad must be given and the following documents appended : — I. Certificate showing that the owner or owners are entitled to fly the Russian flag ; § 314. Registra- tion oi ship in Russia. ^ Decision of the Department of Cassation of the Governing Senate, 1912, No. 53. * Circular of the II. Department of the Russian Ministrj'^ of Foreign Affairs of 9th December 191 3, No. 13,276 ; Letter of the Section for Commercial Shipping of 2oth September 1904, No. 3996, and of 24th September 1905, No. 4678 to the Russian Consulate General in London. 314. 268 PURCHASE OF VESSELS ABROAD. P. vi., Ch. xvii. 2. Builder's certificate or bill of sale ; 3. Measure brief (ship's register) ; 4. Certificate of survey from the Russian authorities. The forms for flag-patents are supplied by the Section for Com- mercial Shipping to the custom houses and port officials and by these to the ships. ^ The customs officials certify the date and place of issue of flag-patents and affix their seal recording the same on the deed of ownership of the vessel. The fee is 90 copecks for ordinary paper and six roubles for parchment.- The owners are further required to pay 30 copecks per last if the patent is granted for over-sea trade and 15 copecks if for coasting vessels. All these duties are collected by the custom houses or, where such do not exist, by the port author- ities. ^ § 315. Russian subjects buying whalers, or ships intended for other newlv-'^ industries in the waters of the Murman coast, do not require to put purchased into a Russian port for the purpose of having the vessel registered -ships. and of making application for the flag-patent. The registration of such vessels at Russian ports and the issue of flag-patents is effected by the custom house, at the request of the owner of the vessel, on his forwarding copies, attested by a Consul, of the documents enumerated above and of the provisional patent granting the right to hoist the Russian flag, or on the certification by a Russian Consul that there are no obstacles to the granting of a patent to the applicant. The fees, viz., 30 copecks per last, for ships engaged in over-sea trade, and 15 copecks for coasting vessels, must accompany the application.* The capacity of the vessel is dAermined on the basis of the measure-brief, which must be attested by the Consul, if it is granted by the authorities of one of the States with which Russia has entered into an agreement respecting the mutual acceptance of measure-briefs. Patents issued to vessels of this descrip- tion by the custom houses must expressly state that such vessels are permitted to sail in the waters of the Murman coast. ^ Sea-going and river vessels, entire, with or without complete rigging, pay duty as folic ws :— According to the Russian law of 5th June 1912, sea-going iron vessels with their equipment are admitted into Russia free of duty until the ist-i4th January 1928. Iron vessels' intended for navigation on rivers and lakes or on the Caspian Sea, and also coasting steamers, barges and floating cranes intended for work in sea-ports ; pay 30 roubles per ton gross register, and, if propefled by steam, four roubles 50 copecks for every square foot of heating surface of boilers. Wooden vessels for river or sea navigation pay 12 roubles per ton gross register and, if propelled by steam, four roubles 50 copecks for every square foot of heating surface of boilers. Articles included in the ship's inventory (except such as are abso- lutely necessary for the regular and safe navigation of the vessel or are securely fited to her hull, also with the exception of the anchors, chains and hawsers mentioned below, and imported for the purpose of fitting out and rigging sea-going sailing vessels,) are assessed under ^ Trade Reg., Art. 130. ^ Ibid., Art. 131. ' Trade Reg., Art. 132. •• Ibid., Arts. 142-148. * Ibid., Art. 126. ?315. p. VI., Ch. XVII. PURCHASE OF VESSELS ABROAD. 269 the corresponding articles of the Tariff. The precise determination of those articles which are dutiable, together with the vessel, is left to the discretion of the Minister of Finance, in concurrence with the Ministry of Marine, and so far as concerns river and lake-craft, with the concurrence of the Minister of Ways of Communication. Special facilities are given to Russian subjects buying ships in Loans on Russia. On the strength of rules^ issued on the 31st July 1902, ^ 'P^' Russian subjects are entitled to receive from the Ministry of Trade and Industry and the State Bank, loans for acquiring new merchant vessels of Russian material at ship-yards in Russia. Such loans are given at 3-8 per cent, to an amount up to two-thirds of the value of the vessel, for a period which must not exceed 20 years. An exception from this general rule has been temporarily established with regard to ships in the Far East, when loans as above are given for the purchase of vessels which have already been in use and may have been built in foreign shipyards. From the ist January 1913, the Prisutsoije po targooim djelam at the port of Vladivostock is entitled to give to Russian subjects, ships' loans not exceeding 2,000 roubles, in each separate case. This is in order to ensure the speedy progress of the Russian coasting fleet. The money is to buy wooden saihng ships for the purpose of navigating between the ports of the Russian Amur provinces. No distinction is made as to where the ship has been built, whether in Russia or in foreign countries, provided only that the ship has been made seaworthy five years previous to the loan being offered for her purchase. Likewise in order to foster the coast- ing trade in Russian territorial waters of the Far East, the Council of the Russian State Bank makes an exception to the afore-mentioned rules of 31st July 1902, and grants loans through the medium of the section of that bank at Vladivostock to Russian subjects for the pur- chase of sea-going steamers of foreign origin which have already been in use. Such loans are given on acquiring a mortgage on the vessel, and on receiving an original draft from the mortgager for a period provided for by Art. 92 of the Regulations of the State Bank, and in accordance with the technical requirements provided for in the above-mentioned rules of 31st July 1902. If, for covetous or other personal motives, a Russian subject allows, Pun^hment in his name, the fictitious purchase of a ship by a foreigner, although purchases, the said subject has no actual share in that purchase, he is liable to imprisonment for a term of from two to sixteen months. If the foreigner, who has concluded such a transaction, arrives in Russia, he is also subject to arrest. If the captain of a Russian ship sells or appropriates his ship without authorisation to do so, he is punished. Besides paying for all damages, he loses all civil rights, and is sent to prison for a period of five years up to six years. ^ ^ Trade Reg., Art. 149. Svod Zakonov, Vol. XI., Part II. and continua- tions, Ed. 1906, Page 35. ^ Code of Penal Laws, Art. 1223, Ed. 18S5. Continuation. 1912. §315. 270 § 316, Sale of Russian ships abroad. §317. Repatria- tion of the crews of Russian ships sold abroad. CHAPTER XVIIL— Sale of Russian Ships Abroad. Every Russian subject, whether in Russia or abroad, is at hberty to sell a ship which is his own property. ^ In all cases, however, of such sales abroad, the authorisation and co-operation of the State Consul, in whose district the sale takes place, is necessary. 2 Such authorisation can only be given if the captain is able to produce a power of attorney, or some similar properly authenticated document, empowering him to sell the ship, and if the Consul has satisfied him- self that the price stipulated for the ship corresponds with her actual value. 3 If it be recognised that the ship is not in a condition to continue her voyage, and in that case only, the Consul may, after having agreed with the owner's agent or correspondent, or, in their absence, on his own authority, give his consent to the sale, without requiring the production of a power of attorney. It must, however, be shown beyond doubt that the ship is no longer seaworthy.* Should the buyer not be a Russian subject, the Consul, before consenting to the sale, must require all the papers estabhshing the nationality of the ship to be given up to him and, particularly, the deed of ownership, the flag-patent and the customs passport of the ship, with which the captain will have been provided on his departure from Russia. If, for lawful reasons, the captain is unable to produce any one or more of these documents, he must state such reasons in writing. In ports where there is no Russian Consul, the vessels may be sold with the co-operation of the local authorities. Notaries Pubhc, or brokers, in accordance with local usage. ^ The State Consul of the district must then request the local authorities to direct the Notaries Public, brokers, and other persons concerned to interfere in such transactions, if the captain has not proved his right to sell the vessel, and, if the purchaser is not a Russian subject, has failed to dehver the documents establishing the vessel's nationality to the Consul. The above regulations only apply to Finnish ships to the extent that the State Consular Officer of the district is required to satisfy himself that the vendor has the right to sell. Whether the sale takes place in the town where the Consul has his residence, or at some other place in his Consular district, he is required to arrange for the retum of the crew to Russia. « The captain of a vessel that is sold abroad by a Russian subject must send all the members of the crew who signed articles in Russia to the port or town where they joined the ship, the owner paying all travelling expenses and full wages up to the time when it is assumed they will reach their destination, ^ or the Russian port from which ' Trade Reg., Art. 149. 2 /^^;^^ ^j.^ j^^ 3 Qq^^ ^^g Art. 57. * Cons. Reg., Art. 57. •' Trade Reg., Art. 153. * See" Discharge and Dismissal of Sailors." Part VI., Chap. VI. ' Trade Reg., Art. 292. §§ 316, 317. p. VI., Ch. XVIII. SALE OF RUSSIAN SHIPS ABROAD. 271 the vessel last sailed.^ 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 reheved of the obligation to defray their travelling expenses back to Russia. - 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 nationahty 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 incom- plete, 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 regu- lations appl5-ing 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 § 319. Finland. § 320. Sale of Russian vessels abroad to Russian subjects. * 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." - Trade Reg., Art. 292. ?318. Case of the " Lilija." 313, 319, 320. 272 SALE OF RUSSIAN SHIPS ABROAD. P. vi.. Ch. xviir. §321. Finland. Russian flag, the buyer must be provided with a new deed of owner- ship. In any case, not later than in six weeks' time, the owner of the vessel must make known to the Customs House of the port where the vessel is registered — the sale of a ship mentioned in the Russian registers of ships. ^ All other papers belonging to the ship, viz. : the flag-patent, the crew-list (muster roll) and the Russian Customs passport, must be handed over to the buyer. If, however, the vessel is bought by a person who has not the right to hoist the Russian flag, these documents must be taken from the seller and sent to the Section of Commercial Shipping in Petrograd.^ The Maritime Code of Finland contains the following regulations : — The sale of a share in a Finnish vessel to a foreigner is prohibited. If a share is sold to a native of Finland, the other owners are entitled, either individually or collectively, to repurchase such share within three days after it is placed on the market or after they receive notice of the sale ; the seller may then be obliged to state, upon oath, the conditions on which he sold the share. This right of repurchase does not exist in the case of a sale by public auction.^ The captain of a Finnish ship is forbidden to sell the vessel without the express authorisation of the owners, or without the declaration of a competent authority, on examination of the vessel, that she is not seaworthy. §322. Bottomry. CHAPTER XIX.— Bottomry. Bottomry means the mortgage of a ship, her freight, and, if stipu- lated in the bond, her cargo or a part thereof.^ From this definition it appears that it does not matter whether such a money loan is spe- cially described in the bond as a bottom.ry loan or not. Every money loan on the security of a Russian ship, her freight, her cargo, or a part of it, must be considered as bottomry, and is subject to the following special regulations : — A mortgage of the whole or part of the cargo (Respondentia) may only be effected by the captain of a Russian ship if he is not able to obtain the necessary funds by a mortgage of the ship.® The captain of a Russian ship is only entitled to contract a bottomry loan if compelled to do so by urgent necessity, and in the following cases : (i) If at any time it happens that the vessel, while abroad, is absolutely without provisions ; (2) If the ship sustains damage or is deficient in tackle ; (3) If the captain has not money sufficient to pay for the carrying out of necessary repairs, and has not letters of credit, or is unable to raise money on them.'' If the captain is not provided with authority from the owner of the ship to contract a bottomry loan, he must apply to the Russian ^ Trade Reg., Art. 150. Continuation, 1906. ' Ibid., Art. 151. Continuation, 1906. ■■' Maritime Code of Finland, Art. 9. ' Trade Reg., Art. 429. ' Ibid., Art. 431, Ibid., Art. 49. Ibid., Art. 430. §§ 321, 322. p. VI., Ch. XIX. BOTTOMRY. 273 State or Elective Consul of the district in which his ship is then lying, requesting his authority to do so, and mentioning that he is acting in conformity with the regulations as above. The Consul must im- mediately appoint surveyors to examine the provisions or to ascertain the extent of the damage and the necessity for repairs, and to estimate the cost of such repairs. The captain will then, if the necessity is proved, be permitted to borrow, on a bottomry bond, a sum not ex- ceeding that fixed by the surveyors.^ The obligation on the part of the captain to apply to the Consular Officer for permission to effect a bottomry loan, only exists in ports where Russian Consular Officers reside. In other places there is no such obligation.* In Consular practice, the manner in which a bottomry loan is effected is as follows : — The captain, accompanied by his agent or broker, presents himself at the Consulate for a preliminary consultation. The duty of the Consular Officer is then to ascertain the necessity for the loan and the circumstances which have led the captain to fix the amount of the loan at a certain sum ; to find out whether the owners are aware of the captain's intention or not, and whether he has been empowered by them to contract the loan, either by a formal power of attorney or otherwise, or whether he has the consent of their local agents. These preliminaries settled, the day and hour are fixed for negotiating the loan, an advertisement is inserted in the local papers, and the agent or broker is instructed to give notice, on 'Change, to persons who engage in such transactions. On the day appointed, the persons interested assemble at the Consulate, and it is the duty of the Consul to negotiate the loan on the most satisfactory terms for the captain and owners. After settling the question of the seaworthiness, &c., of the vessel, the nature of the voyage, the method and date of repay- ment of the loan, &c., the Consul's chief concern is, firstly, to fix the rate of exchange at which the sum advanced on the mortgage is to be repaid, if the currency at the place of destination of the vessel is different, and secondly to stipulate for as low a premium or rate of interest for the loan as possible. The efforts of the Consul in the owner's interests are most important, as the captain, through ignorance of the language and inexperience of such transactions, and from the difficulties of his position, is often very helpless in carrying out the negotiations. A satisfactory understanding having been arrived at, a deed of agreement is drawn up by the Elective or State Consular Officer in the Consular book, in the presence of the captain, his broker or agent, and the lender. This deed of agreement should state the causes and circumstances of the loan, and all the conditions agreed upon, i.e. an exact declaration of the route to be followed by the ship, a statement of the changes, if any, in the crew, made by the desire of the lender, the quantity of provisions necessary (for what period of time), the rate of exchange at which the loan is made, the amount of interest on the loan, the character of the mortgage (whether ship, freight and/or ^ Cons. Reg., Art. 68. - Opinion of the Commission appointed in 1903 for the Revision of Laws relating to Shipping. §322. 274 BOTTOMRY, P. VI., Ch. XIX. §323. France, Gar- many, 'Italy, Spain. §324. Finland. §325. 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 duphcate, 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 per- mitted 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.^ 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.^ 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. p. VI., Ch. XIX. BOTTOMRY. 275 was expended for the purposes originally indicated, cannot be demanded.^ 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 acknow- ledged by a receipt on the document itself, renders all other copies null and void.^ CHAPTER XX. -Shipwreck and Damage to Russian Ships. The part which a Russian Consul is expected to take in matters re- _ § 326. lating to shipwreck, or any other accident or damage to Russian ships no!fs^[a^^' or their cargoes, depends on whether any agreement exists on the assistance, 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 PubHc — 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, with- out 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. * ^Maritime Code of Finland, Art. 12.4. - Ihid., Art. 126. § 326. 276 SHIPWRECK AND DAMAGE. P. vi., Ch. xx. §327 Shipwreck, Finnish ships. (See § 346.) §328. Average assistance of the Consul to ship's agent. (See § 334.) §329. Damage to ship, Con- sular " Pro- tocol." §330. Jettison. §§ 327, 328, 329, 330. In all such cases, and in the adjustment of claims or disputes arising out of them, the Consul acts as the official representative of the Imperial Russian Government, and in no other capacity ; he is, therefore, expressly forbidden to accept any other power or authorisa- tion. Elective Consular Officers are required to report to the State Con- sular Officer of their district, and the State Consular Officers to the Section of Commercial Shipping, all cases of shipwreck, stranding, or any other accident to Russian ships occurring in their district, and to mention what measures have been adopted by them. Cases relating to Finnish ships are reported by State Consuls to the Governor- General of Finland. The Consular Regulations distinguish between those cases in which the owners or charterers of the vessel or cargo have agents or repre- sentatives on the spot to watch the interests involved, and those in which there are no such agents. I. In the former case, the Consul avoids all direct participation in the proceedings in average and the settlement of claims, and con- fines his offices to giving the agents all the assistance and advice in his power. At the same time the interests of Russian mercantile shipping require him to make a prompt and thorough investigation of all the circumstances connected with the accident. The action of the Consul in an inquiry of this nature is essentially of an adminis- trative character and has nothing in common with either a suit at law or a sea protest. After taking the depositions of the captain and the crew, the Consul must draw up a " protocol," stating all the circumstances of the accident, specifying the nature of the loss or damage and giving any other details which may be essential. He must assure himself of the actual existence of damage and of the correctness of the de- positions made before him. The "protocol" must be signed by the captain and the crew, or at least by the chief members thereof, and countersigned by the Consul. ^ As the log book on Russian ships must be written in Russian, and as the aforesaid protocol is based on the log book, it follows that the protocol must be written in the Russian language. Elective Consular Officers must see that this is done. If, in order to save the ship and the remainder of the cargo, the captain is compelled to jettison a portion of the cargo, he must draw up an exact report of all the circumstances, which must be signed by himself and the chief members of the crew, and produced, if in foreign waters, to the nearest Consular Officer. He must make an exact list of the goods jettisoned, showing their quantity, description and value, and must state whether all the instructions contained in Arts. 447 and 448 of the Russian Trades Regulations have been observed. These articles are as follows : — If, in order to avoid danger or to save the ship or the cargo from shipwreck or destruction, it be necessary to cut away the anchor, ropes, masts or rigging, the captain must, if possible, strike the first ^ Cons. Reg., Arts. 61 and 62. p. VI., Ch. XX. SHIPWRECK AND DAMAGE. 277 blow with the axe. If this is not possible, he must instruct the first and second mate and two or three of the ship's crew to do so. Like- wise, if part of the cargo has to be jettisoned in order to lighten the ship, a representative of the owner of the cargo, if present on board, must, if possible, be the first to jettison. Should he decline to do so, and the captain consider the step necessary, he must give orders to two or three of the ship's crew to throw the cargo overboard. In this case it is necessary, as far as conditions permit, to jettison those goods which are of less worth and to preserve the more valuable. If a Russian merchant ship has on board ordnance or ammunition, or commissariat, or other army or navy stores belonging to the Russian Government, they must not be jettisoned, unless, by sacrificing part, the remainder can be saved ; and this must be done with care, the captain being held responsible for such cargo. If, for some reason, the captain has not been able to comply with the instructions contained in the Articles, he must state the reasons in his report. This report, together with a list of the goods that have been saved, is annexed to the Consul's " protocol," and a certified copy of the latter is sent by the Consul to the Section for Commercial Shipping. A second copy of the protocol and one of the inventory of the goods saved, together with a copy of the captain's report, must be sent to the owners of the cargo, either directly through their corre- spondent or, if there is no such correspondent, through the Section for Commercial Shipping. Finnish ships are also subject to the rules enumerated above. The Finnish Sea Regulations (Art. 46) provide that : " In the event of an accident in a foreign country, the captain must make a declaration and report in accordance with the laws of that country." This regula- tion only relates to the procedure in average. As regards the report _ of the captain and the Consular " protocol" above described (Art. 62 of the Russian Consular Regulations), Finnish captains are under the same obhgation as Russian captains, it being obvious that the Consul must exercise control over all ships sailing under the Russian flag, and the drawing up of the protocol as above is essential to such proper control. The reports of Elective Consular Officers must be sent to their State Consul. The captain not having the right to incur any expenses for repairs to the ship without the knowledge and consent of the agents or corre- spondents of the owners, all accounts for repairs must be signed both by the captain and by the correspondent or agent. ^ The Consul only attests their signatures. 2. In the second case, viz., if the charterers, or the owners of the ship, have no correspondent or agent on the spot, or if such corre- spondent or agent decline to interfere, the Consul, acting in his stead, is solely responsible for any steps he takes and for any errors or omis- sions which may be rightly imputed to him. He is strongly recom- mended, therefore, to secure the co-operation of the underwriters of the ship and cargo, who should proceed with the salvage operations * Trades Reg., Art. 218. §331. Jettison of Govern- ment pro- perty. § 332. Jettison: captain's report. § 333. Jettison from Fin- nish ships. § 334. Average, Consul's assistance in absence of agent of ship. (See § 328.) §§ 331, 332, 333, 334. 278 SHIPWRECK AND DAMAGE. P. vi., Ch. xx. §335. Average, Sea-protest. §336. Average, examina- tion and estimate of damages. §337. Average adjustment. §§ 335, 336, 337. under the Consul's direction, unless the laws of the country, as men- tioned above, provide otherwise. If it be impossible to obtain the co-operation of the underwriters, the Consul must himself take steps for the salvage of the ship and cargo. He must also take the necessary proceedings in average, i.e., note and extend protest, order survey, estimate the amount of damage and the repairs necessary, make a valuation of the goods that have been saved and adjust the average. (a) The sea-protest must contain all particulars of the damage, and must be in accordance with Arts. 460 and 461 of the Russian Trade Regulations, which are as follows : — " If a ship arrive at a port after having encountered storms or strong winds, and the captain, in spite of every possible precaution for the safety of the cargo, has reason to suspect that it is damaged, he must, without opening the ship's hatches, note a protest to such effect before a Notary Public within 24 hours after reaching port, and give an explanation in the notice handed in to the customs according to the customs regulations. Further, within seven days from the day of arrival at the port, he is bound to extend the protest, i.e., to make a statement on oath before a Notary Pubhc and in the pre- sence of two sworn witnesses. The mate, carpenter, and two or more of the ship's crew must give evidence that the loss was not due to their carelessness or inelhciency. The same rules must be complied with by the captain when the ship, through stress of weather, has lost her masts ; or when, in order to avoid danger, or to save the ship or cargo, a mast has been cut away ; or when part of the cargo or other articles have been jettisoned to hghten the vessel. The mate, car- penter, and two or more of the ship's crew must also give evidence that the mast was cut down or part of the cargo thrown overboard as an absolute necessity, or in order to save the ship or the remaining cargo." (b) The Consul must arrange to have the damage examined and the repairs estimated by surveyors or, in the absence of such, by other reliable persons ; but always in the presence or in that of a deputy from the Consulate. After completion of the survey and estimate, the surveyors, or the persons appointed in their place, must make their declaration on oath and before a Notary and witnesses, or before the Consul himself. The survey and estimate of goods saved must be made in the same way, observing the same formalities. (c) The Consul must assist in adjusting the average. In doing so. Consuls will benefit by consulting the York-Antwerp rules, Liverpool edition, 1890, which will be found in every Manual of Shipping Law. The Consul must draw up (in book No. 6b) a detailed " protocol " as to the survey of the damage, the estimate of repairs and the average adjustment. If, from the nature of the case, disputes are hkely to arise between the owners of the ship or the cargo and the underwriters, the above regulations and formalities are especially necessary in order to supply the competent tribunals with exact and reliable data on which to base their judgment. The Consul must endeavour to obtain from the local authorities an equitable reduction of the customs' duties, or even an entire exemption from them on goods which have been p. VI., Ch. XX. SHIPWRECK AND DAMAGE, 279 damaged by sea water, or which circumstances obhge him to sell immediately. He must certify the correctness of all accounts for repairs, and is responsible to those concerned for all expenses incurred. State Consuls must report all particulars as above to the Section for Commercial Shipping, forwarding legalised copies of the sea-protest and of the " protocol" drawn up in book No. 6b. Elective Consular Officers report to their State Consul. In cases of shipwreck or damage to Finnish vessels, the procedure ^^gj^gg o£ in average is undertaken by the local authorities as already men- Finnish tioned. The Consul must send a legalised copy of the "protocol" vessels. to the Governor-General of Finland. When an accident occurs at a distance from the residence of the Consul, he must satisfy himself that the captain has acted in conformity with the general regulations — that is to say, that he has made a declaration at the nearest port, either before a Notary Public or some other authority, upon oath, giving all particulars of the accident, the damage done, and the quantity of cargo jettisoned, if any. The Consul must take charge of the crew of a shipwrecked vessel. § 339. He is authorised to supply their immediate wants, to provide them pQ^g^Jfar^' with clothes, boots, &c., and with money for their maintenance and assistance for their conveyance by the cheapest route, either overland or by to crew, sea, to the nearest Russian Consulate on the way to Russia, if war or any other circumstance prevents their being sent to that country by a direct sea-route. ^lembers of the crews of shipwrecked Russian vessels, if they are sent home as passengers, either overland or by sea, must be provided by the State Consul who sends them with passports to enable them to enter the country ; but if it is possible to enrol them in the crew-lists of homeward-bound Russian vessels, passports are not necessary. Elective Consular Officers report all cases of this nature to their State Consul, forwarding accounts and vouchers for all expenses incurred, e.g. for board and lodging, for articles of clothing, money advanced, &c., and the State Consul reports to the :\Iinistry of Marine if the men belonged to a man-of-war ; to the Section for Commercial Shipping if they belonged to a Russian merchant vessel, and to the Governor-General of Finland in the case of the crew of a Finnish ship. {B.) If an agreement exists on the subject of shipwreck or damage § 340. to vessels between Russia and the State in which the Consul resides. Shipwreck, he is bound not only to observe the Consular Regulations mentioned ^^^ in section (.4), but also the terms of such agreements. The stipu- Austria. lations of these agreements are more or less detailed. Thus, the Treaty of Commerce and Navigation between Russia and Austria of the 2nd/i4th September i860 only contains a short paragraph dealing with the right of intervention on the part of Russian Consular Officers in cases of shipwreck of Russian vessels. This paragraph (Art. 11) is as follows : "If the owner or the captain of the damaged vessel, or an agent of the said owner, is not on the spot, or if, being '^ §§ 338, 339. 340. 28o SHIPWRECK AND DAMAGE. P. vi., Ch. xx. §341. Shipwreck, agreement with Greece. present, he desire it, Russian Consular Officers are authorised to intervene in affairs of shipwreck of Russian vessels and to render assistance and co-operation to their countrymen." The Treaty of Commerce and Navigation between Russia and Greece of the 12th June 1850, Art. 3, provides that, in cases of ship- wreck, the vessels or any part of them, their tackle and anything else belonging to them, the ship's papers and other documents on board, together with the cargo and any property saved from the ship, must be handed to the owners of such property or their attorneys, or to that Consular Agent of their country whose residence is nearest to the place where the shipwreck occurred. If the owner of the property recovered from the wreck is not known, advertisements must be published calling for the owners, and, after a reasonable interval, should the owner not appear, the property will, if it is proved that the shipwrecked vessel was of Russian nationality, be handed over to the Russian Government. § 342. Shipwreck, agreement with Bel- gium. More detailed stipulations are to be found in the treaty of Com- merce and Navigation between Russia and Belgium of the 28th May/gth June 1858. According to Art. 19 of this treaty : " All operations relating to the salvage of shipwrecked Russian vessels, stranded or abandoned on the Belgian coast, are to be conducted under the superintendence of the Russian Consular Officer of the district, to whom such vessels, or the remains thereof, their tackle and appurtenances, and all cargo salved, or the value realised by its sale, and all papers found on board of the vessels, are to be handed over. The local authorities are required to maintain order, to watch the interests of the salvors, if they are not members of the crew of the vessel, and to enforce the regulations relating to the receipt and dispatch of goods recovered from the wrecked or aban- doned vessel. In the absence, and previous to the arrival, of the Consular Officer, the local authorities must take the requisite measures to protect the persons and property recovered from the wreck, the Consul, owner, or agents of the vessel being required to pay only such expenses of safeguarding, salvage, and quarantine as would be paid by a Belgian vessel in similar circumstances. The goods saved from the wreck are not liable to State or communal taxation or duties until they are admitted into the country for use or sale. §343. Shipwreck, agreement with Great Britain. §344. Shipwreck, agreements with Italy and Peru. §§ 341, 342, 343, 344. The treaty with Great Britain of the 31st December/i2th January 1858/9, Art. 16, contains the same stipulation, with the addition, that the Consular Officer is bound to make his claim for the ship and all belonging to her within the limit of time prescribed by law. The goods saved, if placed on the local market, are charged the same customs duties as if they had been imported by British vessels. The treaties with Italy of the r6th/28th September 1863, Art. 18. and with Peru of the 4th/i6th March 1874, Art. 14, contain similar stipulations. p. VI., Ch. XX. SHIPWRECK AND DAMAGE. 281 More explicit instructions regarding shipwrecks and damage to vessels are to be found in the Consular agreements concluded by Russia with France, 20th March/ist April 1874 ; Germany, 26th November/8th December 1874 ; Italy, i6th/28th April 1875 ; Spain, iith/23rd February 1876. ^ In accordance with these agreements, and in the absence of a representative of the charterer or owner of the ship, the Russian Consul must undertake the procedure in average in the following cases : — 1. If all the persons interested are Russian subjects ; in which case the application of Russian law cannot be objected to by them. 2. If a special agreement has been come to by all the persons interested empowering the Consul to undertake the procedure in average. In practice this is only possible when the average is unim- portant, and when it is, above all, desirable to minimise expense. Both the above cases are rather exceptional. As a general rule the interests of several nationalities are involved in a merchant ship. Thus, Russian ships and cargoes are for the most part insured in Hamburg, Copenhagen, and London, where the conditions and formali- ties are simpler and less costly than in Russia. Most of the Russian export trade is in the hands of foreigners. The interests, therefore, of foreign insurers, consignees, shipbrokers, agents, and, finally, of all persons who have taken part in salving the ship and cargo, are involved in nearly every case of average of a Russian ship. The procedure in average is, consequently, in the majority of cases, under- taken by the local authorities, the action of the Consul being confined to instituting the inquiries mentioned above and to drawing up a report on the subject for the Russian Government. The rules contained in the above agreements as to the procedure in average meet the conditions of international trade. It is clear that, in cases of average, the Consul can have no legal power over foreigners. Consuls are recommended, therefore, to call the atten- tion of interested parties to the fact that, as a document concerning average drawn up in the Consulate may possibly be of no value outside the Russian Empire, it is, generally speaking, advisable that the protest be drawn up before a competent local authority. Foreigners living in Russia are, in questions of collision or average of ships, under the jurisdiction of the local commercial or district courts, whether as regards disputes among themselves, or with Russian subjects, in accordance with Art. 224 of the Russian Civil procedure. 1 Identical stipulations are to be found in the Consular Agreements concluded between Italy and Portugal (Art. 15). Germany and Spain (Art. 17), Italy and the Netherlands (Art. 15), Italy and Belgium (.\rt. 13), Italy and the United States of North America (Art. 14), the United States of North America and the Netherlands (Art. 13), the United States of North America and Belgium (Art. 13), Italy and Roumania (Art. 29), Belgium and Spain (Art. 13), Germany and Greece (Art. 13). §345. Shipwreck, agreements with France, Germany, Italy and Spain §345. 282 SHIPWRECK AND DAMAGE. P. vi., Ch. xx. §346. Shipwreck, Finnish ships. (See § 327. The Finnish Maritime Code contains the following further regulations as to shipwrecks :— Before commencing the repairs of a ship after a shipwreck or accident, or before making any important disbursements on account of any unforeseen requirement, the captain must have the vessel surveyed or take other measures to establish the nature and extent of the damage. He must then demand vouchers for the sums ex- pended, and the account must be verified by the Consul, or in some other manner which furnishes the required evidence. The captain may also be required to testify to the accuracy of the accounts upon oath.i A seaman who has served on board a Finnish vessel which has been wrecked is entitled to receive the wages due to him up to the day of the wreck. - If the members of the crew of a Finnish ship abandon her in the open sea without sufficient reason, or are negligent in the work of salvage after an accident, they forfeit their right either to the whole or to a portion of their wages, according to circumstances.^ No freight is payable on cargo stolen by pirates or entirely de- stroyed by other means, i.e., by shipwreck, fire on board ship, or other accident. If the freight has been paid in advance, it must be refunded. Freight must be paid in full on merchandise that has been saved from a wreck or freed from an embargo, if such merchandise is con- veyed to, and delivered at, the port of destination. On the other hand, no freight is payable if the vessel and the cargo are abandoned by the captain and crew in the open sea and the salvage is effected by strangers.* § 347. Priority 0^ claims against Finnish ships. CHAPTER XXI. — Priority of Claims against Finnish Ships. The following claims against vessels have priority in the order in which they are given : 1. Salvage claims, while the vessel remains at the place where such claims are payable. 2. Pilotage, port-charges, fire dues and other local charges, if claimed while the vessel is still in port. 3. Wages and emoluments of the captain and crew, dating from their last engagement. 4. The ship's contribution in average ; the price of goods sold by the captain to supply the urgent needs of the vessel ; bottomry ^ Maritime Code of Finland, Art. 48. ^ Ibid., Art. 72. See also § 229 of this Guide. * Maritime Code of Finland, Art. 74. * Ibid., Art. 108. §§ 346, 347. p. vr., Ch. XXI. PRIORITY OF CLAIMS. 283 loans, with interest and premiums, and all loans in specie or in merchandise contracted by the captain for the immediate needs of the vessel or crew during the voyage. The claims here indicated have equal rights, if they are contracted in the same port, or on the occasion of the same accident ; should such not be the case, the more recently contracted liabilities have priority over the earlier ones, and those contracted during the last voyage over those contracted previously. 5. Compensation or discount due to charterers for errors in tallying the cargo during loading or discharging of same ; or for injury to the goods through the neghgence or fault of the captain or crew ; or for damages to another vessel by collision, provided always that the liabilities under this head were incurred on the last voyage. 6. Amounts due for revictuaUing or refurnishing the vessel, if such debts were contracted in cases of emergency and the vessel has not yet left the port where the loan was effected. 7. Amounts due from owners for repairs, reconstruction or any necessary alterations in the ship, if such debts have priority b}' a special agreement, the priority being restricted to a time limit of six months. 8. Advances, with interest, made by owners to one of their own number who has not yet paid up his share for the construction, repair, or equipment of the vessel. These advances must be claimed within six months after they are effected.^ ^ Maritime Code of Finland, Art. 12. 347. 284 PART VII. Duties connected with the Imperial Russian Navy. CHAPTER I.— Arrival of Warships. § 348. Immediately on arrival in port of a Russian ship of war, the Consul Warship°* must send his agent to the commander to point out to him a safe anchorage. This agent must also inform the commander whether any epidemic or infectious diseases exist in the place, whether any local malady rages, and whether, in general, it is necessary to take any particular measures of precaution for the health of the crew. He must further acquaint him with the quarantine regulations, where such exist, and the particular police regulations and local customs which are necessary to be observed. ^ On the occasion of their first visit on board, which must be made in uniform, the Consul-Generals receive a salute of nine guns, and the Consuls a salute of seven guns. No mark of honour is paid them in a port where there is a representative of His Majesty the Emperor. Vice-Consuls and other commercial agents of an inferior rank are not entitled to a salute. ^ The official visits between the Consuls and commanders of ships of war must be made in the following order : — 1. Consuls-General, Consuls, and other Consular Agents must pay the first visit to the commanders of a squadron or small squadron flying the commander's pendant, immediately on their arrival in port, if not prevented by the weather. 2. The commander of a ship on his arrival in the port pays the first visit to the Consul-General. 3. Consuls and Vice-Consuls must pay the first visit to a com- mander of a ship of war. 4. Official visits are only paid on the first arrival of the ship of war in the port or a place where a Consul resides. 5. These visits must be paid within 24 hours, if the weather or other serious hindrances do not interfere. ^ The Consul will transfer to the commander of a man-of-war the police control over all the Russian merchant ships in the port. In , case of disobedience on the part of the crew, or any disturbance which may take place on board a merchant vessel, the Consul must ask the assistance of the commander of the ship of war to reduce the crew to obedience and to re-estabhsh order.* As the naval authorities require to be constantly posted as to the whereabouts of Russian ships of war when on long voyages in ^ Cons. Reg., Art. 25. * Ibid., Art. 27. 3 Ibid., Art. 28. * Ibid., Art. 31. 348. p. VII., Ch. I. ARRIVAL OF WARSHIPS. 285 foreign waters, Consular Officers at seaports are required to report to the Department of Inspection of the Ministry of Marine, the arrival and departure at such seaports of all Russian warships and any occurrences of importance that take place on board of such vessels while they are abroad. ^ Elective Consular Officers report to their State Consul. CHAPTER II.— Pilotage and Fresh Water. As soon as the Consular Officer has been apprised of the expected § 349. arrival of a ship of war in a port, the entrance to which requires the Warships, assistance of a pilot, he must take the necessary steps to send some- one to meet the ship as soon as sighted. In every case the Consul must pay for the service rendered by pilots, and such payments must be made on production of certificates given by the commanders of ships of war. State Consuls must apply to the Ministry of Marine for the reimbursement of these outlays, 2 Elective Consular Officers to the State Consuls to whom they are subordinate. The amount of remuneration paid to pilots for their services is determined by the local scale of charges, the amount varying in some ports according to the spot where the pilot is taken on board. As, however, the scales of charges referred to are frequently not known to captains, or may not be understood by them, it is desirable, when the pilot's account is presented at the Consulate, that it be checked by the Consul, for which purpose a copy of the local scale of pilotage charges should be kept in the office. ^ The Consul must inform the commander of the war vessel as soon 5 350, Fr6Sii as possible where and how he can obtain a supply of fresh water. Water. CHAPTER III.— Assistance to Officers of the Navy. Consular Officers are bound to afford assistance and protection to § 351. all Officers of the Imperial Russian Navy and to other employees ^^^^Jj^^® of the Russian Ministry of Marine who are on special missions abroad.* manders of Especially they must render, as far as they are able to do so, every Warships assistance to the Officers of the Imperial Russian Navy whenever QfficSs!^*^*^ they are required to do so by the commander of a Russian ship of ^ Circular of the Ministry of Foreign Affairs of the 27th November 1857, 117 No. . 12,371 2 Cons. Reg., Art. 21. 3 Circular of the II. Department of the Ministry of Foreign Affairs of 29th December 1S98, No. 11,741. •« Circular of the II. Department of the Ministry of Foreign Affairs of 13th 1061 February 1861, No. . ^^^ §§ 349, 350. 351. 286 ASSISTANCE TO OFFICERS OF THE NAVY. P. vii., Ch. hi. war. They will particularly endeavour to make themselves useful on all occasions when they can facihtate the relations between the com- mander and crew and the local authorities, bankers, &c.^ The Consul must inform the commander of the marks of honour to be paid to the forts, ships of war, and the local authorities, in con- formity with the regulations and customs of the port, and as paid by the ships of other nations. ^ The Consul must give the commander a hst of the local authorities to whom in his opinion the commander should pay his visit, and must accompany him on all such visits.^ Experience teaches that it is advisable for Russian Consular Officers to make sure beforehand, privately, that the official calls of a com- mander of a Russian warship will be duly reciprocated, before they give to the commander a hst of local authorities to be called upon. The Consul must do his best to estabhsh and maintain a good understanding between the commanders of ships and the local authorities ; he must try at the same time to prevent and to settle all disagreements with the inhabitants.* §352. Accounts and Pur- chases for Warships. CHAPTER IV. — Purchases and Accounts of Warships. The Consul must assist the commander in his purchases, in engaging workmen, and in obtaining everything necessary for repairing the ships and transports. When a Russian ship of war puts into a port where a Consul resides, for repair or provisions, necessary articles or money, the commander must send the Consul a detailed hst of everything he requires, and the latter must provide the same on the most favourable terms. In case any of the materials or articles required should not be procurable in the port, the Consul must obtain the assistance of the local authority, if desired to do so by the commander.'^ In delivering the articles ordered to the commander of the ship, against a receipt, the Consul must send him an account showing the price of the articles supphed, or the money he may have advanced. He must sign this account himself, declaring at the same time whether the amount has been repaid to him or not. Payments which the Consul has made on account of the Ministry of Marine in setthng the accounts of commanders of ships of war, must be certified by the signature of the commander and countersigned by the paymaster. In cases of extreme necessity the Consul shall, if requested by the commander, provide him with money and receive in exchange drafts on the Ministry of Marine." State Consular Officers are not entitled to any commission what- ^ Cons. Reg., Art. 20. * Ibid., Art. 30. '^ Ibid.. Art. 26. ^ Ibid.. Art. 22. ■'* Tbid., Art. 29. ^ Ibid., Art. 23. 352. p. VII., Ch. IV. PURCHASES, &c., OF WARSHIPS. 287 ever on supplies which they have made to ships of war. As to Elective Consular Officers their commission is fixed as follows : — 1. If the service rendered by them is a delivery in kind or money, they receive 2 per cent, of the total sum expended. 2. If it is only a matter of attention and management, without disbursements or the purchasing of articles of whatsoever value. Consuls, Vice-Consuls, and Consular Agents receive on making their report, 50 roubles for each ship of war which has stayed more than five days in the port. But this indemnification is only granted them when the amount of 2 per cent, due to them for services rendered in kind or in money does not reach 50 roubles silver ; in this case the commission is not allowed. In the contrary case, the remuneration is limited to 2 per cent.^ Accounts of purchases and payments made by commanders of Russian war vessels must only be certified by Russian Consular Officers when the latter can guarantee their authenticity. ^ This is done : — 1. If the payment of the account is made by the Consul himself, 2. If it is made in his presence, and only refers to the fact that payment has been made in accordance with the account. An Elective Consular Officer, therefore, certifies in the following terms : " Le Consnlat de Russe a certifie que le comfte ct-dessus a ete acqnitte." This attestation is always done free of charge. From the above it appears that Consular Officers, when certifying the accounts of Russian men-of-war, are not bound to make sure that the figures of the account correspond with the prices current in the locahty. The Imperial decree of the 14th May 1873, contains the following provisions : — In the event of the transfer, for whatever reason, of a balance of credit from one vessel to another, the commander of the vessel from which the transfer is made must endorse the letter of credit to the required effect, such endorsement being countersigned by the pay- master and sealed with the ship's seal. The signature and counter- signature must then be attested, if possible, by a Russian State or Elective Consular Officer. All drafts must be signed by the com- mander, countersigned by the paymaster, and sealed with the ship's seal. The signature and counter-signature must, if possible, be attested by a Russian Consular Officer. If the money is paid over by the Consul upon a letter of credit or against a banker's draft, he must require reimbursement from the banker ; but if the draft is on the Ministry of Marine, the Consul must communicate therewith, enclosing particulars of the rate of exchange at the time when the draft was issued, the captain's demand, and the draft itself. Should the draft have been endorsed by the ^ Cons. Reg., Art. 24. * Circular of the II. Department of the Ministry of Foreign Affairs, loth May 1899, No. 4108. §352. 288 PURCHASES, &c., OF WARSHIPS. P. vii., Ch. iv. Consul and transferred to someone else, he must send a copy of the draft to the Ministry of Marine. When drawing money, whether on letters of credit or bills, in currency other than that of such bills or letters of credit, or when exchanging money of one country for that of another, the paymaster must require from the banker or money-changer or, if the transaction takes place through the Consulate, from the Consular Officer, vouchers or accounts showing the actual amount of money received, the currency and the rate of exchange. If written contracts or agreements are entered into for the supply of stores or provisions to a warship, such contracts or agreements must be effected by the Consul, the particulars being supplied by the commander of the ship, except when, owing to special circum- stances, the commander finds it possible to effect such agreement himself and on his own responsibility. The original agreements con- cluded by or through the Consul must be preserved in the Consular archives, and copies of same supplied to the commander, and vice versa. All goods supplied by the Consul must be paid for against detailed invoices, as soon as the delivery of the goods is completed.^ The ships of His Imperial Majesty's Navy have no official pur- veyors or caterers. No ship of His Imperial Majesty's Navy is responsible for debts contracted by any purveyors or caterers who have been in business connection with such ships. § 353. Invalids on board oJ Warships. CHAPTER V.^ — Invalids on Board of Warships. If it is necessary to land a person from a ship of war on account of illness, the Consul must apply to the local authorities for the im- mediate admittance of the patient into a hospital, or make some other provision for him. He must visit the patient at least once a week, enquire after his wants, and see whether he is properly cared for. On the recovery of an invahd, the Consul must send him on board the first Russian or foreign vessel leaving for Russia, and place all the expenses incurred to the account of the Ministry of Marine.^ The Consul must record, on the passports of the persons whom he thus forwards to Russia, the amounts he has paid them. These advances will be reimbursed immediately on his transmitting a detailed report to the Ministry of Marine. ^ ^ Maritime Code, Arts. 246, 247, 251, 254, and 255. - Cons. Reg., Art. 40. * Cons. Reg., Art. 45. §353. 289 CHAPTER VI. — Dismissal of Men belonging to Warships. If the commander of a ship of war finds it necessary to disembark Dismissal men engaged by him, or to leave them on shore, or to leave behind of Men be- him any articles not belonging to the ship, the Consul must take ^^^^? *° charge of the men and assign a suitable store for the articles ; but the commander may only have recourse to this measure in extreme cases and for vaUd reasons, which he must explain to the Consul.^ CHAPTER Vn. -Death of Men belonging to Warships. ships. In the event of the death of a person forming part of the crew of or Death of attached to a Russian ship of war, the Consul must arrange for his Men belong- burial, if possible — while complying with the customs of the country — !S?„!,°-^*^' in accordance with the rites of the rehgious persuasion- to which the deceased belonged. The Consular Officer must forward to the Ministry of Marine all the necessary documents, and observe the same rules as in the case of death of a seaman belonging to a Russian merchant vessel. - CHAPTER VHL— Articles Left Behind by Ships of War. ^356. Ira ship of war, being suddenly obhged to leave the port, be com- pelled to leave behind anchors, chains, boats or any other articles, behind by i stores or provisions, the Consular Officer must arrange for their safe Warships. keeping in accordance with instructions or, in the absence of such instructions, according to his own judgment. He must report upon the measures he has seen fit to adopt to the Ministry of Marine. If, in consequence of instructions given to the Consular Offtcer, or owing to the perishable nature of the goods, or to the cost of keeping them, it is considered advisable to sell them, such sale can only take place by pubhc auction. An official account of the sale must be made out and forwarded, with the other documents and the proceeds of the sale, to the Ministry of Marine.^ Cons. Reg., Art. 32. Ibid., Art. 41 ; see also " Deaths of Sailors," Part VI., Chap. XIV. Ibid., Art. 33. ss 354, 355, 356. 290 §357. Protection of Russian Subjects by Warships. CHAPTER IX. — Protection of Russian Subjects BY Warships. In any exceptional political situation the Consular Officer may, with a view to the protection of Russian subjects and their property, request the commander of a Russian ship of war to take measures for their safety. This request must be made in writing. On receipt of it, the com- mander of the vessel must acquaint the Consular Officer with the purport of any instructions he may have received for such a con- tingency and report the matter to his immediate chief and to the Ministry of Marine.^ §358. Exterrito- riality of Warships. CHAPTER X. — Exterritoriality of Warships. A FOREIGN ship of war, i.e., any vessel belonging to a foreign navy and having on board a military commander and crew, represents the sovereignty, independence, and power of the State to which it belongs ; it must, therefore, whether on the high seas or in the ter- ritorial waters of another State, be regarded as a floating portion of the territory of the State to which it belongs, i.e., it is exterri- torial. A warship on entering a foreign harbour, however, is bound to announce her arrival, to exhibit her flag, declare her class, the number of her crew, her cargo, the name of the commander, the object of her voyage, and the probable duration of her stay. It is only in cases of bad weather, when the safety of the ship is endangered, that men-of-war are exempt from these obhgations in a port of refuge. This generally accorded privilege of warships has found expression in Russia in the Project of the Commission of Redaction of the Penal Code, Vol. I., pp. 52 and 88. According to this project, foreign war- ships enjoy exemption from local jurisdiction, and disputes and crimes committed on board of them are not subject to local laws. It is, however, established by international usage, that if the culprit and the sufferer do not belong to the crew of the warship, the commander may, if he chooses to do so, hand them over to the local authorities for trial. On the other hand, the State in whose waters the offence is committed, is entitled, if the peace or safety of local inhabitants is threatened, to adopt all precautionary measures to prevent such breach of the peace, and may even refuse permission for the ship to enter the port, or if she is already there, may insist on her immediate departure, in accordance with the principles of international relations. Members of the crews of men-of-war committing crimes while they are on shore, are subject to local laws, and the authorities of the place §§ Zhl, 358. ^ Cons. Reg., Art. 46. p. VII., Ch. X. EXTERRITORIALITY OF WARSHIPS. 291 have the option of retaining them in custody, or deUvering them to the captain for trial. If the culprits succeed in reaching the ship before they are arrested, their cases can only be dealt with under the extradition laws. The same rules apply in the case of launches •or boats carrying persons to or from the ship. In the case of a fugitive slave seeking refuge on board of a warship, it is important to know whether the captain is obliged to surrender him or not. To solve this question it is necessary to take into con- sideration the fact that, according to the laws of all civilised nations, every slave is free from the moment he sets foot on their territory, and as warships are regarded as part of the territory of the State to which they belong, a slave becomes free the instant he steps on board. On the other hand, the act of escaping from a condition of slavery is not regarded by civilised nations as a breach of lawful contract. The commander of a warship is therefore justified in refusing to surrender a fugitive slave who has taken refuge on board of his vessel. Great Britain has expressed these principles in the Slave Circular of 1876, according to which (§ i) demands for the surrender of fugitive slaves who have taken refuge on board of British men-of-war cannot be acceded to, and (§ 2) it is impossible to estabhsh general rules which would apply to every case of a fugitive slave seeking refuge on board of a British man-of-war. The question is thus a questio jacti depending entirely on the discretion of the commander. When any portion of the crew of a foreign man-of-war is on shore in the exercise of military duties, they are to be regarded as in organic communication with the warship and therefore as exterritorial. A military landing, however, cannot be effected otherwise than with the knowledge and special consent of the local authorities. Foreign warships are, moreover, exempt from local customs duties ; they cannot be inspected by customs officials, and all access to the ship in the interests of the customs is prohibited. Similarly, warships are exempt from the jurisdiction of the local police. They must, however, obey the regulations of the port where they may happen to be, as well as local sanitary requirements. Some- times this principle is embodied in special State Conventions : thus, the State Convention concluded between England and Peru on the loth April 1850,^ provides that the admission of warships belonging to the contracting parties to each other's ports and harbours is subject to their observance of all rules and regulations in force at such ports. It must be understood, moreover, that no State loses its right of legitimate self-defence even in respect of a foreign ship of war which is in its waters. Thus, in 1832, the Court of Cassation at Paris decided, in connection with the affair of the Sardinian warship " Carlo Alberto," which had clandestinely entered the port of Marseilles with several persons on board who, in concert with the Duchess of Berry, intended to carry out a plot against the French Government, " that the privilege established by international law for warships of neutral and allied ^ This matter is treated in greater detail in " L'Exterritorialite " by the author, 2 Ed., 1900, Petrograd. 358. 292 EXTERRITORIALITY OF WARSHIPS. P. vii., Ch. x. States was forfeited the moment that such a ship was concerned in an overt act of hostihty against the State in whose waters it then was, and that, in the specific case of the ' Carlo Alberto,' the vessel was to be regarded as belonging to an enemy and to be dealt with as such." Ships belonging to private persons, and all other ships which do not belong to the Navy and are only employed by a State, without representing the military power of that State, are not invested with the privilege of exterritoriality. However, by special courtesy, certain mail-boats have been accorded the same privilege as ships of war, e.g., in accordance with the mail treaties between Great Britain and France of the 3rd April 1843, Art. 7 (M.N.R.G., IV., p. 181) ; between Great Britain and Belgium of the 19th October 1844, Art. 7 ; between Great Britain and Belgium for the line Ostend to Dover of the 17th February 1876, Art. 6 ; between France and Italy of the 3rd March 1869, Art. 6 ; between Great Britain and Denmark on the 26th June 1846, Art. 3 ; and in the Shipping Treaty concluded between Germany and Mexico, and dated the 5th December 1882^ Art. 6 (Reichsgesetzblatt, 1883, p. 250).^ § 359. Coaling Belligerent Warships. CHAPTER XL — Coaling of Belligerent War Vessels at Neutral Ports. Tn time of war it is important for Consular Officers to know how far the ports of neutral powers can be used by belligerent war vessels for coaling and other purposes. Portugal places no restriction on the use of Portuguese ports by belligerent war vessels for coaling and lying in harbour. It is the usual practice of France to be liberal to belligerents. The French regulations forbid any belligerent vessel to enter or remain in any French port or roadstead for more than 24 hours if they are accompanied by a prize, but in other cases they are much less stringent. The procedure is governed by the following rules : — 1. In no case can a belligerent make use of a French port or one belonging to a protected State for a warlike object, or to supply itself with arms or munitions of war, or to carry out therein, on pretext of repairs, work intended to increase its fighting power. 2. The length of stay in any ports of belligerents unaccompanied by a prize is not limited by any special regulation, but to be authorised to remain there they are bound to conform to the ordinary conditions of neutrality, which may be thus summed up : {a) a vessel admitted to the benefit of asylum must maintain pacific regulations with all ships moored in the same port, and in particular with vessels belonging to their enemies ; (5) the said vessels may not with the aid of resources- ^ This matter is treated in greater detail in " L'Exterritorialite " by the author, 2 Ed., 1900, Petrograd. 359. p. VII., Ch. XI. COALING, &c., AT NEUTRAL PORTS. 293 obtained from land increase their crews or enrol volunteers even from among their own nationals ; (c) they must abstain from all enquiry regarding the forces, position, and resources of their enemies, must not suddenly set out to pursue any who have been reported to them — in a word, they must abstain from making the place of their resi- -dence a base for any operation whatever against the enemy, nor must they employ force or ruse to recover prizes taken by the enemy or to deliver prisoners of their nation. 3. Only victuals, commodities, supplies, and means for effecting repairs, such as may be necessary for the subsistence of the crew and the safety of her navigation, may be furnished to a belligerent vessel. 4. When belligerents or merchant vessels of the two belligerent parties are together in a French port there shall be an interval of not less than 24 hours between the departure of any vessel of one of the belligerents and the subsequent departure of any vessel of the other belligerent. This interval shall be extended in case of need on the order of the maritime authority so far as may be necessary. 5. Belligerents are forbidden to engage in any act of hostility in all the extent of territorial waters. Denmark sanctions a 24 hours' stay, allows coaling sufficient to carry the vessel to the nearest port, and stipulates for a three months' interval between visits. The same rules are observed by the Netherlands and by Italy, with this difference, that they have no restriction as to the interval between the visits, and Italy permits the stay of belligerent vessels and their coaling only in the case oi Joyce majeure, viz., when they are compelled by stress of weather or by other unforeseen circumstances to run into port. China permits a 24 hours' stay at one of her ports after complete provisioning and, if necessary, repairing and coaling sufficient to take a vessel to her destination, and restricts the use of Chinese ports to once in three months. Egypt, by a proclamation of the 2nd March/i8th February 1904, has curtailed the stay of belligerent war vessels in her ports to 24 hours and limits supplies of coals and provisions to a sufficiency to take a ship to her nearest national port, or to the nearest neutral one if the latter be nearer than the former, while the same vessel may only use an Egyptian port once in three months. Great Britain observes the same rules as Egypt as to the limits of •supplies of coal and provisions and restricts the frequency of visits by the same vessel to a British or Colonial port to the same limit of once in three months. The United States of North America also limit the stay of belligerent war vessels in her ports to 24 hours. Sweden and Norway entirely forbid belligerent war vessels to enter their naval ports. Russia, during the Spanish-American war of 1898, adopted the time limit of 24 hours, reserving to her Government the right to extend this time limit at her own discretion. §359. 294 COALING, &c., AT NEUTRAL PORTS. P. vii.. Ch. xi. It may be remarked, that the stipulation that a vessel shall take sufficient coal to enable her to reach the nearest port of her own nationality, or the nearest neutral one, if it be nearer, is neither very clear nor is it usually observed. In practice, belligerent warships are usually permitted to supply themselves with sufficient coal to enable them to reach the nearest coaling station or even the nearest national port, although the nearest neutral port may be much nearer. Con- siderations of a political nature may also in particular instances have influence in modifying these somewhat elastic rules. of War CHAPTER XIL— Contraband of War. § 360. In the Middle Ages belhgerents did not recognise the rights of neutral ^f'lu-fJ'^'^^ powers.^ Such rights were formulated in 1780 by the Russian, Danish,. Swedish Armed Neutrality, but the principles laid down were not generally recognised by all civilised nations- until the Sea Declaration of Paris of 1856, according to which belligerents are to observe the following points with regard to neutral powers : — (a) The flag covers a cargo for a belligerent, excepting contraband of war. {b) Neutral goods under the enemy's flag, with the exception of contraband of war, are not subject to confiscation. (c) Blockades to be obligatory must be effective — that is, they must be of sufficient force to cut off the approaches to the enemy's territory. It is for the belligerents to say, when war has broken out, what articles they will treat as contraband. According to the Imperial order signed by the Emperor of Russia on the 14th February 1904, the following articles are regarded as contraband of war : — 1. Every kind of small arms and guns, complete or in separate parts, and armour. 2. Parts of firearms and ammunition, fuses and shells, and bullets. 3.' Caps, cartridges, cartridge-cases, powder, saltpetre, sulphur, explosives or material for the purposes of explosion, such as mines, dynamite, pyroxilin, various explosive substances, conductors, and everything for exploding mines, and everything appertaining to artillery, engineering, and troop trains, such as gun carriages and limbers, cartridges, ammunition boxes, field smithies, field kitchens, instrument waggons, pontoons, bridge trestles, barbed wire, horse harness for transport service, &c., the material for the equipment and clothing of troops, such as bandoleers, knapsacks, sword belts,' cutlasses, entrenching tools, drums, field kettles, saddles, harness, uniforms, tents, &c. ^ Baron M. Taube : Principles of Peace and Law, Charkow 1899, page 299 (in the Russian language). ^ Bergbohm, Die bewaffnete Neutralitat. Berlin, 1844, page 259. §360 p. VII., Ch. XII. CONTRABAND OF WAR. 295 4. Ships bound for an enemy's port, even if sailing under a neutral commercial flag, if their constructions, internal arrangements, or any other indication make it apparent that they are built for warlike purposes, or are for sale, or destined to be handed over to the enemy on reaching their destination. 5. Every kind of ship's machinery or boilers, mounted or in part ; every kind of fuel, such as coal, naphtha, spirits, &c. ; telegraph and telephone material ; everything intended for war on land or sea. Also rice, foodstuffs, horses, beasts of burden, and any other animals intended for war purposes if they are sent at the enemy's cost or order. This latter clause has been explained by an interpretation approved by the Emperor of Russia on the ist September 1904, to apply to goods addressed to the enemy's Government, army or fleet, fortresses or naval ports and not to private persons or to neutral Governments. This does not apply to horses or animals of burden which are held to be contraband of war under all conditions.^ 6. Neutral States are forbidden to transport the enemy's troops, to carry letters and despatches for the enemy, or to place transports or warships at the enemy's disposal. Neutral ships with contraband of war of an}' sort can, according to circumstances, be not only seized, but also confiscated. The British rule divides contraband goods into two classes. One consists of articles which are only used for the purposes of war, such as arms, and a few others which are peculiarly adapted to such pur- poses — for instance, guncotton. Goods in this class are absolutely contraband. The other class consists of goods which are equally adapted for the purposes of war or peace, and are called conditional contraband. The British Naval Prize Manual treats them as contra- band when their destination is the enemy's naval or military forces or a hostile port of naval or military equipment, but not otherwise. Coal, as an article of immense importance in naval w'arfare but also largely used for other purposes, is deemed to be conditional contraband. The United States and Japan have adopted the doctrine of condi- tional contraband, which, however, though theoretically just, has never found favour with most of the other maritime Powers. They prefer hard and fast rules under which a certain number of articles are always treated as contraband, while all others are entirely exempt from seizure ; but they are not agreed as to what should be considered as contraband of war. As soon as a state of war exists, the cruisers of either belligerent have the right to stop any merchant vessel on the high seas, in order to ascertain her nationahty and destination and whether she has any contraband goods on board. Any attempt to evade this right of search renders the ship liable to condemnation by a prize court. When a ship is reasonably suspected to be carrying contraband goods, * Letter of the Russian Minister of Foreign Affairs of 2nd September 1904, Ko. 42, to the Russian Ambassador in London. §360. 296 CONTRABAND OF WAR. P. vii., Ch. xii. the captor is entitled to take her to a port of his own country for enquiry, and, if it be estabhshed before a prize court that she carries such goods, they are condemned. Generally speaking, according to the prize law of most countries, the ship is not hable to condemnation unless she and the contraband goods belong to the same owner, or unless there has been some fraud or misconduct on the part of the ship- owner or his captain in relation to the carriage of the goods. English authorities on Naval Prize law have expressed the opinion that the ship may be condemned whenever its owner is privy to the carriage of the contraband goods. The Declaration of London of 1909 also adopted the doctrine of conditional contraband, and during the European War of 1914/ 15 the European Powers have made different proclamations as to con- traband of war, in which the provision of this Declaration was adopted with certain modifications. None the less, the doctrine of contraband of war has not gained more precise form through the present war, as some States have added to the Hst of articles which they consider as contraband, a series of articles which were never before considered as such. For instance, Germany has declared wood to be contraband of war. Generally speaking, the present European War has made the position of contraband of war more difficult. Great Britain, availing herself of her paramount sea power, has declared enemy countries to be in a state of blockade and has applied the doctrine of con- tinuous voyage to absolute as well as to conditional contraband. On the other hand, Germany, Austria-Hungary and Turkey have endeavoured to sink any ship saihng under the flag of the Entente Powers. CHAPTER XIII.— Prizes and Prize Courts. The regulations to be observed by Russian Consular Officers in §361, time of war as to prizes and prize courts have been formulated by pJi^?CoS?ts Imperial Decree, signed by His Majesty on the 27th March 1895, According to this decree (Art. 6) in time of naval warfare merchant vessels {i.e., all vessels that do not belong to the navy) may be stopped and examined, in order to make certain of their nationality and strict neutrahty. All vessels belonging to the enemy, whether they be ships of war or merchant vessels, and all articles found on board of such vessels, with the exceptions enumerated below, are legitimate prizes of war, and therefore Hable to confiscation. The exceptions are : — {a) Articles intended for the personal use of members of the crew or of passengers • §361. p. VII., Ch. XIII. PRIZES AND PRIZE COURTS. 297 {b) Articles constituting the property of neutral States or of the subjects of neutral States, unless they come under the head of contraband of war. All articles found on board of a vessel captured from an enemy are regarded as the property of the enemy, unless the opposite can be proved. (Art. 10.) Merchant vessels belonging to a neutral state are hable to con- fiscation as prizes of war in the following cases : — 1. When captured in the act of conveying to the enemy, or to one •of the enemy's ports : — (a) Fire-arms and all accessories to such, or fulminating or explosive substances, in any quantity whatever ; {b) Other contraband of war, in quantities exceeding, either in bulk or weight, one half of the entire cargo ; (c) Reinforcements for the enemy, if, in such cases, it cannot be proved that the declaration of war was not, at the time of capture^ known to the master of the vessel. 2. If captured while attempting to run the blockade, unless it can be shown that the fact of the blockade was not known to the master of the vessel. 3. When armed resistance is offered by a vessel to examination or detention ; and 4. When a vessel has participated in the offensive operations of the enemy. (Art. 11.) The cargo of a merchant vessel belonging to a neutral State is liable to confiscation in the following cases : — 1. When such cargo comes under the head of contraband of war, and is being conveyed to the enemy or to one of the enemy's ports, unless it can be shown that the fact of the declaration of war was not known at the time to the master of the vessel, and, 2. When such cargo is on board of a vessel that is Hable to con- fiscation on the basis of paragraphs 2-4 of Art. 11 {supra), and it cannot be shown that such cargo is the property of Russian subjects, or that it belongs to neutral persons who were not concerned in the acts which have involved confiscation of the vessel (Art. 12). If it is only contraband of war that is hable to confiscation, while the vessel is released {see preceding paragraphs), the vessel is only liable to detention until the contraband can be taken over. The transfer may, at the option of the captor, be made either at the place of capture, or after bringing the vessel to port (Art. 14). The right to detain, examine, and arrest vessels belonging to the enemy or vessels and cargoes that are suspected, appertains to the ships of the Imperial Navy. This right is extended to vessels of the merchant fleet in the following exceptional cases only : — 1. When attacked by an enemy's ship or any other suspicious vessel, and, 2. When rendering assistance to Russian or allied vessels so attacked. §361. 298 PRIZES AND PRIZE COURTS. P. vii., Ch. xiii. The ships and cargoes captured under the conditions here described must be dehvered to the proper authorities, the captors having the right to claim the customary prize money in the event of the confisca- tion of such ships or cargoes. . When arresting a merchant vessel or her cargo, the commander of the ship effecting such arrest must draw up a statement of the grounds for and circumstances of the arrest, and must take every possible precaution for the preservation of the ship and her cargo. The commander is required further : — 1. To detain the captain, supercargo, and any other members of the crew whose evidence he considers may be necessary when the case is tried in the prize courts, independently of whether the persons mentioned are regarded as prisoners of war or not. 2. To secure, make an inventory of, and seal up all documents found on board of the captured vessel (Art. 18). The captain of the captured vessel, the owners, both of the vessel and the cargo, or their representatives, if on the spot, are entitled to be present while the formahties described above are being performed, to make any remarks or suggestions, and to affix their own seals to all articles or compartments that are sealed up (Art. 19). In extreme cases, when the pieservation of the captured vessel is impracticable, either owing to her unsound condition, or to her being of little or no value, or to the risk of recapture by the enemy, or to the distance she would have to be conveyed, or to the ports to which she would have to be taken being blockaded, or to the serious danger threatening her captor, or finally, to difficulties in manoeuvring, the commander is permitted, on his own personal responsibility, to burn or sink the captured vessel, after first taking off her crew and as much as possible of her cargo, and after taking all necessary steps for the preservation of all papers and documents found on board and of any other articles which may be essential for a proper trial of the case in the prize courts. The circumstances leading to the destruction of the vessel must be stated by the commander in a detailed report or protocol (Art. 21). Ships and cargoes captured from the enemy must be conveyed to a Russian port, or, where no such port is available, to that of an allied power, or to the acting Russian fleet (Art. 22). When conveyed to a Russian port, or to the acting fleet, the ship and cargo must be handed over to the naval authorities, together with the necessary documents. The naval authorities, having opened the sealed documents, must take over, make an inventory of and store the property, arranging for the sale by public auction, when necessary, of any portion of such property which, from its nature or conditions, cannot be preserved. At such sales the commander of the vessel that effected the capture, as well as the persons indicated in Art. 19, are entitled to be present and to express their opinions and offer suggestions (Art. 23). 361. p. vii.. Ch. XIII. PRIZES AND PRIZE COURTS. 299 In the absence of naval authorities, the rights and duties of such authorities belong : — 1. In Russian ports to the local port, customs, or police authorities ; and 2. In all ports of alUed powers, with the consent of the Ministry of Marine and the Ministry of Foreign Affairs in agreement with the authorities of the country effecting the capture, to the Russian Naval Agency or the Russian Consulate, or to some other similar institu- tion. Prize courts are competent to give decisions in the following cases : 1. Cases of confiscation or hberation of captured merchant vessels and their cargoes, and of sums of money reahsed by the sale of such vessels or deposited as security for them or for their cargoes to free them from detention. 2. Claims for remuneration for losses sustained through detention, destruction, loss or damage to such ships or cargoes. 3. Restitution of ships or cargoes that have been recaptured from the enemy to their original owners, and the allotment of prize money and expenses payable by the said owners. 4. Allotment and distribution of prize money for the capture and detention, by Russian merchant vessels, of ships and cargoes belonging to the enemy (Art. 58). Having received formal information of the arrival of captured property, the court must, at the very first possible sitting, proceed to take the depositions of such of the members of the crews of both the captured vessel and the captor, and of voluntary witnesses, as may be necessary to a proper consideration of the case (Art. 64). In case of need, and independently of the enquiry described above, the court may, on its own initiative, or at the request of persons whose interests are involved, and either by all or by one or more of its members, inspect the captured property or arrange for its inspection and valua- tion by competent persons (Art. 65). The prize court is at liberty to release any property from arrest before the trial, if a deposit is paid into court equivalent to the value of the property so released. This is determined by sworn valuers or, in their absence, bv other competent persons, who must be not fewer than two in number. The valuation must be made in the presence of at least one member of the court (Art. 66). On the application of the parties and with the consent of the court, the property may be disposed of by public auction before the trial, if such property, from its nature or condition, is not fit for pre- servation, or if, in the opinion of competent persons, its value is in- sufficient to cover the cost of storage (Art. 67). \Mien captured property is brought to a port of an allied power, where there is no prize court, the duties described above are performed §361. 300 PRIZES AND PRIZE COURTS. P. vii., Ch. xiii. by the local Russian Naval Agent, the Russian Consul, or some other person specially appointed for the purpose, in the presence of two witnesses, who must, if possible, be Russian subjects. On the con- clusion of the business, all papers relating to it must be forwarded to the nearest prize court. The Russian Naval Agent or Consul or the person specially appointed to perform the duties described above, is at liberty to take the neces- sary steps with regard to the captured property in accordance with Arts. 66 and 67, whenever it is convenient to await the decision of the prize court (Art. 68). When necessary, the court is empowered to procure additional evidence, to arrange for the exchange of documents by the parties and for the production by them of additional evidence, and to fix the time when such exchange or such production of evidence must take place. The examination of additional witnesses produced in accord- ance with this regulation is conducted either by the court itself, or, by its direction, by a naval authority not concerned in the capture, or by one of the persons mentioned in Art. 68 (Art. 70). On the basis of Arts. 68 and 70, a Russian Consul is permitted to participate in enquiries relating to : — 1. Claims for remuneration for losses incurred through detention, destruction, loss, or damage to merchant vessels. 2. The restitution of merchant vessels or cargoes which have been recaptured from the enemy to their original owners and the allotment of the amount of prize money to be paid by such owners, and 3. The allotment and distribution of prize money for the capture ■of ships and cargoes belonging to the enemy. CHAPTER XIV. — Rules and Regulations for Ships Conducted by an Icebreaker through the Ice. 1. Ships, if in port, must make their request for assistance through the ice to the commander of the port and, when at sea, to the com- mander of the icebreaker. 2. The commander of the port, or, if the icebreaker is outside the Hmits of the port, the commander of the icebreaker, has the right to refuse the request of a ship to be taken in or out of the harbour, if he considers that, owing to construction, shape, power of engines, outfit or loading of the ship the latter will be put into danger by going through the ice. 1 361. p. VII., Ch. XIV. REGULATIONS FOR SHIPS, &c. 301 3. The time of leaving, the order in which the ships have to follow, as well as the number of ships to be taken at a time, is decided by the commander of the icebreaker. 4. The captains of the ships, following the icebreaker, are obhged to follow out the instructions of the commander of the icebreaker with re- gard to movements in the ice, and to act promptly according to his orders. 5. Ships following the icebreaker through the ice must use the sig- nals, as given below, with the steam-whistle or siren. The signals, with exception of Signal VL, are to be repeated by the conducted ships, one ship after the other ; beginning with the ship nearest the icebreaker, if the signal is given by the icebreaker, and in reversed order, if given by one of the ships. 6. Ships following the icebreaker must not overtake one another. 7. Ships following the icebreaker have to be prepared to put their engines immediately full speed astern. 8. Ships in tow through the ice must on no account move their engines without especial order from the commander of the icebreaker ; further, they must be ready at any moment to cast off the tow-rope at the first command from the icebreaker, as well as to give full speed astern if the icebreaker should get stopped in heavy ice. 9. Should a ship, in following the icebreaker through the ice, notice any kind of damage or leakage, she has to signal it at once to the icebreaker, using the international code. 10. In case the captain of a ship should not comply with the instructions given by the icebreaker, the commander of the icebreaker has the right to refuse any further assistance until his instructions are carried out. 11. The Ministry (Board) of Commerce and Industry in person of its representatives is not responsible for any damage the ships may receive whilst being assisted by the icebreaker. 12. Any ship that makes use of the assistance of the icebreaker signifies thereby that she agrees to the above-named rules and regula- tions. 302 REGULATIONS FOR SHIPS, &c. P. vir., Ch. xiv. Sound Signals to be used by ships whilst assisted through the ice. No. Signals. Meaning of Signals if given. By the leading . Icebreaker. By the Ship. I. — I am going ahead, follow me. I am going ahead, follow the icebreaker. II. — - Reduce your speed. I reduce my speed. III. Stuck in the ice, attention. stuck in the ice, attention. IV. - - - Give fuU speed astern. I give full speed astern. V. ^ — Do not follow me, stop where you are. I stop where I am. VI. ■^ ^ ^^ Be ready to take the I am ready to take tow-rope. ' the tow-rope. But if a ship is towed it means, Let go the tow-rope. 1 The tow-rope is cast off. VII. — — — — — '— — Work stopped until morning, or until more favourable circumstances, if given whilst work is stopped it means " get ready." VIII. A black cone signifies that the signal is meant only for the ship nearest to the icebreaker. IX. A black cylinder means that the sound signal, as well as any other signals, refer only to the icebreaker. Note.— (a) The leading icebreaker is that one which goes ahead of one or more ships. (b) A long line (dash) means a long blast— a short line (dot) a short blast. c If the icebreaker, through being too far away, should not hear the Signal III. given by a ship, the latter, instead of this signal, hoists in daytime a black ball, and at night a red bght, which signals are to be kept up until the icebreaker comes to assistance. ,,, , ^ ■ ■ u 11 i,-„. ^t r.:^^ (d) In addition to the ordinary fog-signals with the bell. Signal V. has to be given by all ships stopping during fog or SQOwfaU in the channel made by the icebreaker. .„ , , *u f „ ■„ i,„f;r„e ^ {ef If I Ship should keep too close to the icebreaker, the latter will show from the stern in daytime a red flag, and at night a red light. 303 PART VIII. Consular Fees. CHAPTER I. -Parity of Russian Roubles and Foreign Currencies. Consular fees are paid in accordance with the Consular Tariff confirmed on the 8th June 1893. In accordance with the opinion of the Council of the Empire, conftrmed by the Emperor on the nth May 1899, Consular fees are to be calculated in roubles equal to one-fifteenth part of one Imperial and levied in the currency of the country in which the Consul resides.^ On the ist November 1897 the special office for credit of the Russian Ministry of Finance issued the following table of legal parity between the Russian rouble and foreign currencies : — § 362. Parity of Russian Roubles and foreign currencies. I Rouble (equal to j^ Imperial) = I Pound Sterling - I Franc - - - - I German Mark I Dutch Gulden I Austro-Hungarian Crown I Danish Crown I Turkish Pound I Portuguese Crown I American Dollar - I Japanese Yen I Egyptian Pound - 25-376 2-666 2'l6 1-28 1-539 1-92 ii'7i 0-476 0-514 1-032 10-409 9-4575 0-3749 0-4929 0-781 1 0-3937 0-5208 8-5372 20-9976 I -9433 0-9686 9-6062 English Pence. Francs. German Marks. Dutch Gulden. Austro-HungarianCrown. Danish, Norwegian or Swedish Crown. Turkish Piastre. Portuguese Milreis. American Dollar. Japanese Yen. Egyptian Piastre. Russian Roubles. In order to facilitate the calculation of Consular fees in foreign ■currency, the First Department of the Russian Ministry of Foreign Affairs, recommends the following table : — Consular Tariff, Art.'sG. §362. 304 PARITY OF RUSSIAN ROUBLES, &c. P. viii., Ch. i. Table of equivalent values of foreign coinage, from the Consular Tariff. Kopecks. Sh : d : Francs^ ------- Marks (German) ----- Guldens (Dutch) ----- Krones (Austrian) ----- Krones (Danish, Swedish and Norwegian) Piastres (Turkish) ----- Milreis (Portuguese) - - . . Dollars (American) - - - . Yens (Japanese) ----- Piastres (Egyptian) - _ - - Roubles. I — 2-25 2-li 4-9i 2-66 6 — 2-l6 4-90 1-28 2-90 2-54 5-70 1-92 4-35 11-71 26-35 0-47 I-IO 0-50 I-I5 1-03 2-30 10-40 23-40 Sh : d : Francs ------- Marks (German) ----- Guldens (Dutch) ----- Krones (Austrian) - - _ - Krones (Danish, Swedish and Norwegian) Piastres (Turkish) ----- Milreis (Portuguese) - - - - Dollars (American) - - - - Yens (Japanese) ----- Piastres (Egj^ptian) - - - - 6-4i 8 — 6-50 3-85 T^5 5-75 35-15 1-45 1-55 3-10 31-25 The parity of Russian and English currency is shown in the following table : — £1 equal to Rbls. 9-4575. £ 5. d. £ s. d. I copeck equal to _ _ i I rouble equal to _ 2 I* 2 copecks , - - * 2 roubles ,, - 4 3 3 - - I 3 ., ,. ,. - 6 4* 4 - - i^ 4 .. .) .. - 8 6 5 - - H 5 . ,. ,, - 10 7 6 — — 2 6 , ,, ,, — 12 9 7 - - 2 7 > ). >) - 14 10 8 - - 2i 8 , ,, ,, - 16 II* 9 - - 2i 9 .. .. - 19 oi 10 — — 3 10 . ,> ,. I I 2 20 - - 5i 20 > ., .. 2 2 4 30 - 8 30 . .1 .. 3 3 6 40 - - loj 40 .. 4 4 7* 50 - I 50 , ,, ,, 5 5 H 60 — ^i- 60 f tr rt 6 6 lOi 70 - 6 70 , ,, ,, 7 8 80 - 8^ 80 . .. .. 8 9 2 90 - II 90 , ,, ,1 9 10 3i 100 10 II 5i ^ Italian lives, Greek drachines, Roumanian lions, and Spanish pesetas, have the same equivalent values. §362. p. viir., Ch. I. PARITY OF RUSSIAN ROUBLES, &c. Rbls. 9-4575 equal to £1 (i rouble equal to 2s. i\d.). 305 I 5. d. Rbls. Cops. £ 5. d. Rbls. Cops. _ i equal to _ 1,97 _ 12 _ equal to 5 67.45 - - I - 3.94 — 13 - 6 14.74 - 2 - 7,88 - 14 - 6 62,03 _ 3 - 11,82 - 15 - 7 9.31 - - 4 - 15.76 - 16 - 7 56,06 - - 5 - 19,70 - 17 - 8 3.89 ^ _ 6 — 23,64 - 18 - 8 51,18 - - 7 - 27.58 - 19 - 8 98,46 - - 8 - 31.53 I - - 9 45.75 - - 9 - 35.47 2 - - 18 91.05 - - 10 - 39.41 3 — - 28 37.52 - - II - 43.35 4 - - 37 83 - I - - 47.29 5 - - 47 28,75 - 2 - — 94.58 6 - - 56 74.05 - 3 - I 41,86 7 - - 66 20.25 - 4 - I 89.15 8 - - 75 66 - 5 - 2 36,44 9 - - 85 11.75 - 6 - 2 83.73 10 - - 94 57-05 - 7 - 3 31.01 - 8 - 3 78.03 - 9 - 4 25.59 - 10 - 4 72,88 ~ II ~ 5 20,16 §362. 3o6 THE CONSULAR TARIFF. P. VIII., Ch. II. §363. Consular Tariff. I— I < < H-l o o w W H O 363. O O 0-; 1-1 M M (^ cr-, T:^ t/) < S e S c c C ca > CO 5 :0 o t,' 2; w « 5" "K a 6 CO o u H Id o 1-1 > tn -i ■<-' o o w % M OJ C Tl t^ >> o .S 03 rt '2 '35 -*-■ ?5 d f^ -K y -J3 60. ;2 CO v-i (U O Oh en rt oj rt U3 ^ ^ X^ 9. rt G .5i, o S ■S -2 "^ cn ■3 .S .2 t; tn iH 3 a! vh H 3 C -5^ c o .2 e fl CT3 •o Q cn 4) o _ a an c - ^ «« ^ bO n .S^ Oh bjO -S X) A o iH ?" ^ 4) 0) .d P< « O cj o ■*-> rt .ii,' ^^ p. VIII., Ch. II. THE CONSULAR TARIFF. 307 fO ■<*• r^ " IN ro fn N O- -^ M fO N o- M Ov t-^ t^ N 00 m f •^ •^ 00 -• ro o- •^ c^ M H-.. M t^ U-) o- N N t>. "• o- N N M -*i t^ t^ C\ "• O- •0 in C^ -t o- >, en V- , ^ m iH , c ■0 CO to "o ji C U bjo 'S a, ' '0 en P id" ■*-> be V 4-1 "3 tn C a tn ri to a a "3 C u tn c 1h C .0 u be .4_> 4J I-I H CO > CO ri c c "o CJ -3 a ' lo' !S V « <;2 to u u Oh u a, -t-> m ' 1 c tn "o D (n u ri u < < tn IS u M-4 to 4-» Cl >> c is ■*-> t rt +-> &, E s 6 to c 2 Oh IH ^s B 3 > n) t-i '33 ' tea 2 ao >> a, 3 c a, tc •3 3 &0 ki T3 c c 1h > bO 01 v^ 1 •a 2; jS C 3 c i-i u u P u >2 en % tn" 0) to 0)" tn 'i (U to rt c ri V ri ;-i U a tx CU ta to lO vd o "Z o-P, y •« -c c o -2 , 3 o O •r' > 3 O S g c O o -f* ■-' >> 3 3)' P ?; e Ph o 3 O g ^ o ^ ,3 ri to 3 o .2 Sb " ■= bC tn -3 ri .S ? rS -O .^ ^—•S bO to tn 6 G (U _ U ^ C — ' 1-. ri ri ri o ^2; .2 o ^ ^ 3 a ^ >ooo .Sf ri ^ ^ O y ,^ ^ O ^ ^; 3 Q >^ ri "t:! +^ en ri w ^ A3 *' 6,— T^ en *■•> "-" SH ri o U r»^ 3 "" 4h ^ ^ 3 o 'O O 4= tn o ri ^ o i2 iJ ri & 3 a^ O 3 tn ■< 3 S 0^3 o o rt g p^ bb"^ ,^ "^ ^ 'Ti '-*-* ^ rn r.\ .^ '^ -w tn _ en o be O 5j ri )-. 1-^ S ri -M . . 3 ri m j,.^ 03 >. u o ri 2 " 6 . O >> c: <^ -3 "IS -43 h .ri •;? 5 ° ri I-( 73 " 3 3 G bc^ - = 6 S >> 3 o 5- o 2 y o ^ -J :2 u o ri ,„ >+H O ^ i! 3 3 O ri o O U3 o o 3 -a 3 r- ri 0-^330 ,. r9 3 « ri _ ^^ — i" l; o 3 >, +j ^ V. ^ O ri 3 i-( = ^ .2 .. rr ^ to rt O en S "^ C 3 o tj 43 o to rt -t-" o hin 2 O ^' 4) +j 4!j O V-. 43 CuU O — . tn O O 3 o t£ ir-o :s !« o ^ £i 2 ?^ 5 o o -s o 3 2-^ ^ ^ ri •2 >>^. ri -3 ri K^ '> P. S 3 — '* 2 ri S a< o :s ,. ° ri 3 ^ e- ri ° ^ s O u ^ o ri ri 3 -U 'O "to C 2 o > ^ -M 4:: S ri 4i (^ 3 +^ S to o .p r. ^^ p ^ ri 3 3 =y o ri 43 C^+^ O ri "ri^Xi_^ 0-35 g 3 S. ri O O O . J3 - - to ^ ^^riSOobog «i2.^ se ^ ^ rC be 2 3 -2 3 H C ri - o 3 .5 O ji o — M iH I— I o hJ o U +j bo P ri -ji *^ ..3 '*^ 43 ^ •3 ri ■"' -^ 43 S O § 363. Consu lar Tariff. 363. 3o8 THE CONSULAR TARIFF. P. VIII., Ch. II. §363. Consular Tariff. 2 < H < 1-1 en O w X H 5^1 ^ c >> 6 and wede and orwa •.o Q t« Z W >^ tS "2 K i! bo 3 3 c < s U^ ■O 00 -^ o s .s ^ c^"S ii<^ « en C O o > tn tn 3 > o c _o o -i-i be 4-> 3 4)" X) o 2 tn 'irT o be u tn !/) Tl Tt -*-* -t-> 0) ._ ,i3 U3 rt ^ -t-> OJ "3 o en C e -(-> O t4 U o U^ tn aj TS o _t='d o H M O £ -i; o n tn •• *-' "-I t_j _< LM *^ U; (V) 8| M-^ tn tn 0) ^1 ° •2 ^ o tn o in p!^ -S ■fl i^ _-HH « S.1 O ^ ■^ o S a> >3 Ct O Co '"^ = 11 -t-> -M 3 (D S '^^ CO tn §363. p. VIII., Ch. II. THE CONSULAR TARIFF. 309 §363. Consular Tariff. l-> (3 a T) -M " n U rt &, in n T) IH c Ok ^ i-i J3 >. ■ ■ C OJ 0) >- 0) iJ K p CL, O ^ On*-' . +-* fl) 3: T^ Tj ■•-' >,B t; ^ JO ^;2 « >, ^ a*^ ^ eg '0 operty i parties does n 2ii in il pr ting sum tn 2 ''^ o 6 o O rt ^ O. - " (J 1- 0) u •-- .Q &c c u C y IH T3 T3 cn rt CD j3 +-" C 1— ( 1 U5 "S s to c u ■6 6 0) "o u ; Ui ^2; i-i 73 I-I o3 c c o o cn tn in .-S lu Jj o- i§.. be J3 +-> ai j2 S *^ o o tn TS "2 (= cj tn -a ^ o ." >. 7) O ° «« .s en O . o ^ .0 0^ "^ C Q. O tn > O. 00 ti ^ o o en -i-> o ^ "o 13 1 tn rt 'Eixi O O " o o S tn +^ O en en _ O cj ^ C C ^ (U to t'J t; CI en u C o (U ■ -; bp £ c a t^ 3 "^ be O 3 r3 3 00 .5 =" « ^ ?^, t/3 -M ^ C t^ ^ £ -S a^ O' >,;^ en £f!Zi 'i T3 •'- M - were given ned, provide e Art. 7 or 8 d free of ch October 1902 , en iC ■^ xi -^ < le fee s in w attorn n, are Foreig S o ex o O C - t3 2 « ^ - • So S;^ en rt — en T3 tn lis erj C en C U3 u bo «> eti -^^ XI .<^ " O o a- «j x; —I CO Td -3 -M o > o ^ C X3 =^ &. Id a> c P ri S •§ Oh (U O U >.^ o ^ o SO ^ .£3 >» di (D ^ O G _a) CO 0) "55 I a^ go ^ ^ S3 j-j cO ii jij > 'Z^ '° -^ j3 en -^ 2 O OJ S »-' > •" o O P •S 3 O g l-i « C s tj O c« - en O tn v-i §363. p. VIII., Ch. II. THE CONSULAR TARIFF. 313 tc 3 to O C .S e 2 ° 3~ '%^ u c •a « 73 C en T3 C e 2 o o 1^ ^ . ■4-> U U 5 < OCT c o o c 3 Ml o o j2 ^ 7^ C O SC >%'-o o « _- rt .S C < ^ 3 o-o 4) ■ r! *^ t^n ^ K« k " S " s:: &i o o bo o C 'O ■> .2 i-l 3 .3 60 t/J .2 o n! O o ju _c2 .2 " 'o '^ -*-> ^ -,■ u 5 oj SJ «^ ti ? i3 a u t; Oh O 4) rt c 2 °-^ s-l »« (J O 03 >/ O 60^ -^ c :;3 o '^ x: > rt -tJ c «^ 2 o n (U 3 S o " c o o a .3 o -*-' X2 "O -5 -^ o ■^ = « o 00 " (T) 3 c 3 3 en 60 3 b" « 3 •0 I-l I-. 3 (n 3 3 E X! rt -P i' "- rt o o "^ H « ^ 4) 3 3 •s e ■^ 3 ^ o S 'Tut: I « g ■^ ^ 3 j; o "= 2 o •- M 3 f^ 3 +^ b o (xi! o ir &0 = tn ^ Cic rt o o i2 r: 2 "n §363 tn Consular B Tariff. 1^ >• u ■5 i> en -*-■ a, C -O -3 CI T3 +-> u s-i lU rt 'O (n <^ 'J CJ ^ .j2 c Oh 3 U^ M CJ 3 3 3 en 3 Pi 1 tn x2 ^ to to ^S, 3 3 "^ « o ^ 3 rt a ^ ^ g - ^ ^ • - to -^ - ^^ 1-1 l-l 3 ^ C CJ nJ ^ cfi en ? r> to >>.-S 3 0-^0 02 lO 3 3 2 ^ .5 ^ *J o en G ^ « 3 — ' *^ to ^-^ o o 2 O en g " o .3 ^ .S o '.^ o -3 2Uo S >,:p G,-M 3 ^ en :5 .-t: '1' >. c p 3 x: o .S 3 :3 en "S -S - o >> t. 3 -^ >^ rt O -M M 3 'O ti rt 60 ^ 0) O O ti O -3 ^ -T-i tn -^ 3 ^ « 3 S^ ^£ .2 g'O o . o •:; V. :2 S o & e:J -- t- C/2 ., -T^ < .f^ 363. 314 THE CONSULAR TARIFF. P. VIII., Ch. II. §363. Consular Tariff. fa < < in O w H J3 n r^ t^ ro 5 -5 &: N N 'Ij- t^ *^ ^ o « t r^ r^ "l*- N iJ in •" r^ r^ lO fO ^ s 1 «« O- o- M. N "rt ^ . i-i . ' CO Tl- ■J r^ r^' •^ w 2 1h r^ o- 0- ^ . N £ g « ^^ r^ -^ ^ , o ^ •D >o »-l * t^ ^ -^ 3 tt r^ r^ u-1 M H E "• " ■ ro IT) t s ^ £ 00 00 O ■^ c c « c g :0 00 00 t^ VO C oj ^ rt g ^ PI N lO 00 Q ^ :s td >> •2 rt ffi HH . i-< . N f) 'S U) 00 00 O ■^ 3 3 c ro ro r^ ». < W w " • •a cj M N •^ MD c a^ 0-. 00 r^ "o h-. «. fo vr> ffi d M-" ■^ ■^ oo fi ;2 Pk M M ^ r^ CO fO ^0 O O S cj d o o o- O- c 2 S ^ ■<1- 00 N h fa ^ • H(N H« •tt CS fl in r- *j c S rt 5| ■-4; CO O- o- o- 6- O o- o- o- o lO "-) lO J KH. w. or) 'r K , , rt . w .-f= -CI 1) 4-' o Ph ID X. ■ • • M J, O ii^ 3 ■« c , _C "o i-i o I-I 4) ■g ^♦H U5 U5 4-1 4-< . , , And tonnage dues at the ra' net registered ton according if the vessel carry on any co: while in the port or roads. (2 "5 c o u O ^1 O a; _o '-P O C 1-1 o tn C o e B 3 (fi CTJ I-. -t-> c o CJ 0) rC s c 1-. c 02 O u O -M Oi '3 > ii Pi (D .^ ^ 1-1 Oh Td 1-1 'B. 3 c 3 " rC O *" 5 O ™ H P "3 t« c o o u O c _o o o en C O 4-1 o- o- o_- o 4-1 o- fO en c o o- o- o^- c a 4-1 o u o O o o O P^ p^ fe h w N ro •^ f) N cs N §363. p. VIII., Ch. II. THE CONSULAR TARIFF. 315 • S 3 -a 8 .y ^ 3 "-I ^ •« CO ^ o c > "S rt rt h t: o o e >. o ^ ^ P B « S 13 lU — be rt .5-3 •4-' U) ii O C nJ rt ^ O J3 .Si, ri ^ ii ■*-' ■)-' o rt .S S; « O C 6 ■^ O 6 o g ^"ti be C ^3 a -S^ 3 rt be « .3 o -o -M O ^ o bo be u o E o o :3 c 3 -^ '~' .3 be t^ Ui -^ 53 ' •^ 3 £ -^ in rt 3 ■ > 2 tn vh U3 T! 3 3 P .2 f,- Si §363 Ch -'-' Consular r Q ■-- Tariff.. 0^2 i2^-^ Si ti ^ tp< 3 o .W) O 3 !: § M 3 (5 >« .2 !/) i) CO .3 +J K rt >. <3 m rn frt Ui « .id U o -J5 rt > en o -M 13 3 rt d^ be C rt .3 2=^ ^O .*-' cO .^ 3 11 CO tn po 0\ a "' o- d 12; o rt =. S 363. 3i6 THE CONSULAR TARIFF. P. VIII., Ch. II. §363. Consular Tariff. 2 < K < o u a CO < = « "? " o P '^ Z « O *j c a '5 « O. !C O O W) (U c ^ •^ >« -.5 1^ >.s •r fd (H "^ -. n > rt Of (U ^ ' eo a •S o -<-' o - 'S <" s rt .2 o d ui c C tn cj ir! ^ 1-1 > +j en O ^ .2 (1) •+- ^^^ «-• "J •- o) o CO o o o o x; "2 ^ .2 3 > O l-i Ph o o ^ 1h (U rrt U5 'p. ■j-i 4) U3 X C 3 a. 2 •-" K CI, V- oj p 01 Hi ^ « y2 rn P. "rt ^ 1-1 P (11 O ^ o w a; •a-n ca o t/1 o Tl rC v-1 rt 4J a,rC • •-1 rt t; o o -M fe ^, Ph a< PU &, o c rt 1-1 p. o 1-1 < 1 rt — -h en p (U n (A bC-O ft o 1-1 §363. p. VIII., Ch. II. THE CONSULAR TARIFF. 317 ecu •2 -Sh js vi 'tn o to OT S 3 3 S ™ Ui 4) ■M 43 ^ « fl u o .Sp O — . (U >« 42 O g = >, a t- ^ 43 ^ ^ tn CO (/] -te o 0) o 43 O u S S 42 ^ -a o T3 it! O ^ c .S2 2 J3 -2 -O S 6 -2 ^ ^ tn .X, >, ftf jj ^♦H -' g " M C C •r -'-' a r?^ •ji 43 43 /5 >. > u 4) 43 -t-> (/) . >5 do "o Ul 43 f^ w u Si "o (U 43 C ^ 43 C u 4: C '55 c C . Ul 43 ^ §363, ^ Consular -§ Tariff. Ul ^ c i2 -o >> XI V u rt (13 C O* Tl 4«! > rt -i-> 43 nj +-' to -U"" a ri ■*-* w C u (TV a, u M rt rt Ul 3 OJ (3 10 .0 a n u U 43 c 43 m" N ^ Ul 3 «) rj u 3 in 6C C --- ' C U « >, CI, U Ul XI .&• U) to yi rt ~ rt •^ r3 »^-l ^^ c T3 -I U CO rt fO S C Ul >. *<-l u < Ul CO (0 0* r! ,0 C rt to C 3 F 60 C •0 t> Ui >. 2 u 43 h n a ■*-* n a "o n a "o Ul 43 ■u) to rt u 43 3 43 "o S C a §363. 3i8 THE CONSULAR TARIFF. P. VIII., Ch. II. §363. Consular Tariff. < < D t/) ;?; o o w X H §363. 01 bo 3 .^ ^ s C ci3 Q ' ■ago < S « fl) 0) c (» .£3 fXl •W .O IH 3 -^ 5 ii rs o .S£ nj D «3 en O .2 en 3 Vh 1=1 W (U O cl .d o > t:} "a C 4^ .5 -^-' o >, fl o 3 >> r- tj c; Jr; « C T3 K «j (u b 5 S g o i; " .Si '^ ^ en ■^ X, -a +j 03 o o "t; ^5 23 o. u o ' ra IT) w tn tn " §3 lu u) c u H t3 > 5 rt ^ 3 o 13 .3:5 nJ o b o ^ C! o nJ «3 (U O § ^ ^ HI 3 (U 3 O «3 "J X3 o i! -^ '-' 1 ■ > -^ O<5 0) U2 l-c o U 5. cu'" ^ H- 3 O JiS O &( en o 1n 2 o :2 o ^ rt 3 -P c ^ Clj o S .2 ° 7: a< O 3 — o 3" rt O ^ ' 'S: Ifl m r' c; Oh "3 6 u a n S h- 1 -^ tc +J -3 rn rt fTl 6 3 en »+H 4j &. tn a & tn O rt 3 i, C ^ « .JL, +J O bC " -I-' C -M 3 5 3 rt to O 2 '^ O O o 3 O c:^ bo'rt ^-1 tn 3 d ^ _ O tn o " , » <^ tn S tn v^ VM tn ra o J< O o I ^ 3 o -^ O "> O ^ -P C ^ tn j" o :? ri > ^ Ci,r-I ■y^ O H-1 jn tn — ' O « 3 O >»j25 Ji: oj 2 > j= H- §363. 320 THE CONSULAR TARIFF. P. VIII., Ch. II. § 363. Consular Tariff. < < z o o w H B >. :0 e "O B « o B rt rt i; Q U) 2; 1^3 < K « <-. B u .t; O is S.2 tiD be s ^ 1-1 0) 0) c « w 6 fl e nj "^ O •i— , (n 3 a tn (n C rt 3 > , , CL, rt a o S -*-> CI ^ U * Oh (^ii £ Sj ^ f^^ O ^ c« " &i H) •" "^ „^ •'2 R^^ ^ ii ^^ ^ C! t, rt o ,« "5 1-1 .S2 a o O CIi O 4j a! C3 (U U5 c c „, „ o3 -^ rt ■-^^ u r< "3 ^ •" 13 03 o rt C o '55 tS g P t2 ^ 03 Ph >3 H O -CI ■ r! -'-' o3 >> bo the customs officials. In the case of customs barriers the documents in question must be presented immediately on arrival of the goods. If the vessel is compelled by force majeure to enter a port which. is not her destination, the time hmit for the presentation of the requisite documents is : — (fl) Seven days, if the vessel is to be unloaded and the goods for- warded to their destination by other means. [h) One month if the consignee is able and willing to pay the import duties at the intermediate port. The day on which the documents are presented to the customs office is not included. In appeahng against fines and overcharges imposed by the Russian Customs authorities on account of errors in bills of lading, invoices, and customs declarations, the consignees must apply with a protest at the local customs house. If unsuccessful, they have the right to petition direct to the Customs Department at Petrograd, during the next two months. Apart from this, foreign merchants or shippers are also at liberty to present a similar petition in Enghsh or Russian, within the same two months to the same Customs Department. Should this petition be rejected, a further two months period is allowed from the date of rejection within which to address a petition to the Russian Ministry of Finance. If all these steps fail, petitioners may make a final appeal within another period of two months, to the governing senate at Petrograd. Every apphcation must be accom- panied by one rouble revenue stamp for each double sheet of foolscap paper upon which the petition is written, and another one rouble- revenue stamp for the reply. Goods on which duty has been paid, whether still under customs*' control, or leased therefrom, may be re-exported with a refund of the duty which has been paid, provided that the application is made within three months from the date when the duty was paid, or from the date of release from customs' control, to the Department of Customs Taxation when the duty does not exceed 300 roubles, or, to the Ministry of Finance if the duty exceeds 300 roubles. For finished articles manufactured in Russia from imported raw material, a system of drawbacks on customs duty paid, is in force. In April 1914, the list of goods enjoying this privilege was considerably increased. CHAPTER VI. — Formalities to be observed by Vessels arriving at Russian Ports from Abroad. § 377. According to the Russian Customs Regulations^ masters of vessels Customs entering Russian ports from abroad must have on board on arrival, for In-com- ready to lay before the custom house officers, the following docu- ing Ships. ments : — §877. ^ Customs Regulation of 8th June 1903 ; Customs Regulations, Ed. 1904,. Arts. 142, 143. Svod Zakonov, Vol. VI. p. IX., Ch. VI. FORMALITIES OBSERVED BY VESSELS. &c. 357 1. Manifest of cargo, certified and signed by the captain's broker •or agent at the port of loading. In case no broker or agent is employed, the captain can make out his own manifest and sign it himself, but the signature must then be certified by a Russian State or Elective Con- sular Officer, or, failing such, by a notary public or some other authority at the place of loading. 2. Bills of lading. 3. Ship's declaration. 4. Bill of health. 5. Crew list. 6. Specification of all provisions on board, as well as of all ship's ^ear, anchors, chains, &c. 7. List of all articles and clothes, new and old, belonging to the .captain and crew. 8. List of passengers, if any, and their luggage. 9. Articles and register. If the register does not contain particulars as to the measurements of the ship, and also if it has not been rendered to the custom house .officers, the measurements of the ship are taken by the custom house •officers, and the expenses are charged to the captain. The absence of any of these documents will render the captain liable to a fine. If it be impossible to get the manifest and bills of lading (of which documents there ought to be three copies) ready before the ship leaves the port of loading, the necessary documents may be sent by post after the ship's departure. Ships that fly the Russian flag, besides producing the enumerated documents, must show their national flag-patent, master's certificate, •and the passports of their crew. Bills of lading must contain the names of the ship, of the captain, and of the shippers of the cargo, the ports of loading and destination, a description of the goods shipped, the gross weight of each parcel or item ; all measures of capacity ; the nimiber of packages ; the marks, Tiumbers, and addresses on such packages, and the captain's signature. Bills of lading are not necessary for (i) the personal property of the captain or crew, or passengers' luggage, (2) transit goods, and {3) raw mineral products, such as chalk, alabaster, gypsum, phos- .phorite, &c., shipped in bulk as ballast. Manifests must contain (i) the number of bills of lading, (2) the number of packages to each bill of lading, or, if the goods are shipped in bulk, the number of parcels and a description and the approximate weight of the goods, (3) the signature of the agent. A manifest must be made out at each port where the ship takes :goods on board, and for each port of destination separately.^ Corrections, alterations, or endorsements, either of the bills of lading or the manifest, must be countersigned by the ship's agent, a ^shipbroker, or a police or customs official. The ship's declaration must contain : (i) description, name and mationality of ship, (2) name of captain, (3) port of loading, (4) port ^ Customs Regulations of 8th June 1903, Art. 36. ^378. Bills o£ Lading §379. Manifests of Cargo. §380. Ship's Declaration. §§ 378, 379, 380. 358 FORMALITIES OBSERVED BY VESSELS, &c. P. ix.,Ch.vi. of destination, (5) specification of all goods loaded without bills of lading, and of any flotsam picked up at sea, (6) list of documents produced with declaration, and (7) signature of captain. An inventory should be added of the ship's stores and provisions and of the personal property of the captain and crew, giving weights- and measures. §381. Articles, the Importation of which i into Russia is pro- hibited. CHAPTER VII. — List of Articles, the iMPORTATioisr OF WHICH INTO RuSSIA IS PROHIBITED. ^ 1. Russian divisionary currency of copper or silver, and all foreign currencies of copper or silver, except (i) Chinese yams, the importa- tion of which is permitted along the whole of the Chinese land frontier and by sea ; (2) silver money imported from the Khanate of Khiva over the frontiers of the provinces of Sir-Daria, Fergaria, and Samar- kand ; (3) silver money of Bukharia ; and (4) Persian craus, which may be imported into the Empire across the Persian and Afgham frontiers. Note. — ^The importation of foreign silver money into the Governor - Generalship of the Amur is not prohibited. 2. Gunpowder, compositions for gunpowder, and detonating." compounds. Note. — ^The Minister of Finance is empowered to permit the impor- tation from abroad of explosives, otherwise prohibited, when the said explosives have been ordered from abroad by Government establishments, companies, or private individuals, and are to be used for works of excavation, pile-driving, coal and other mining,., or signalling, and subject to their paying the following rates of duty :— {a) Gunpowder : 2 roubles 10 copecks per pood (13s. g^d.. per cwt. gross). {b) Dynamite and all other explosive and detonating com- pounds ; also all accessories for blasting, such as fuses, slow match, electrical charge igniters and other similar accessories not separately designated in the tariff, 4 roubles 50 copecks, per pood {£1 9s. yd. per cwt. gross). The permits in question are granted on the certificate of the competent Government authorities, and so far as concerns- owners of depots for explosives, mining enterprises (owners or concessionaries of mines), or their deputies, on a certificate of the Department of Mines to the effect that the said explosives, &c., and the quantities thereof ordered, are really necessary for the companies, institutions, or persons ordering the same. 3. Munitions of war, cannon, mortars, shells and other projectiles- for cannon. 4. Air-guns which discharge without powder ; also sticks and pipe stems containing daggers, sword-blades and other hidden- weapons. ^ Svod Zakonov, Vol. VI., Ed. 1902. General Tariflf for European Trade. §381. p. IX., Ch. vii. prohibited ARTICLES. 359 Note. — It is prohibited for private individuals, except by special permit, to import firearms of any pattern having the same bore as the military rifle, and this prohibition applies to rifles fitted up and ready for use, as well as to those imported in detached parts ; also to cartridges for such rifles. 5. Playing cards of all kinds. 6. Berries of the coccnlus indicus. 5. Margarine products. 8. Artificial saffron. 9. Bengal lights. 10. All merchandise and articles of a nature implying disrespect for sacred things, blasphemy or ridicule of reUgion, or furnished with stamps, tickets, &c., reproducing holy images in a manner suggestive of such disrespect, blasphemy or ridicule. 11. Wall paper covered throughout with arsenical colouring matter, dull or glossy. Note. — Exemptions from this prohibition are only granted for wall papers in which only the designs, flowers, leaves, spots, stripes, &c., have been executed with arsenical colours on a wide groundwork of non-arsenical colouring matter. 12. Light materials, such as book muslin (organdy), open mushn {tarlatan), tulle and the like, coloured throughout with arsenical colour- ing matter. Note I. — Exemptions from this prohibition are only granted for materials in which only the designs, flowers, leaves, spots, stripes, &c., have been executed with arsenical colouring matter on a wide groundwork of non-arsenical colouring matter. Note 2. — Sections 11 and 12 (and the notes thereto) are not apphc- able in the case of wall papers and materials coloured with anihne dyes. 13. Children's toys of any kind and paper used for wrapping round confectionery, sweets, and other comestibles, coloured with arsenical colouring matter. 14. Composts, garden mould, vine props and stakes ; also vine plants with or without roots, vine suckers and any part of the vine plant except the fruit and the seed. Note I. — The importation of other living plants or parts thereof, and also of grapes and lees, is only permitted at certain custom houses, and subject to the observance of special rules. The determination of these rules, as also of the list of custom houses at which the articles mentioned in the present note may be imported, is left to the discretion of the Minister of Agriculture and Imperial Domains, with the con- currence of the Minister of Finance. The first-named Minister has power, in concurrence with the Minister of Finance, to prohibit the importation into Russia, at certain custom houses, of vegetables in those cases of which their free importation may be deemed to engender risk of the spread of phylloxera. Note 2. — The power granted to the Minister of Agriculture and Imperial Domains by the Resolution of the Committee of Ministers, approved by His Imperial ]\Iajesty on July 3rd, 1892, to permit the importation of one-year-old suckers from American vines for Govern- ment Institutions, is hereby extended so as to include the importation §381. 36o PROHIBITED ARTICLES. P. ix., Ch. vii. of such suckers by private persons, subject to the observance of such precautionary measures as the aforesaid Minister may prescribe. The Minister of Agriculture and Imperial Domains is empowered to permit, at his own discretion, and subject to such conditions as he may fix, the importation of one-year-old suckers of European varieties of vines. 15. Potatoes of American origin, also skins, leaves and waste of such potatoes, as well as kinds of receptacles, such as boxes, sacks and the like, which have served as means for covering or packing potatoes during importation. Note. — The importation into Russia, by sea, of potatoes of non- American origin, or of skins, leaves, and waste of such potatoes, or of any kind of receptacles, such as boxes, sacks and the like, which have served as means of covering or packing the same, is permitted, subject, however, to the condition that the shipment of the articles in question is accompanied by a certificate of the Local Authorities, specifying the locality from which the articles have come, and attesting that such locality is free from the Colorado beetle. 16. All preparations of pork, except lard. Note I. — ^The importation into Russia of samples of foreign pro- ducts of pork is permitted in such quantities as are absolutely necessary for the purpose of enabling persons who propose to engage in the exportation of pork, to judge of these samples by personal inspection ; however, the permission is conditional upon the production, in each separate case, of a certificate of the Minister of Agriculture and Im- perial Domains, attesting that it has been necessary to procure the said samples from abroad. Note 2. — The Minister of Internal Affairs is empowered, in con- currence with the Minister of Finance and the Minister of Agriculture and Imperial Domains, to prohibit the importation of swine from such places abroad as shall be deemed to be unsafe by reason of the pre- valence in those places of swine diseases which might be pre- judicial either to the public health or to the swine-rearing industry. Concerning such measures as he may adopt in reference to this matter, the Minister of Internal Affairs shall report to the Governing Senate, with a view of their being brought to the public notice. 17. Comestibles and beverages containing artificial sweetening substances. Note. — As a temporary measure, and until this question shall have been determined by means of legislation, it is prohibited to import into Russia vegetable conserves of any kind containing any quantity what- ever of muriate of copper. 18. Foreign spirituous beverages. This prohibition apphes to the Murman coast of the Government of Archangel. 19. Vessels with double bottoms. 20. Corks bearing the marks of foreign mercantile firms, imported separately from the bottles. 21. Aniline dye (known as " fuchsine," or under any other name) not in crystals, but in the form of paste, pieces, or powder. 22. Liquid yeast, for sale. § 381. p. IX., Ch. VII. • PROHIBITED ARTICLES. 361 Note. — The Minister of Finance is empowered temporarily, for a period of 3 years from March 28th 1900, to permit the importation of yeast cultures for wine-making purposes. 23. Tickets of foreign lotteries, or so-called "lottery loans" of private individuals, companies, or towns. 'CHAPTER VIII. — List of Articles the Exportation OF WHICH FROM RuSSIA IS PROHIBITED.' 1. Iron ore and the slag resulting from the manufacture of iron §382. (by way of the Pohsh frontier). Articles, the Note. — Iron ore from Pohsh mines as well as the slag from blast o^wWchb^ •furnaces in that country, may be exported through the local custom prohibited, houses, but only by special permit of the Minister of Finance in con- currence with the Minister of Agriculture and of the Imperial Domains and subject to a duty of i| copecks per pood (is. iif^. per ton). 2. Notes of the Imperial Treasury of 1895 or subsequent years. 3. Firearms of all descriptions, complete or in parts, also ammunition ior the same, by way of the ports in the Black Sea and the Sea of Azof. 4. Arms of all descriptions, gunpowder, explosives and munitions •of war in general along the whole extent of the frontier of Asia and particularly towards China. As a general rule the excise duty on goods which are intended for exportation is reimbursed at the custom house. CHAPTER IX. — Importation into Russia of Firearms. According to the Memoire of the Committee of Ministers, which was confirmed by His Majesty the Tsar on the 24th November 1905, the importation into Russia of firearms and of cartridges, powder, bullets and shot from abroad and the Grand Duchy of Finland, is forbidden, whether it be for private use or for sale. To secure the permission for such importation it is necessary to apply to the Russian Ministry of Home Affairs for a certificate to that e^ect, which must be produced by the person importing firearms or cartridges, or the firm which receives them. In accordance with remark i of Art. 544 of the Russian Customs Regulations and Section I. of the Ukas of His Majesty of the 26th February 1905, the Governor General of Warsaw and the Viceroy of the Caucasus have also the right to give permission for the importation of firearms or cartridges. * Svod Zakonov, Vol. VI., Ed. 1902. §382. 362 IMPORTATION OF FIREARMS. P. ix, Ch. ix. On the application of the interested parties, Consular Officers- may request, by wire or letter, for such permits to be granted by the Governor of the Russian province where the firearms are to be intro- duced, or the Russian Ministry of Home Affairs. At the same time,, the frontier station must be indicated at which the arms or cart- ridges are to be introduced. If permission is granted, it must be- notified to the Customs authorities concerned as well as to the applicant, . the notification coming from that particular Governor, or from the Ministry of Home Affairs. Two Russian stamps of i rouble each, or a postal money order of 2 roubles must be enclosed with the- petition. CHAPTER X. — Importation of Books into Russia.. Senders of books to Russia must comply with Art. 16, § 3, Note 2 of the Postal Union Convention, according to which it is forbidden tO' send dutiable articles in wrappers. If this provision is not complied with, books will be stopped by the Russian Customs. Unbound books published in a foreign language, i.e., other than Russian, are admitted free of duty, but bound books are subject to a duty of I rouble and 50 copecks per pood (3s. 2d. per 36 lb.). With the exception of books which may be used in travelHng, and therefore imported into Russia, all books sent into the country must pass through the hands of the Censor. CHAPTER XI. — Importation of Live Stock intq Russia. The importation of live stock into Russia is only permitted at certain places on the frontier appointed, conjointly, by the Russian Minister of Home Affairs, Minister of Finance, Minister of Ways of Communication, Minister of Foreign Affairs, and Minister of Trade and Industry. On the loth of February 1912,. according to Regulations approved by the Ministry of Home Affairs, Sections 120 to 125, persons introducing into Russia by rail or- by river, live stock, viz., cattle, calves, sheep, goats, pigs, have to- present at the frontier certificates of the salubrity of the place from which the animals were exported. These certificates must be issued by lawfully established veterinary surgeons living in the place from, which the cattle is exported. It must be attested that the animals- are in a sound and healthy condition, and that they were inoculated with tuberculin. These certificates must have been vise by the Russian Consul in whose district the certificates were issued. I. At the places of the frontier referred to above and at sea-ports- live animals which are imported into Russia are examined by a Russian 383. p. IX., Cn. XI. IMPORTATION OF LIVE STOCK. 365 veterinary surgeon, and should it be found at the railway stations of the frontiers or at places of admission that there are cases of infec- tious diseases among the animals, if they belong to foreigners, then the entire herd to which the sick animals belong must be sent abroad again. 2. From such sea-ports where it is impossible to return the animals abroad, and when they belong to Russian subjects, those animals suffering, or suspected of suffering, from plague or epizootic pneu- monia, or other diseases enumerated in the General Regulations published by the Ministry of Home Affairs, will have to be slaughtered immediately. Exception is made in cases of Foot and Mouth Disease. The General Regulations are enforced with regard to healthy animals belonging to herd in which cases of the above-mentioned diseases and all other infectious diseases are found. When, for the purpose of testing the healthy condition of the animal, it is inoculated by the Russian veterinary surgeon, and death takes place, no compensation will be paid : — (i.) If an infectious disease has been detected before the admission of the animal into the Russian Empire ; (ii.) If the illness appears during a lapse of time which is counted from the date of the veterinary inspection at the frontier. Such periods are fixed as follows : 21 days in case of bovine plague ; 90 days in cases of epizootic pneumonia ; 180 days in cases of tuberculous consumption of cattle ; 14 days in cases of anthrax in any kind of animals ; 45 days in cases of hydrophobia ; 30 days in cases of swine- fever ; 30 days in cases of swine-cholera ; 30 days in cases of tag-sore on sheep ; 14 days in cases of any epizootic disease of wild animals and cattle ; and, 180 days in cases of glanders. All expenses incurred in the slaughtering of the animals, and dis- infection afterwards, must be paid by the proprietors of the animals.^ ^ (Letter from the Department of Agriculture, i8th June 1913, No. 36716.) (Collection of Ordinances and Enactments of the Government of 1912, No. 93,- Section i.) (Sobraniye Usakonneni i Rasporjajeni Prawitelstwa 1912, No. 93, Tchast I.) (Regulations Approved, loth February 1912, by the Ministry of Home Affairs, Sees. 120 to 125.) §382. 364 PART X. Legal Position of Foreigners in Russia. 384. The legal position of foreigners in Russia. Austria, Belgium, Bulgaria, China, Congo Free State, Denmark, France, Germany, Great Britain, Greece, Italy, Nether- lands, Persia, Peru, Portugal, Roumania, Servia, Spain, Sweden and Norway, Switzer- land, Tur- key, United States of North America. CHAPTER I. — The right to follow certain Occu- pations, TO PLEAD IN Courts of Law, to inherit Property, and to execute Wills. Russian Consular Officers are frequently applied to by persons who are desirous of entering into commercial relations with Russia, or of engaging in business enterprises or investing money in Russian securities and stocks, or of taking up their residence in the Empire, for information as to the legal position of foreigners in Russia. It is, therefore, desirable that Elective Russian Consular Officers should be fully acquainted with the regulations governing such matters. Treaties exist between Russia and most other European countries, in which the mutual rights of their respective subjects to enter into and reside in the territories of the contracting Powers are specially marked out. Such treaties have been concluded by Russia with Austria, 14th September i860 and i8th May 1894 ; Belgium, 9th June 1858 ; Bulgaria, 14th July 1896 ; Great Britain, 12th January 1859 i Germany, loth February 1894 ; Greece, 12th June 1850 ; Denmark, 2nd March 1895 ; Spain, 2nd February 1895 ; Italy, 28th September 1863 ; China, 2ist October 1727 ; Congo Free State, 5th February 1885 ; Netherlands, 13th September 1846 ; Persia, loth February 1828 ; Peru, i6th May 1874 ; Portugal, 9th July 1895 ; Roumania, ist October 1893 ; Servia, 15th October 1893 ; United States, i8th December 1832 ; Turkey, loth June 1783 and 3rd February 1862 ; France, ist April 1874 ; Switzerland, 26th December 1872 ; Sweden and Norway, 8th May 1838.1 The following is the substance of the principal provisions of these treaties, which may be taken as typical : " The subjects of each of the contracing parties who conform to the laws of the country (i) shall have full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other contracting party ; (2) they shall be permitted to have or possess such houses, factories, warehouses, shops, and premises as they require ; (3) they may carry on their business either in person or through agents ; (4) they shall not be subject, in respect of commerce or industry, to any taxes, whether general or local, or to any imposition of any kind whatever, other or greater than those which can or may be imposed upon native subjects." * Conventions, treaties, and agreements between Russia and foreign States published by the Imperial Ministry of Foreign Affairs. Vol. I. Petrograd, 1902. 384. p. X., Ch. I. RIGHT TO FOLLOW OCCUPATIONS. 365 Besides these special State treaties, Russian law regards foreigners as temporary subjects, and accords them the same protection as is enjoyed by permanent subjects. Although the Russian laws forbid the employment of foreigners in the Russian army, navy, or civil administration,^ yet foreigners are permitted to engage in various occupations in the domain of public instruction, with the sanction of the curator of the particular educational district. In other branches of civil administration foreigners can be appointed to the several posts enumerated in the Svod Zakonov, Vol. III., Ed. 1896. Foreigners who are in possession of foreign diplomas may exercise their professions in Russia after passing examinations as to capacity before special commissions. Foreigners residing in Russia are subject to the general juris- diction exercised over Russian subjects. The capacity to plead in courts of law is given to every one except : — 1. Persons who have been deprived of their civil rights by the decision of a court of law. 2. Minors and other persons under tutelage, who are only per- mitted to take part in lawsuits through their parents or trustees or with the consent of the Council of Tutelage. 3. Banki"upts, whose right to plead passes to the administration of the creditors or, before such administration is appointed, to each creditor separately. 4. Corporate bodies, as, for instance, societies, companies and associations, which cannot plead otherwise than through special delegates. Foreign claimants are not required to give surety if treaties of reciprocity exist between Russia and the States to which they belong. The existence of such treaties of reciprocity is established by special certificates, issued and legahsed by the Ministry of Foreign Affairs in Russia or by a Russian Diplomatic or Consular agent abroad, or by reference to the list of conventions of reciprocity published by the Russian Ministry of Justice. Thus, for instance, German subjects before the war were not obliged to provide sureties, in virtue of the special State treaty between Russia, Germany and other States, while British claimants must give surety, as no such treaty exists between Russia and Great Britain. - Foreigners are entitled to inherit property in Russia, either by hereditary right or under wills.^ They may also bequeath their property to foreigners or Russian subjects by will, observing the general rules of the Empire as to testamentary dispositions. The following special rules are to be observed in regard to the right of succession of foreigners to real estate situated outside the ports and towns of the ten provinces of Poland : Warsaw, Kalish, Kielce, Lomja, Lublin, Petrokov, Plotzk, Radom, Suvalki and Siedletz, and of the provinces of Bessarabia, Vilno, Vitebsk, Volhj'nia, Grodno, Kieff, Kovno, Courland, Livonia, Minsk and Podolia, viz., the suc- cession by law of descendants and relicts to the real estate of foreigners ^ Svod Zakonov, Vol. IX., Art. 824. * See § loi. ' Svod Zakonov, Art. 830. §384. 366 RIGHT TO FOLLOW OCCUPATIONS. P. x., Ch. i. is regulated by the general Russian law, if the heir has resided in Russia since a date earlier than the 14th March 1887 ; in all other •cases of succession by law, or by testamentary disposition, the foreign heir is obliged to sell the inherited property to a Russian subject after three years have elapsed from the moment when he acquired the title to such property. If this rule is not observed, the property is committed to trustees by order of the Provincial Council, and is sold by pubhc auction. The amount received, after deducting the expenses of the sale, is handed over to the heir. This rule also applies to societies, companies, and commercial or industrial associations, even if authorised by the Russian ■Government. On the I5th/28th July 1904 Russia concluded with Germany a convention complementary to the treaty of commerce and naviga- tion concluded by the two States on the loth February 1894. This complementary convention provides for the extension of the term in the case of German heirs to real estate situated in Russia, from three to ten years. The heirs of a foreigner who has died in Russia, if abroad at the moment of the opening of the succession, are invited by announcements in the newspapers, in the German language, to take possession of their inheritance within two years. On the death of the testator the will must in every case be presented for probate to the court of the district in which the property is situated, or of the place of residence of the testator. Holograph or domestic wills must be produced in the original, while of notarial wills copies are produced. The period of time during which probate of a will by a foreigner must be applied for to the proper Russian court is the same as in the case of wills of Russian subjects.^ Russian Penal Law is the same for the whole country ; there are only a few exceptions concerning criminal procedure. As to the so-called "Private Law" concerning the relations of private in- dividuals, this differs in the various parts of the Empire. The Codex for Inner Russia properly contains exceptions as to Siberia, the Caucasus, the Province of Tchernigoff, and some remotest provinces. In Poland, the Code of Napoleon I. is still in force. The Baltic Provinces possess a special Code. The Courts in Russia vary also, according to the jurisdiction vested upon them. There are special Commercial Courts in Petro- grad, Moscow, Odessa and Warsaw, besides the ordinary Law Courts. In all courts, with the exception of ordinary Divisions of Commercial Courts and matters of inheritance, the fees of the Courts amount to I per cent, of the value of the complaint. There are other expenses which vary according to the case, the Law Court in which it is heard and the Province in which the hearing takes place. Usually, the total cost is much less than the expenses which are paid in England for a lawsuit, and it is advisable in each case to ask a solicitor who has been engaged beforehand, what the costs will amount to. Solicitors' remunerations are charged in proportion to the importance of the ^ See " Wills of Russian subjects abroad," Part V., Chap. 6. 384. p. X., Ch. I. RIGHT TO FOLLOW OCCUPATIONS. 367 ■case, the difficulties and the amount at stake in the lawsuits. Docu- ments which are not written in the Russian language, and which are produced in court, must be accompanied by a Russian translation, certified by a Russian Consul or a Russian Legation, as if it had been drawn up abroad, in accordance with Vol. i. Art. 3 of the Svod Zakanov. CHAPTER II. — ^The right to engage in industry AND COMMERCE : TaXES, PROFESSIONAL DIPLOMAS AND CERTIFICATES IN RELATION THERETO. Foreigners of all nationalities have the right to enter Russian § 385. territory, to reside there, to become naturalised and to engage in mu^^^?'^^^; industry and trade in the country, on the same footing as Russian engage in subjects.^ There are, however, certain restrictions: Immigrants industry from Corea and China are not permitted to take up their residence ^ej.(fg°™" on Russian territory where it adjoins the Chinese Empire, and foreign Jews are not permitted to reside permanently in Russia. To this latter rule there are the following exceptions : — Jews who are we'll known, from their social standing or through their important commercial transactions, may, with the special authorisation of the Ministers of Finance, of the Interior, and of Foreign Affairs, engage in commercial or industrial operations or • establish banks, factories or works within the Empire, on furnishing themselves wdth professional certificates of the first class in the case of commercial undertakings and of one of the first three classes in the case of industrial enterprises. They may also acquire or lease unoccupied tracts of land on the conditions generally laid down in regard thereto.^ Foreign Jews temporarily visiting the Empire for the purpose of purchasing and exporting Russian products may, with the special authorisation of the Ministry of Finance, in concurrence with the Ministries of the Interior and of Foreign Affairs, obtain commercial ■certificates of the first class to enable them to conduct such • operations. Jews coming from Central Asia to the province of Orenburg for purposes of trade are permitted to carry on their business on the same footing as natives of Khiva and Bokhara. Outside of this province they are subject to the general laws relating to members of the Jewish faith. Further, the law of 1901 permits Jews from Central Asia to reside in Russian towns situated near the frontier of Turkestan, upon the ■condition that they provide themselves with Russian professional ^ For passport formalities see " Visa of Passports," Part IV., Chap. II. ; for • customs formalities see " Instructions as to Russian Customs Regulations," Part IX. ; for naturalisation of foreigners in Russia see " Naturalisation," Part V., • Chap. XVIII. ; for marriage of foreigners with Russian subjects see " Marriage," : Part v., Chap. IV. * Svod Zakonov, Vol. IX. §385. 368 RIGHT TO ENGAGE IN INDUSTRY, S-c. P. x., Ch. ir. certificates. Foreign Jews are also permitted to settle in the govern- ments of Bessarabia, Vilna, Vitebsk, Volhynia, Grodno, Ekaterinoslav, . Kovno, Minsk, Mogilef, Podolia, Taurida, Kerson, Tshernigof, Kiev (with the exception of the town of Kiev), and in Poland, Courland,. and Livonia on condition that they bind themselves to establish within a period of three years, factories or works (with the exception' of distilleries) and that they possess the lawful permit of the proper authorities. Finally, artisans of Jewish faith are permitted to settle in Russia, if they have been engaged by Jewish manufacturers residing in Russia. All matters relating to rights of residence and of the trade of Jews, is dealt with by the Department of General Affairs of the Russian Ministry of the Interior, to which all communications and petitions should be addressed.^ Persons engaged in industry or trade in Russia pay special pro- fessional taxes. According to the law of the 8th June 1898, all commercial undertakings are subject to taxation, such undertakings, comprising firms engaged in financial operations or insurance, com- mercial transactions, and contracts of all descriptions ; industrial enterprises such as manufactures, mining, &c., and finally, individual' industrial occupations. Certain undertakings of a commercial or industrial character are exempt from this form of taxation ; they are : public benefit societies, and partnerships on mutual terms ; a few small trades ; the majority of industrial and commercial under- takings connected with agriculture, and some others. The taxes are " fundamental " and " supplementary." The fundamental tax is paid on certificates or licences issued, not in the name of the licensee but for each business undertaking and constituent portion thereof sep- arately, i.e., each shop, warehouse, steamer, &c. In order to apportion the amount payable in taxes in the most equitable manner, the various districts of the Empire are classified according to the relative develop- ment of their trade and industry. The different classes of business are also divided into sections, of which there are {a) five for com- mercial businesses ; (b) eight for industrial enterprises and (c) seven for personal employments. (a) In the first section the amount of the tax all over the Empire is 500 roubles (about 52/.) for each professional certificate in the case of a commercial estabhshment, and 30 roubles (about 3/. 3s.) for every store or emporium. In the remaining four sections the tax: varies, according to the class of the locality and the section of the business, from 150 roubles (about 16^.) to 4 roubles (about 8s.) for each establishment, and from 26 to 2 roubles (about 2I. 15s. to 4s.) for every store. A tax of 20 roubles (2/. 2s.) is levied on each cart employed in the transport of goods and one of 6 roubles (12s.) on each hawker's licence, throughout the Empire. {b) The taxes on industrial undertakings in the first five sections - are 1,500 ; 1,000 ; 500 ; and 50 roubles (about 160^. ; 105/. ; 52/. ; 16/. ; and 5/. 5s.). In the remaining sections they range from 30 to 2 roubles (about 3/. 3s. to 4s.). Special taxes are levied on fairs. * Circular of the II. Department of the Russian Ministry of Foreign Affairs of 12th July 1907, No. 9368. §385. p. X., Ch. II. RIGHT TO ENGAGE IN INDUSTRY. &c. 369 (c) The taxes on individual employment (Sections 2 to 7) are from 150 to 4 roubles (about 16/. to ^s.). The first section of this class refers to the directors and members of boards of commercial undertakings, the managers of companies, &c., these pay 2 per cent, of their salary and other emoluments. Professional certificates of all the classes enumerated above may be obtained by persons of foreign nationality, and give all the rights and privileges enjoyed by Russian subjects.^ The "supplementary" tax is levied on joint-stock companies and other enterprises which are required to publish balance-sheets, and on all undertakings which select this mode of taxation. In the case of joint stock companies the tax is made up of certain per- centages on the capital and profits. In the case of other business undertakings the supplementary tax is " apportioned." An " apportioned" tax is one that is fixed at a gross total amount for a given locality, or for a stated number of persons in such locality, and is then apportioned among them by mutual agreement of the parties, or, if they are too numerous, of their representatives. Any one dissatisfied with the method of distribution is at liberty to appeal to the Crown authorities. Taxes on capital are levied at the rate of 15 copecks (3|^.) for every 100 roubles of stock (about 10^. los.) on all amounts exceeding 100 roubles. In such cases the sums paid for licences for warehouses, shops, ships, &c., are taken into consideration. The tax on profits is paid by business concerns which publish balance-sheets and the net profits of which exceed 3 per cent, of the amount of capital invested in them. The tax is progressive, i.e., 3 per cent, on profits of from 3 per cent, to 4 per cent, of the capital ; 4 per cent, on profits of from 4 per cent, to 5 per cent. ; 4I per cent, on profits of from 5 per cent, to 6 per cent. ; 5 per cent, on profits of from 6 per cent. to 7 per cent. ; 5I per cent, on profits of from 7 per cent, to 8 per cent. ; 5f per cent, on profits of from 8 per cent, to 9 per cent ; 6 per cent, on profits of from 9 per cent, to 10 per cent. When the profits exceed 10 per cent., a tax of 6 per cent, is paid on the total amount and an additional 5 per cent, on the amount of profit in excess of 10 per cent. The apportioned tax payable by business concerns which do not publish balance-sheets is fixed in advance every three years for the whole Empire. The period of three years has been extended to ten years for German, Austro-Hungarian, Roumanian and British subjects, in accordance with special Treaties concluded between Russia, Germany, Austria-Hungary, Roumania, and Great Britain. All invoices for goods shipped to Russia require to be stamped at the rate of 5 copecks per 100 roubles. Copies of invoices require a revenue stamp of 5 copecks, regardless of amount. ^ Svod Zakonov, Vol. IX., Art. 828. §385. 370 §386. Foreigners their right to acquire real and personal property in Russia. CHAPTER III. — ^The right to acquire Real and Personal Property. In principle, foreigners are permitted to own every description of property, whether real or personal, and whether acquired by purchase, by succession, by testamentary disposition, by gift or by expropriation of the State, &c.i They may, with the exception of lews, manage such property in the capacity of stewards in virtue of powers of attorney from the actual proprietors. Similarly they may rent or lease any description of real estate and effect any form of contract or undertaking not prohibited by law, in conformity with the conditions and restrictions estabhshed for Russian subjects proper. There are, however, certain restrictions. 1. Foreigners are not permitted to acquire land in the territory of the Amur and in the maritime districts. 2. The acquisition of land by foreigners in the region of Turkestan and in the territories of the Oural, of Akmolinsk and of Semirechensk is subject to special regulations. I. The expropriation of parcels of State-owned land for the benefit of foreigners of Krasnosvodsk requires, in each case, the special authorisation of the War Ministry, which is granted on the repre- sentation of the Chief of the Transcaspian Territory. 4. In the Polish provinces of Warsaw, Kalish, Kielce, Lomja, Lublin, Petrokov, Plotzk, Radom, Suvalki, Sedletz, and also in those of Bessarabia, Vilno, Vitebsk, Grodno, Kiev, Kovno, Courland, Livonia, Minsk, and Podolsk, foreigners are not permitted to acquire any form of real estate, or to have the use of such property in any way except in the ports or towns. Foreigners residing in the Polish provinces are, moreover, forbidden to manage real property situated outside of the towns on powers of attorney as stewards. These restrictions, however, do not extend to dwelling-houses, country lodges, or houses intended for temporary occupation or residence. The provisions above mentioned apply equally to commercial and industrial undertakings and to companies and associations con- stituted in accordance with the laws of foreign countries, even when they are authorised to conduct operations within the hmits of the Russian Empire. 5. In the territories of Kuban and Kars, the circuits of Sukhum, Batoum, and Artvinsk, the districts of Zugdidsk, Senaksk, Osurgetsk, Erivan, Sharuro-Daralagetsk, Surma, Nakhichevan, Zauguezursk, Gebrailsk, Gevatsk, and Lenkorensk, and in the governments of Erivan, Koutaiss, Ehsavetpol, and Baku, the acquisition by foreigners of land outside the ports and towns, and the right to use land is not permitted, except for the establishment of works or factories and only on the basis of special licenses issued in each individual case by the Civil Governor-General of the Caucasus. This law does not, however, apply to the acquisition of petroleum fields. It is applicable to all commercial ^ Arts. 822 and 830 of Vol. IX. of the Svod Zakonov, Ed. 1903. §386. p. X., Ch. III. RIGHT TO ACQUIRE PROPERTY. 37^ societies, companies, and associations constituted on the basis of the laws of foreign countries, even if they are hcensed to operate in Russia. 6. The acquisition of real estate situated in the government of Volhynia, but outside of the towns, and the right to rent or loan such property, is prohibited : — {a) In the case of colonists of foreign birtli, who have taken out papers of naturalisation. (b) In the case of persons from tlie provinces of the river Vistula when they have been settled there since a date later than the 19th of March 1895. Foreigners who are owners of real estate are not entitled to take part in the local self-government. An exception to this general rule exists in the right granted to foreign merchants of taking part in elections in commercial courts at Petrograd and Archangel, and of being elected members of the latter court. In Great Britain it is provided by the second edition of the Natural- ization Act 1870, that, " real and personal property of every description ' may be taken, acquired, held, and disposed of by an alien, in the ' same manner, in all respects as by a natural born British subject, ' and a title to real and personal property of every description may ' be derived through, from, or in succession to an ahen in the same ' manner in all respects as though from, or in succession to a natural ' born British subject." But by Section 14 it is enacted that nothing contained in the Act shall quahfy an alien to be the owner of a British ship. In the past, Russian law recognised the sale of business only as a transference of effects (premises, goods, etc.) and regarded the assump- tion of responsibihty for any legalities as a matter for special arrange- ment. This has been modified by a new law, which provides that the sale of a business can only be effected by official registration, that a hst of creditors with addresses and particulars of the sums due to them must be deposited with a notary, upon whom it is incumbent to inform the creditors of the proposed transference of the business and to pub- lish three announcements thereof in the local Press and in the official Commercial and Industyial Gazette, Petrograd. The vendor and the purchaser are also made jointly responsible, for a term of five years, for debts previously contracted by the firm and included in the ofticial list of creditors above mentioned, or of which the purchaser is cognizant. In the case of the transference of a business to relatives, the latter are responsible to the same extent as the previous owner. The law also provides that the regulations are enforceable even when only a portion of the business is transferred, and contains sections to facilitate the possibility of establishing by a legal judgment the non- validity of certain transactions made with a view to diminishing the value of a business or recognised as having for their aim the avoidance of liability. Thus individuals or firms are no longer able to evade their responsibihty for debts contracted by fictitious transfers of property. New restrictions upon the right to acquire real property were intro- duced by law on the 2nd Februarv 1915 on account of the European War. According to this law, subjects of belhgerent states, German\-, Austria-Hungary, and Turkey, are forbidden in future to acquire real Great Britain. Trans- ference of property in Russia. Restrictions on account of war. § 386. 372 RIGHT TO ACQUIRE PROPERTY. P. x., Ch. hi. propert}' in Russia, and if they possess such propert}', they must sell it not later than in six months' time, or, if they have acquired a lease on property in Russia, they are obhged to sell the lease not later than in one year's time. Germans and Austrians who were naturalised in Russia after the ist January, 1880, as well as their descendants, are hkewise forbidden to acquire real property in Russia. An excep- tion to this rule is admitted in the case of Slavs, also of those who have been converted to the Greek Orthodox faith before the ist January 1914, and of those who have distinguished themselves on the battle- field by deeds of valour, thus clearly proving their devotion to Russia. In certain border provinces, as for instance, the Crimea, all those of German extraction, even if they are Russian subjects, are compelled to sell their real property, or the lease of such, not later than one year and four months, dating from the time when this law came into force. § 387. Foreigners. Company rights in Russia. CHAPTER IV. — Right of Foreign Companies to CONDUCT Operations and Law Suits in Russia. The term " foreign companies" only applies to companies established abroad by foreigners, in accordance with the laws of their particular countries, for the purpose of engaging in commercial or industrial enterprises within the Russian Empire. Any company, therefore, established by foreigners in Russia and in accordance with Russian law, is considered to be a Russian company. A foreign company is not entitled to engage in any commercial or industrial enterprise within the Empire, unless a treaty or convention of reciprocity on the subject has been concluded between Russia and the country in which such society was formed. It follows, therefore, that, in the absence of any such special treaty or convention, a foreign company possesses no rights in Russia whatever. Such treaties have been concluded by Russia with France (2nd October 1863) ; Belgium (concluded on the i8th/3oth November 1865 and modified by the law of the 22nd May 1884) ; Italy (2nd October/8th November 1866) ; Austria (i6th/28th January 1867) ; Germany (i8th/30th July 1885) ; Greece (nth December 18S7) ; Bulgaria (2nd July 1897) ; Switzerland (19th October/ist November 1903) ; United States of North America (12th/ 25th June 1904) ; Great Britain (i6th/29th December 1904) ; Sweden (i6th/29th May 1915). Foreigners are not permitted to hold shares in Russian steamship companies. Until the year 1904 this restriction existed only as regards steamship companies of the Caspian Sea.^ But, by the law of the year 1904 on " the right of navigation under the Russian national flag," this restriction has been extended to all the steamship companies of the Russian Empire. By this law it was also established that all ships belonging to foreigners were forbidden to sail under the Russian flag.^ 387. ^ Section 2139 note 3 of the X. Vol., Pai't I., Ed. 1883. ^ Sbornick of Russian laws of 1904, No. 133, Section 1422. p. X., Ch. IV. RIGHT OF FOREIGN COMPANIES. 373 The existence of a treaty or convention of reciprocity between Russia and any other country does not entitle any company estab- lished in the country in question to conduct operations in Russia. The privilege to do so is granted in each case by special Imperial ukas, and Russian law is explicit on that point. No joint stock company may be established in Russia, or engage in business trans- actions within the Empire, without the Imperial sanction. An exception to this law exists in the case of certain banking establish- ments, with a capital not exceeding five million roubles, which may be authorised by the Ministry of Finance. No authorisation from the Government is necessary in the following cases : — {a) Joint stock companies established for the exclusive sale in Russia of products manufactured abroad. (b) Shipping companies engaged in carrying goods and passengers between Russia and foreign ports. No company or association legally established abroad is permitted to conduct business operations in Russia without submitting to the same regulations as Russian business houses. A.n\' such company must submit the statutes, under which it is to operate in Russia, to the Government and obtain the requisite sanction of the supreme authority. In order to avoid unnecessary delay in presenting requests of foreign companies for permission to operate in Russia, such requests should be accompanied by the following documents, duly legalised : — (a) The statutes of the company or society, legalised abroad and with an attestation by a Russian Diplomatic or State Consular Officer, to the effect that such statutes are in accordance with local laws. (6) A power of attorney, legalised by a Russian Diplomatic or State Consular Officer, given by the particular company or society in favour of its representative in Russia, authorising him to solicit permission for the society or company to conduct business operations in Russia. (c) In the case of a request for such permission formulated by a society or company with the object of exploiting a patented invention, the letters patent, together with explanatory plans or drawings, must be annexed to the documents mentioned above. {d) In the case of a foreign society or company already operating abroad and requesting permission to extend its operations to Russia, the documents mentioned above must be accompanied by a statement of the firm's accounts and a balance sheet covering the last five years, approved by a general meeting of the shareholders and showing the annual gross receipts, the expenditure and the net profits on all opera- tions, as well as the distribution of such profit and the amount of dividend paid on each share or part share. (e) All documents annexed to the request for authorisation must be accompanied by translations into Russian, duly legalised. All foreign societies which are officially recognised in Russia are entitled to plead before courts of justice in accordance with the general laws of the Empire. At the same time a foreign society, being judicially an individual, cannot plead before such courts otherwise than through a responsible representative. Consequently, any foreign §337. 374 RIGHT OF FOREIGN COMPANIES. P. x., Ch. iv. company recognised in Russia must be represented there by a respon- sible agent, both for the purposes of pleading for it in courts of justice and of managing the company's affairs in general. This agent must be furnished by the company with adequate powers : — {a) To engage in all operations that are within the sphere of the company's activity ; {b) To plead, in the company's name, in all legal questions which may arise in Russia in connection with the company's operations ; {c) To settle promptly all questions which may arise between the society and the Government or individuals, or employees, or artisans. §388. Foreigners. As members of Corpora- tions and Guilds. Honorary citizensMp. CHAPTER V. — The Right to become Members of Professional Guilds and Corporations, and Honorary Citizens. Foreigners, with the exception of Jews, are permitted to enrol them- selves as members of professional bodies and guilds of every description. They are at liberty, further, to engage workmen, if they conform to the general laws on this subject. Foreigners who may be desirous of joining a professional body or guild must submit a certificate signed by a foreign ecclesiastical consistory or other competent authority, certifying that they are of the Christian religion, and also an artisan's certificate issued by a technical college or some other similar institution in their native country. In the absence of such certificate, specimens of the can- didate's work must be submitted. The documents and vouchers must be duly legalised by a Russian Legation or State Consulate. The membership of a guild must be renewed at the expiration of twelve inonths. Foreigners whose activity might be of utility to Russia may receive the title of honorary citizens. This title, and the advantages and rights appertaining thereto, are conferred upon foreigners by a special Order (ukas) of the Ruling Senate. The foreigner must make applica- tion to the Minister of the Interior and pay a duty of 15 roubles. Foreigners already possessing the title of honorary citizen are not entitled to become hereditary honorary citizens. This latter title can only be given to foreigners who have become naturalised in Russia after ten years have elapsed from their nomination as honorary citizens. If not naturalised they are entitled to petition that the title of here- ditary honorary Russian citizen be given to their children, if the latter are Russian subjects. The duty on this title is 30 roubles. §388. 375 CHAPTER VI. — Rules to be observed by Commercial Travellers in Russia. Merchants, manufacturers and other persons or firms engaged in Commercial trades, who by the production of certificates (carte de legitimation), Travellers. issued by the proper authorities of their respective countries, can prove that they are entitled to engage in commerce and industries and that they have paid the rates and taxes prescribed by the law, have the right cither personally or through commercial travellers in their employ to purchase goods or take orders for goods in Russia. In order to enjoy the rights in this respect which are conferred by Russia through the Conventions on the subjects of the most- favoured countries, the said merchants, manufacturers or persons must be pro- vided with special Trade Certificates, the dues for which levied in favour of the Treasury are 150 roubles for a whole year, and 75 roubles in case the said persons arrive in Russia at the beginning of the second half year of each year. Local rates are in a preliminary way levied in addition to the Government tax and do not ordinarily exceed 30 per cent, of this tax. Commercial travellers have to provide themselves with Trade Certificates in the Custom House after their arrival in Russia. These certificates hold good from the date of issue up to the ist January of the following year and are affixed to the passports of the commercial travellers. These latter are bound to present certificates together with the carte de legitimation as above, at the Courts of Exchequer or to the Inspector of Taxes in the first town in which they arrive, previous to beginning commercial operations. Commercial travellers must also obtain a personal licence at the cost of 50 roubles. A per- sonal licence is not necessary if the traveller applies for a trading licence in his own name. In order to take out a trading licence on behalf of a firm, the traveller must produce a power of attorney or letter of authority, and also a certificate of " licence to trade" issued by a British Chamber of Commerce. Resident agents of foreign firms are liable to the same taxation as Russian firms. Agents residing in Russian towns, who do not travel, but who obtain orders from foreign firms in their own name, and thus personally conduct their business without the assistance of clerks, and without having any special estabUshments in connection with their business, are only required to provide them- selves with a personal trading licence of the 4th category, the cost of which in Petrograd and Moscow is 37 roubles, 50 kopecks, and in other localities from 25 to 10 roubles. If an agent takes orders in his own name, and also owns a mercantile estabhshment, he must pay 500 roubles for a trading licence, which qualifies him to do business through- out the country. Should he confine his activity to Petrograd and Moscow, he must pay 150 roubles for a licence, and from 125 to 50 roubles for a licence in any other localit3^ If the agent takes orders in the name of a firm, the latter must be furnished with a trade Ucence of 500 roubles, 150 roubles, 125 roubles, or 50 roubles, as specified above, provided that the business is of a commercial character and on a sliding scale (50 roubles to 1,500 roubles), and that the firm is engaged §388. 3/6 RULES TO BE OBSERVED, &c. P. x.. Ch. vi. in the manufacturiiig industry. The agent himself in such cases must take out a first-class clerk's hcence (35 to 40 roubles). In Finland there is no tax on commercial travellers, and there are no fees or taxes payable by local agents for trading licences or for the right to sell goods of foreign origin. Trade certificates can be obtained and paid for by foreign com- mercial travellers from the customs authorities on the Russian frontier. Trade certiiicates may be issued in the name of those persons who proceed to Russia, and in such cases they need not procure personal certificates in their own name. Commercial travellers who cire Hebrews had, up to 1904, to pay a tax amounting to 500 roubles (and not 150 roubles) for their trade certificates. However, the Commercial Conventions concluded be- tween Russia and Germany, France and Austria-Hungarv*, have intro- duced a change in this rule, pro\-iding that with regard to the issue of trade certificates and to the amount of the tax le\-ied for them, no difference will be made as to the religion to which the said merchants, manufacturers, persons engaged in industries, and commercial travellers belong. In the same way, no difference will be made with regard to the religion of the interested persons as to the time the Consular visa on the passports holds good, which is 6 months (the vahditj' of the \-isa on the passports of Jewish commercial travellers was pre^-iously 3 months). The representatives of foreign commercial houses, arriWng in Russia exclusively for purchasing goods, are not subject to the law relating to trade certificates and consequently have not any tax or rates to pay whatsoever. It may be, however, noted that the law in this respect makes a difference as to the Jews. Section 828 of the 9th Vol. of the Code namely mentions that the aforesaid right is conferred on such foreign Jews, who are known through their social position and the importance of their conunercial undertakings and who arrive in Russia only temporarily in order to purchase and export Russian products, on condition that they are proWded with Trade Certificates prescribed for commercial enterprises of the ist category and have obtained each time a special permission from the Ministers of the Interior, Foreign Affairs and Trade Industries. A foreign commercial traveller, who represents several commercial firms, must, in order to carr\- on operations in Russia, have one Trade Certificate in his owti name for personal business of the fourth category' (Schedule 5 annexe to the Section 368 of the Regulations, relating to Direct Taxation) ; each of the firms on whose behalf he arrives in Russia must take out a trade certificate for conunercial enterprise of an amount not less than 150 roubles. Commercial travellers provided with the proper certificates can only carry with them samples and models, but no goods. Articles hable to customs duty, imported by the said persons or conunercial travellers as samples or models, are admitted free of import or export duty, on condition that these articles are re-exported within one year and that the identity of the articles imported and re-exported cannot be doubted. In order to be allowed these facihties, commercial travellers must produce their certificates to the customs authorities p. X.. Ch. VI. RULES TO BE OBSERVED, &c. 377 at the time when the samples are in the custom house. In Finland, re-exportation of samples must take place within six months in order to obtain refund of the duty deposited. Samples of different materials or manufacturers having neither the form nor the nature of mer- chandise, are admitted duty free into Russia.^ The re-exportation of the samples must be guaranteed either by a deposit of the corresponding customs duty at the custom house through which the samples are imported or by any other security. On the expiration of the said period, the customs duty is trans- ferred to the Treasury or is levied for the benefit of the same according to the circumstances, whether it has been paid in or guaranteed by a deposit, except in the case when it is proved that within the said period the samples or models were re-exported abroad. If before the expiration of the said period the samples or models are produced to the proper authorised custom house, for re-exporta- tion abroad, the said custom house must ascertain by inspection the identity of the articles produced with those for the importation of which permission was obtained. In the absence of any doubts in this respect the custom house certifies the exportation and refunds the duty paid in as deposit at the time of importation or makes a corre- sponding arrangement for the refunding of the security. According to the Commercial Conventions with Germany, France, and Austria-Hungary, foreigners who are going to fairs or markets in Russia for trading purposes are given full equal rights with local subjects and are not taxed at a higher rate than the natives of the country who are also trading. The Commercial Conventions prescribe that merchants arriving in Russia may carry with them samples of lire-arms, on the absolute condition that they comply with all general and local regulations existing, or which may be issued regarding fire- arms. ^ Russian Customs Tariff, No. 218. §388. 378 PART XI. Legal Position of Foreigners in Russia with regard to Particular Branches of Industry. § 389. Foreigners. Manufac- turing and Metallur- gical In- dustries in Russia. CHAPTER I. — Manufacturing and Metallurgical Industries. Foreigners may establish works, factories and mills in accordance with the general laws as to these industries. The manufacture cf ordnance and small arms, with the exception of sporting guns and ammunition for them, however, is a monopoly of the State, while the manufacture of playing cards is a monopoly of the Imperial Institu- tion for Foundlings. Further, foreigners are not permitted to own, promote or manage any works or factories for the manufacture of explosives. All questions relating to factories, works, mills, &c., are subject to the Ministry of Finance. Petitions to this Ministry for permission to establish factories or works must be accompanied by the written acquiescence of the authorities of the locality in which the proposed establishment is to be situated. The estabhshment in Moscow and its district of spinning mills, foundries, stearine works, tallow factories and establishments for the chemical production of combustibles is prohibited. The establishment of varnish manufactories on the cold system, as well as weaving mills, fulling works and paint factories is not per- mitted in Moscow, except with the consent of the Governor-General of that city and of the Minister of Finance. §390. Mining. CHAPTER n.— Mining. Foreigners may engage in any mining industry, whether on land belonging to individuals or on State property.^ This general permit docs not, however, apply to the maritime regions, the island of Sakhalin, the Ousinski province of the Yenisei territory, and the Siberian territory where it borders on China. The Minister of Agriculture and of the Imperial Domains may intervene with the Committee of Ministers to permit individual foreigners and foreign companies and societies to engage in mining enterprises of every description, even in the territories mentioned above. Foreigners who are not permitted to conduct mining operations on the territories enumerated in their own right are 1 Svod Zakonov, Vol. VII., Art. 263. §§ 389, 390. p. XL, Cii. II. MINING. 379 also prohibitt'd from doing so on any other person's account. Any one having the right to engage in the industry in question may estab- hsh associations for the purpose, the statutes of which must be sub- mitted for approval to the local mining administration and to the Department of Mines,. Before prospecting for minerals it is necessary to obtain a permit from the local mining Administration. On the discovery of a new mine a declaration, accompanied by a plan and detailed description, must be sent to the Administration. Foreigners are not permitted to acquire land for mining purposes in Poland, but any foreign industrial company or business association there, established in accordance with the laws of their own country, may continue to carry on such an industry on land situated in Poland, if such land was acquired previously to the publication of the Imperial ukas of the 17th May 1S87. CHAPTER III. — Petroleum Industry. The petroleum industry is open to foreigners in all parts of the Empire, § 391. ^^^^^+ . Mineral Oil. except : — {a) The maritime regions, {b) The island of Sakhahn. This industry is subject to provisional rules as follows : — Jews who are entitled to reside in any part of the Empire, and all foreigners and foreign associations, including those having the right to engage in commercial and industrial enterprises in Russia, must obtain the special authorisation of the Ministry of Agriculture and of the Imperial Domain, and of the Governor-General of the Caucasus, before they can acquire or exploit the petroleum fields of the Caucasus, or prospect or obtain concessions of such lands. This law does not apply to cases of inheritance. Jews or foreigners are not permitted to have the sole management of petroleum plants. Proprietors of petroleum fields are bound to inform the local Administrator of Mines every time they strike a well or commence to work one. To prospect on Crown territory a special permit is required from the local Administration of the Imperial Domains. CHAPTER IV. — Manufacture and Sale of Salt. Foreigners are freely permitted to work salt found on their own § 392. property. They are also permitted to lease the salt-beds and salt- * ' works belonging to the State. The trade in salt is free to all, including foreigners, and is free of all taxes, direct or indirect. The importation of salt by way of the ports of the Black Sea and the Sea of Azof and of Transcaucasia is prohibited. §§ 391, 392, §393. 38o MANUFACTURE AND SALE OF SALT. P. xi., Ch. iv. Foreign salt is subject to an import duty. Crimean salt may not be brought into Russian ports without a certificate of origin. A similar certificate is obhgatory for Trans- caucasian salt. The importation of salt to the ports of the Murman coast (in the province of Archangel) and to Kola for fish-curing purposes, is per- mitted duty free and without restriction as to quantit37. CHAPTER V. — Manufacture and Sale of Alcoholic Beverages. Application for licences to manufacture alcoholic beverages or to Alcoholic erect breweries or distilleries must be made to the chief excise officer Beverages. or to his assistant. Foreigners wishing to obtain licences to sell alcoholic liquors must make apphcation to the same quarter giving a description and naming the proposed locahty of the establishment. The application must be accompanied by the trade certificate appointed for this class of trade by law and by a written authorisation from a competent local authority. The acquisition of distilleries by existing joint stock companies, or associations, or the formation anew of such companies or associa- tions for the purpose of establishing or working distilleries is prohibited. The law of the 6th June 1894, which deals with the Government monopoh^ of the drink traffic, lays down that the business of distilhng is open to private enterprise, but the production of each distillery manufacturing spirits, whether from grain or potatoes, is limited to a certain fixed quantity. The Government undertakes to buy, from the distillers of a district in which the monopoly is in operation, a quantity equal to two-thirds of the total consumption of the district, at a price to be fixed annually by the Minister of Finance. These two-thirds of the total quantity required are bought from the distillers in accordance with the follow- ing rules : — Distilleries which did not produce more than 13,535 gallons of 40-proof ^ spirit in any of the three years previous to the introduction of the monopoly are allowed to supply the Government annually with a quantity equivalent to their largest average production during that period. Distilleries which produced more than 13,535 gallons per annum are limited to that quantity of 40-proof spirit. Any further amount necessary to make up the two-thirds of the total quantity required by the Government is obtained from the distilleries of the district, in proportion to the amount of their production during the three years already referred to. The remaining one-third is either bought at public auction, or manufactured in Government distilleries. The spirit is rectified either at the Government warehouses, by private rectifiers, or by the distilleries, and always under the direct super- vision of an excise officer. After rectification the spirit is delivered ^ In Russia alcohol is counted at 100 degrees. " Forty degrees proof " means that to every 100 parts of the spirit there are 40 parts of pure alcohol. 393. p. XL, Ch. V. MANUFACTURE, ALCOHOLIC BEVERAGES. 381 to the Government warehouse, where it is bottled in quantities of from ,,-i.jj to I of a vedro (0-017 to 0-85 gallon), and distributed to the wholesale and retail dealers. Spirits are only sold for consumption off the premises, and are in sealed and labelled bottles. The sale of spirits is only permitted in shops controlled and managed by the Government or in those of private persons who are specially licensed for the trade. During the present war very stringent measures have been taken Restrictions, by the Government for the restriction of the sale and consumption of alcoholic beverages. CHAPTER VI. — Manufacture and Sale of Tobacco. The tobacco trade is open to foreigners. Apphcations for licences to establish tobacco factories must be addressed to the excise author- ities, accompanied by detailed descriptions of the proposed factories. In addition to the trade certificates that are required without exception for all business estabUshments, any person wishing to manu- facture or deal in tobacco must obtain a special licence, which is issued during the months of November or December for the whole of the following year. If a hcence be taken out before the ist July the charge for it is the full amount for the current year. If taken out after that date the charge is for only six months of the year. No establishment may be opened or any business commenced until the licence has been obtained. In the case of establishments for the retail sale of cigars and cigar- ettes, instead of the licence, a special permit from the Ministry of Finance must be obtained. § 394. Tobacco. CHAPTER Vn. — Manufacture and Sale of Sugar. The cultivation of the sugar beet and of other plants from which § 395. sugar is manufactured, sugar refining, and the sale of sugar, are per- Sugar, mitted in all parts of the Empire. The duties on this product arc (i) the tax on the excise licence, (2) excise duty on the amount of crystalUsed sugar produced. The trade is subject to no restrictions. The patent fees [i.e., the fees on excise licence) are 5 roubles for every thousand poods produced (320 cwts). The excise duty amounts to I rouble 70 copecks per pood (36' 11 lbs. avoirdupois) of sugar. §§ 3S3, 394, 395. 382 § 396. Matches. CHAPTER VIII.— Manufacture of Matches. Foreigners are permitted to engage in this branch of industry without restriction. The manufacture is subject to the following duties : — 1. Patent duties. These are collected on patents or licences issued by the local government treasuries and municipal administrations. 2. Excise duties on imported or home manufactured matches. The patent duties are (i) 50 roubles per annum for factories where all the work is done by hand, (2) 100 roubles per annum for those employing horses, (3) 150 roubles per annum for those employing steam. The excise duties are :■ — (fl) Safety matches of home manufacture : — J copeck per box containing not more than 75 matches. ^ copeck ,, ,, ,, from 75 to 150 matches. I copeck ,, ,, ,, ,, 150 to 225 I copeck ,, ,, ,, ,, 225 to 300 Safety matches of foreign manufacture : double the above amounts. (b) All other descriptions of matches, if of home manufacture, pay double the amounts indicated in {a), if of foreign manufacture, four times those amounts. CHAPTER IX. § 397. Books and Printed Matter. -Publishing and Importation of Books. Persons who wish to set up a typographic, lithographic, or any other printing establishment are obliged to obtain special permits, which are issued, in Petrograd by the Prefect of Police, at Moscow by the Governor-General, and in other towns by their respective Governors.^ In such cases it is necessary to produce : — (a) Trade certificate. (&) A declaration of the number of printing presses to be installed and of their sizes. The same course must be observed in order to obtain permission to open libraries, reading-rooms, &c. All books, paintings, prints, plans, geological maps, music and words, and all scientific works, or works of literature or art imported into the Empire, after inspection by the customs authorities, and after paying irnport duties, are forwarded to the Central Committee of Censors. Travellers may, however, introduce among their belongings, without submitting them to the censorship, one copy of the following kinds of books and other articles which are neither of a political, religious, or immoral character : — I. Diaries, almanacs, calendars, small dictionaries, books of 1 Svod Zakonov. Vol. XIV. §§ 396, 397. p. XI., Ch. IX. PUBLISHING, &c., OF BOOKS. 383 dialogues, grammars, readers, albums, novels, books of stories, the importation of which is not prohibited by the censor. 2. Portraits, photographic and lithographic views, &c. 3. Plans, geographical maps, guides, and books on navigation. 4. Music with words, prayer-books, and copies of the Holy Scrip- tures, with the exception of copies of the Scriptures printed abroad in the Russian or the Slavonic language, which may only be introduced with the sanction of the orthodox ecclesiastical censors. All books which persons endeavour to introduce secretly into the Russian Empire are confiscated.^ The customs duties on the importation of printed matter into Russia are as follows : — Books and publications of every kind with or without illustrations, if printed abroad {i.e., out of Russia) in the Russian language (except parallel dictionaries) : 1870 roubles per pood (is. id. per lb.). Books and periodical publications, if printed in a language other than Russian, and not bound : Free. (This exemption apphes to catalogues, &c., printed in a language other than Russian.) Price lists with printed illustrations and inscriptions or signatures, but without separate text : 1870 roubles per pood (is. 6i. per lb.). On all the above articles in the event of their being imported bound or half-bound, an additional duty of 1-65 roubles per pood (los. 10^. per cwt.) is levied. CHAPTER X. — Manufacture of Articles of Gold AND Silver. All articles of gold or silver in Russia must be stamped with the legal § 398. mark, excepting : — ^?^^ *^^ 1. Articles weighing less than | zolotnik (^L oz.). 2. Mathematical and chirurgical instruments, the settings of artificial teeth and watches of gold and silver. 3. Gold and silver brocades and articles embroidered in gold or silver. 4. The personal property of travellers, if its importation is not prohibited by the customs tariff. 5. Antique articles possessing either artistic, historical or archaeo- logical value. 6. Gold and silver ingots, sheets or bars do not require to be stamped. Ingots must be impressed with the mark of the Mint " pure gold," when issued by the State to individuals or organisa- tions engaged in gold mining, in exchange for crude gold delivered to the Mint, with the stamp of the customs authorities (" imported ingots ") or with a private mark (" of private alloys "). Ingots of gold or silver of private make intended for the artisan's own use do not require to be stamped. 1 Svod Zakonov, Vol. XIV. 398. 384 PART XII. Legal position of Russian Subjects in Great Britain. §398 Foreigners in Great Britain. There are no Acts of Parliament affecting Russian subjects as dis- tinguished from subjects of other foreign States. Russian subjects have alwaj^s been entitled to hold personal pro- perty in Great Britain, and by the Naturalisation Act of 1870, they were empowered to hold real estate also. The laws of Great Britain do not impose any restriction upon the carrying on of trade and manufactures by Russian subjects. But a Russian subject cannot be the owner of a British ship.^ Russian corporations carrying on business in England must be registered in the Companies' Registry, pursuant to the Companies* (Consolidation) Act 1908, and must make the returns required by the Act. With regard to the exercise of professions by Russian subjects the restrictions are ; — 1. A Russian subject cannot be admitted as a sohcitor. A solicitor is an Officer of the Court and takes the oath of allegiance upon his admission. 2. A Russian subject cannot be a clergyman of the Established Church of England, who is required by the Statute to take the oath of allegiance upon his ordination, unless he proposes to minister outside British Dominions. 3. A Russian subject cannot serve in the Navy or Army of Great Britain, except in time of war, and then by special permission, and he cannot be a State employee of the United Kingdom — with the excep- tion of a physician and surgeon, who can serve in the British Army provided that they hold an English diploma, and are Europeans. 4. A Russian subject cannot be elected a member of Parliament, or a mayor. In case of law suits in Great Britain, Russian subjects are under the obligation to provide sureties, while British claimants are not obliged to do so.^ The execution of judgments of Russian courts does not take place in Great Britain although the defendant may be in the United Kingdom. ^ The Merchant Shipping Act, 1894, S. i. ^ See § 384. §398. 38; PART XIII. A Plea for Consular Conventions.' As a result of the ever-rising tide of international trade, commerce, finance, and other business relations, the need for a closer understand- ing between local authorities and foreign Consular Officers is constantly growing. In the present state of civihsation and culture each nationahty is more and more merging its individuality in the universal life of civihsed mankind. This tendency towards the development of inter- national intercourse has enhanced the importance of the Consular service. Only a hundred years ago nearly all Consular Officers were honorary, not State, officials, while, at the present time, the Great Powers are served, at the important centres of commerce and navigation, by professional Consuls the range of whose duties is as great as it is varied. The growing complexity and importance of Consular duties has Legal Status made it necessary to define the legal status of Consular Officers at of Consuls, their place of residence and to regulate their mutual relations with the local authorities in a more explicit and precise form than is done by the " Exequatur" — the ordinary form of recognition of the official character of the Consular Officer by the local Government. On the Continent this has been arranged in a satisfactory manner by a series of treaties concluded for the purpose of assuring to Consular Officers a satisfactory legal position, which enables them to transact their public business with due efficiency. Great Britain alone has lagged behind in this movement and has, up to the present, left the Consular status and the definition of the competency of foreign Consuls in the British Empire in a position which no longer satisfies the modern requirements of international intercourse. To instance Russia, the whole range of the duties of Russian Consular Officers in Great Britain is regulated solely^ by the provisions of the Treaty of Commerce and Navigation concluded on 12th January 1859. under which the Consuls of the two contracting Powers enjoy the " powers and privileges, exemptions and immunities of the Consuls of the most-favoured nations." This most-favoured nation clause enables British Consular Officers in Russia to enjoy all the rights and privileges accorded by Russia in the Consular Conventions concluded by her with France on ist April 1874, with Germany on 8th December 1874, with Italy on 28th April 1875, and with Spain on 23rd February 1876, while in , England this clause has hardly any practical importance whatever for ^ By kind permission, reprinted from the Journal of the Society of Compara- tive Legislation, London, October 1913, contributed by the author. - With the exception of the declaration agreed upon in London, 9th August 1880, by Great Britain and Russia about estate left by sailors on board ships of their nationality. 386 A PLEA FOR CONSULAR CONVENTIONS. P. xiii. foreign Consuls. According to a Memorandum^ of the Chief Secretary's Office at Adelaide, dated 8th August igo6, the Secretary of State for the Colonies, after communication with the Secretary of State for Foreign Affairs, laid down under date 9th June 1906, the principles that foreign Consuls in England were treated like any other foreigners resident in England and were not visitors of the Court ; that there were no privileges to which foreign Consuls were strictly or legally entitled ; that the law could hardly be said to recognise them in their official character ; that no difference should be made in treatment between professional Consuls (Consuls de carriere) and other Consular Officers ; that it would be in the highest degree inconvenient if, in British Colonies, Consuls of foreign powers were permitted to acquire a claim to the privileges or immunities of diplomatic agents ; and that foreign Consuls would not be permitted to approach the local Government with re- presentations on general, political questions. The Memorandum above quoted requires comment, in order to bring out the different points involved. No one intends to claim for Consular Officers the privilege of exterritoriality which is accorded to diplomatic representatives, and nobody questions that representations on general political matters are altogether outside the province of Consular Officers. As a matter of fact, in those countries which have concluded Consular Conventions and in which the position of Consular representatives is quite satis- factory, they are not entitled to exterritorial rights and are not at liberty to engage in questions of general politics. The reasons which should induce the English Government to conclude Consular Conven- tions lie therefore in quite another direction. The Duties International relations are based on the principle of reciprocity. 01 Consuls. From the point of view of that principle it does not seem right that the foreign Consuls who reside in the British Empire should not enjoy, in their places of residence, the rights and privileges which are necessary for successfully and efficiently carrying out their duties, while English Consuls abroad are in full possession of such rights. Moreover, not only the foreign Consuls but also the British authorities would find it useful and advantageous that the Consular service should have a better ' and more efficient standing than has been the case in Great Britain heretofore. The fact ought not to be lost sight of that Consular Officers, albeit they are foreign representatives, are, at the same time, local officials and are ever ready, not only to assist their own country- men, but also to co-operate with the local authorities. In their capacity of official residents of the country, not for private purposes but by appointment of their own Government and by the express consent of the local Government, they need a special legal status distinguishing them from private persons. Foreign Consular Officers are expected to act for the benefit, not only of their own countrymen, but also of those local residents and authorities who apply to them. Having no administrative and executive power whatever and no status defined by law they find themselves in a somewhat constrained position, which ^ Published in New Zealand under date ist October 1906, in Gazette of 4th October 1906, p. 2608 ; in South Austraha under date 6th August 1906, in the Gazette of 9th August 1906, pp. 282-3, and in the Gazettes of other Australian States. p. XIII. A PLEA FOR CONSULAR CONVENTIONS. 3S7 prevents them carrying out their mission and work in a satisfactory manner. Consular Olficers are, as a matter of fact, in the tiansaction of their pubHc business, local officials. It is therefore not only desirable but it stands to reason that their official character should be recognised in all cases where they are approached officially. In their jurisdiction over the seamen serving on board merchant Consular vessels of their nationality, Consular Officers in Great Britain do not Jurisdiction always find themselves at liberty to apply their rules and regulations. Seamen. It is a provision of international law which has been expressed in the treaties of all civilised nations, that it is the Consul's right and duty to inquire into all differences and disputes between captains and their crews so long as they relate to questions of the internal discipline of the vessels. Only when the disorder is of a character to interfere with the public peace or where another person, not a member of the crew, is imphcated in it, are the local authorities entitled to interfere. This rule is not yet sufficiently recognised in Great Britain. There have been cases in which magistrates in Great Britain have regarded themselves as competent to interfere between captains of vessels of foreign nationality and their crews in matters of discipline and wages. It is difficult to understand how a British judicial functionary who is ordinarily ignorant of the rules and regulations under which foreign ships' articles are signed can be competent to adjudicate on questions which turn wholly on those rules and regulations. British Courts have gone so far as to take upon themselves to decide in cases of disputes between foreign sailors about wages and ship's discipline that the application of the foreign law is not in itself compulsory in Great Britain. In one case of a dispute as to the paj^ment of wages and of other differences of a disciplinary nature on board a German vessel, the Johannes ChristofJ, which was then lying in a British port,^ it was decided that the foreign law should not be applied if the Court were of opinion that it did not correspond with the rules of British justice. In this way British Law Courts have regarded themselves not only competent to settle disputes which, according to international law, are ordinarily exempt from territorial jurisdiction, but even at liberty. in such cases, to decide whether the laws of a foreign country concerned should be applied as being in accordance with justice and, if they think that is not the case, to correct them in accordance with their own views. In face of this rather extraordinary mode of procedure, it is fair to mention, in order to do justice to the practical common sense of Englishmen, that British authorities, as a rule, are aware of the fact that the Consular Officer of the nationality to which the ship belongs is more fit than are the local Law Courts to give judgment in disputes about wages and discipline through his knowledge of the language and of the maritime laws of his nation. Nevertheless, the theoretical weakness of the legal position remains, and it may not be altogether superfluous to point out that, according to the generally recognised principle of international law, a contract, concluded in observance of the laws of the land where it is made, is valid, not only in that land, but everywhere else. It is therefore irrelevant whether the contracting ' " Streitige Gerichtsbarkeit Freinck-r Konsuln in Zivilisirten Landern,' the Journal Zeitschrift fiir internationales Privat ttnd Strafrccht, iSSi, Vol. I. A PLEA FOR CONSULAR CONVENTIONS. P. xiii. Proposed Consular Conventions with Great Britain. parties remain in the State where the contract was lawfully concluded or whether they happen to enter the territory of another State. Articles signed in Russia by the crew of a Russian vessel cannot lose their validity through the ship being in a port of the United Kingdom. It was nothing short of a violation of international law that a Scottish Sheriff arrested a Russian ship on behalf of certain of her crew who, having deserted, claimed wages which they had forfeited by their action.^ It would seem, therefore, to be in the interests of international shipping that Great Britain should renounce the obsolete pretension to the right of interfering at her pleasure in the internal affairs of foreign ships and should leave it to the foreign Consular Oiftcers concerned to deal with such matters, recognising them as the only competent judges in all that relates to the discipline and internal economy of the ships of their nationality in accordance with inter- national law. The adoption of such a course by Great Britain would be the more advisable, as British Law Courts regard cases of desertion from foreign ships as not coming within their jurisdiction. If the breach of the internal order of a foreign ship by desertion is considered outside the competency of the local courts of justice, it would be only consistent that all cases connected with that order should be treated similarly. The reasons which have induced the Continental Powers of Europe to regulate by mutual agreement the legal status of their Consular Officers apply equally to this country. It is obvious that it would be to the advantage of both sides to strengthen the official position of foreign Consular Officers in Great Britain. The old principle of absolute territorial sovereignty, which does not admit of the exercise, in any form, of the jurisdiction of a foreign State within the limits of the home State, has become incompatible with the requirements of modern intercourse amongst civilised nations. Great Britain has already infringed the principle of absolute sovereignty by the Statute of Queen Anne of 1709,- which assures to foreign diplomats the unhmited exercise of their duties by granting them the privilege of exterritoriahty. She was induced to do so by the requirements of the international com- munity of the civilised States of the world. The same reason calls for the recognition, by international agreement, of a Consular legal status. Of course it would hardly be possible to grant such privileges to Con- sular Officers who are the subjects of the State in which they fulfil their functions. A Consular State Treaty which would determine the com- petency of foreign Consuls and formulate their legal status would there- fore not introduce a new principle in the Consular regulations of Great Britain with other States, but would only make the Consuls better able to serve the interests of their own nationality as well as those of the place of their residence. The Consular Conventions which it is suggested should be concluded between Great Britain and other States should incorporate the stipulations of the like Consular Conventions concluded by Russia with France, Germany, Italy and with Spain, with the exception of those stipulations referring to navigation. The particulars of this case are quoted at length in § 268. 7 Anne c. 12. p. XIII. A PLEA FOR CONSULAR CONVENTIONS. 389 The Consular status defined in these Conventions is stated therein Definition of as follows : Professional Consuls (Consuls de carriere) can neither be gf^J^ arrested nor put in prison except for deeds which, according to local law, are triable by jury. If required to give evidence in courts of law, they must be invited to attend by an official letter from the local tribunal, not by the customary summons to appear on pain of punish- ment, and they may excuse themselves, on the ground of Consular business, from such attendance in civil cases, and in such cases the local authorities must send to the Consul to take his verbal deposition, or to have the same reduced to writing. The Consular archives are exempt from the power of the local authorities, who cannot, under any pretext, either seize or inspect them. Professional Consuls (Consuls de carriere) are exempt from any obligation to furnish quarters for the military or to pay military contributions, and are free from payment of house duties and direct taxes on personal estate or luxuries imposed by the State or local communal authorities, unless they possess real estate in the country. In the latter case they pay the usual taxes as private persons, so far as real estate is concerned, and are subject to the same legal procedure as the landowners who are natives of the country, i.e. they must pay all taxes which are borne by native landowners on the property they own. Consuls have the right, in the exercise of the powers which are conferred upon them, to address to the authorities of their Consular districts protests against the infraction of treaties or conventions existing between their own country and the State in which they reside, against any abuse or injustice to which the State they represent may have been subjected. If their claim be ignored, they may have recourse, in the absence of a diplomatic official of their own country, to the Government of the State in which they reside. In cases of this nature. Consular Officers are entitled to enter their pro- test directly, either in a court of law or with the responsible State officials, and do not need to follow the customary modes of procedure or to be represented by lawyers or attorneys. Therefore the Consul has, in the course of his official duties, the right to maintain his official character even in courts of law and before the organs of administra- tion. The Consul must be notified by the local authorities whenever the pohce or the Custom House officials intend to visit a Russian ship, in order that he may have the opportunity of being present. The aforesaid treaties also give the Consular Officers of the contracting parties the right to act as notaries public : {a) In cases of deeds con- cluded between their countrymen on the one hand and local subjects on the other ; {h) in cases of deeds concluded between local subjects, if such deeds have for their exclusive object property situated in the territory of the country which they represent or if they relate to affairs which are to be dealt with in that country. Consular Officers are further empowered by these treaties to certify the validity of docu- ments issued in Russia for the purposes of local authorities. All such documents when properly attested by Consular Officers and sealed with the official seal, possess the same vaUdity and force in the territory of the contracting Powers as they would have if they had been drawn up in either country by notaries or other officially competent persons. The stipulations as above have proved in other States to be satis- of^E^^g^^ factory, assuring to the Consular Service that efficiency which must Privileges. 390 A PLEA FOR CONSULAR CONVENTIONS, P. xiir. be its chief aim. It can be safely assumed that the same stipulations would prove satisfactory also in Great Britain, not interfering with the territorial sovereignty and giving to the foreign Consular Officers the possibility of carrying out their mission and of being of assistance to local authorities in a more complete and satisfactory way than has been the case hitherto. Many of these stipulations have already been recognised in Great Britain. It is now only necessary to codify them and to bring them from the state of sporadic and casual observance into the most satisfactory position of express acknowledgment by the State authorities once for all. For instance, foreign Consular Officers in Great Britain do not pay Income Tax and House Duty by courtesy. There have been cases when Consular Officers, being in Court for giving assistance to judges; have been allowed to be seated on the Bench. Consular jurisdiction in the matters of discipline and internal order on board the ships of their nationality is ordinarily not interfered with by local authorities. Foreign Consular Officers in England have in many cases acted as notaries public in legalising deeds concluded be- tween local subjects which have for their object property situated in Ihe territory of the country, which they represent according to the rule lex rei sit;;> to S -3 o, ^ a g a .lass ■■~ ■A "2 "=^ S 2 3 05 -- :cs s -;-, -— = CO a a 3 03 ^ 2 C3 ^ TS S -S a a .2 ^ •p- a 03 .ii "^ t>& JO '^ ;-* a ^ = a 5 JQ **£* ri f>I* ^- va = 3 a — .— «R -4? .2i 3 ii iO ^ o-* — -■ - - -"Ow-*-*^ ?& » ^ ^ ;s^^ ^.g, « H J-; Ji -S „ ~» .-^ r^ S^<^^»§^^«e?^®QS=:«&;&QWa!?^®;i&;6^ui)^S^(B^ (-^ 6» ft ^3*o^ ^^^ ai;'*^ "w^ a •^ c:c3 asaa iii|II|fil|i|llir ° - - - .§ I § -g § s ^ ■- - - " - - « ^ « &(D IS) T. -Z a -^ •- •" 55 fc06^ ft « ^ ^ « C3 &i t3 = o, a. « S o3 ™ H o a, ►S a O « V3 .ft" >0 kQ >> H « >0 -i- CO c] TO o f-Ti ^ ,o>5ria.K"« O >> p. XIV. MARITIME VOCABULARY. 395 ^ •^ a rt '-O c. i 5" 3 o « _ ^ 3 a ^^ *^ c ^ tr ^ Zl - c_ 3 a rt a a be rt b£ o br, rt a 111: — "^ ^ a =5 ■* " :H E a a "i, a 2 J a; bp 1) la o :5 J2 a 3 ,^ "^ ^ x :5 rt rt ■ — 'a a ^^ 2* ^' ^ a — — 3 K a a = '/3 Ii2 •■J C 'JQ ^ = iS ^ ^ = 3 3 a o 4) a •2 .a :o « :rt :rt « tH e o Ui ~ ~ :o ^ a. s. a. ^ "^ ^ .ii ■r _ 3 , s; ~ "^ ?i ■= "3 a ss u ;5 -3 a ■5 "3 rt > X a c a O X X -3- 3 S CO a. E 3 X > 3 i> bo a 'S "^ a. c, ^ 3 n rt rt rt -3 i^ X •~> a 2 — — — ^ 3 :-• > O a 5" - — := rt 'ri a; ^ i> ^ S — ' — - ^ _5 _x 5^1 ^ ■* i c_ ~ i; o O X - 0) .c to a a a .o a 8 a c o a if a > 2 a 'a ."3 a ft a X i a a 2 _2 1 I 1 -^ ~. ~- — -3 "c3 a -3 .a a 3 _ _ ^ -' i -i P s . — ^^ X * ^ be ^ ^ s a c .= s B >- '5 :3 -3 be a rt ;5 1 s 3 a !> a 5 rt bf! o r2 ■3 .£3 ■n rt ^ .r a i iJ u ^ — . ^ ie ■= f "x ^ o -5 be •4— O) 5» .:«: {rt 5 a " "3 a = '> ^ ^ - -^ — - :. ^ a ^ i? 'C ji -■^ '•= .'i •* -g 'S s ji-f "c a ,^ ■^ ^ .^ *cr 2 w a ■5" V- S Sj — , — •S' 'S S ^ C £. ^ .5- i ^ ?^ ^5) ^ i i i 1 s. ^/ T5> .| ■^ ^ ^ — -^ „ •:• — ' ;_> — ■ -.i^ '~* cr. b« c; -S .-^^ ^ 2 o ^- c o t: ^^ »— ' 3 t^ T2 ? ■in 2 C H * — a? '^ ^ § 3 S g _ ■e ^ f iS ^ "T. c C.4 (B o ■5^ ;-• '5 '«-* ^O- - 3 = 11 ie S- S- .:=. c 5 'S'' — o — i ^ o P •S 05 1 i ^ Q ^ - o - ^k '" ^ ^ ~ s i — -' o o 2 1 ■^ s; o o •A £ 1 2 S 6 o o S Q. o o ^ o X . o L. O aT i "Si 4^ o 2 o d rt n - rt E - B 1 o lii: f5 ~ - — 5 C= >i E. o' X ^-* S5 — UM MM 1-^ -^ — ^ « ~J M— '^ 30 MARITIME VOCABULARY. P. XIV, a o i c o a 'S. a p o o o a g :ri O J" "a tr. a ID '5. a S 3 a a s 'S f ^ 5-i S 3 3 ^ •g &i 22 "3 3 o o o o o _M -f tS a J3 5 ■*^ ^ rt i i rt c« "ci ■f t3 o ^ 'i «J ^ 3 _ a O) S o 1^ CJ ^ o 2 ,£3 "33 '5 2 •S ^ J3 a ^ ^ a ri ■^ n ea eS c« CS ce :7i ::« o :3 '3 rt •.o ^o *" -1^ *" Cu ^ ■^ Oi "" h. c ■' "ri c a. 0. -H •«3 ji O) ca X p 0. OS *3 a 3 a; 6J) .c 5 a 3 _a3 'o 3 J- 3 O a S a> a S a tn a. s 5 s to c •a 00 Vi >aj 0) ;3 "H. "5. i 08 > a bp a a > 0) -J 3 a 2 3 a .£ ri > a a a a bo s^ o t-l 'S "S b q; »- > as E \ > ■a 03 •a "3 ■5 ',5 c IS CO a a o g (- e 2 > o a be a a> •T3 a 3 bD _g "S _bc c ^ ri _ri "ri "ri 13 a "ri 3 ^n:' 1 ^ 'S a c a *n '§ ,a a; ri 3* CJ* te Ml ». '■4= Jd T3 ~" '^ > 10 M S: ri -a a .^ "o cr a lit '5 X > a w CO '5 £ .W5 ■5 ■5 n o c _c: .It Q be o bn bD 3 bt :c a •5 a br ri rt ^ ■^ •0 > bf ri ri be I' a ri '> ri -3 = ^ ■n ■^ v: X — frt — tfl J= .:i; 'i B "5 a =3 c S a. '5 cv ri-, "5 en 3 '5 '5 '^ ?! (i) 3 d5 "c 3 (1 (i 3 c ^15 S 3 on 3 M ^ ,— . jO s ^ ^^ >o 3 t-t so g •^ i ^ S .2' .5 _C3 1-1 a; g c^ en 3 3 i 1 c 13 £9 t^' ^=- ^ !=- S- 3 w C5 .| iSb n 3 Ott 6^ :0 3 =0 ';5 e* = : - - W ^ (T) ^ f< ^ w (y ei & S? s? s? o ■fa ca o 5 Ef. 3 ri ri n o o O O c O ? o O E. >> s o eS S CO o s ? 2 4- ^ a o CO X ^a n pa o o "3 o .0 0) ,0 ca. CQ IS 5 ra ir = 12 03 a ca 3 B t X ;^ t? 5 c^ S 1=1 5 S C-, S c: S 03 XIV. MARITIME VOCABULARY. 397 _ 1 t -* 5 a i _o _o s 3 ^ — a t- 5 -5 f 5 a a I ic 3 a 3 '"' -2 -g 2 1 T-( 1^ li ■S [>. i 1 2 1 -M ;= 9i 1 1 1 1 "3 1 a J.- 1 a 1 1 T -ss Elf 2 2 JS ■ii ^ irt CJ 1 5 So fcC S) ^ 00 M -, E* 'S OQ _ a 2 5) "" a a u p .25 -^ « a > bD - 1 =4 § r" a tc oJ > 2^ S C (U *C 10 '2 3 cS H •^ ■^ =^ a .ii! &< ^ «ji .::: O ^_^ _ _ a ~" ^ .^ a -3 a > a -3 •5 9 1 1 ' '1 S - '/3 a o 3 a .2 9 1 ^ ^, 1 =« 2 ' a 9^ 2 -5 a U cS ^ 1 l! fcD 1 ■- 1 •r. a ,-3 a a a .S ?c fo o Q^ => *1^ *j .^ cS > bD cs a es CO > y 1 a > > > a -3 > a'S -^-^ 2 .0 1 ii ^ .a X3 'V, -=3 — -S '7 ^C M "Sd a ..^ Cir-I « a •-> tn = a -3 -3 _a a CO -J, a cr. -x 2 £■^1 1 "^ be = ^ "0 1 1 J,l 1 1 sill — 1 1 --^ ■«J B a 1 1 ■3 a St a p 1^ I'' •2-3 .= a go Hi y. a -3 't- -3 a a a 3 1 a ■3 a i^ a "^ 1 1 a 1 -a t^ a 1 1 ! tc a ■> — _! 1 >^. a illl 1 > >> 1 ' ^t3 a =3 '^■S 5 5 •S'' 2 s "3 ir ^ & ' ' *5 'tc 2 B'^' ■— I ^^' nr. „j, 1 c. a 05 1 ^i' „ '>S S S- ^ -a- 1^ ' n 1 l-i. g= 1 2 «- C3 i 2 a s^ "5 in ' 1^3 y i 1 # 1 5 li ! S^ 1 til •^0 1 i '1 .^ 3 '^ a g i" w « s? a? \s> (S 5: as _ >= -, ^ 1 I'l 1 « 1 - *^D G trf w 1 ' I 1 , = 05 jQ 3 :C :S 1 ■^ 1 je i 1 :a 1 i 1 g 1 ' CO a ' 1 1 S^ i i « w 1 a5) Z4 <9 5 :3 £ .= T n 2 ■> a, '7 I 1 t~ 5 ^ t 1 5 '^^ :Z! X a aT H, "=- 5 1 && 1 - ■^. U B e^ 1 "S ^2 S S; Js-f^ rt SCO >c.f= ' -2 o >* 1 1 "H '^ a - ==57 1 1 =" ^ € £X c^ := 5„ :- _rt ^ 2 1 = ^ ' = 5 7 0) ■f3 _ ^ f3 iO h 1 1 if § i 1 ' IN- 5 u3 c^ ~ :j 5 :::• >> 398 MARITIME VOCABULARY. P. XIV. d ^ ^•^ a •rl !3 t> V_V 4^ r, -* — "o ■*-» « 2 «-^ "^ •.11 .2 be S ^ a a. O = lO 5^ ■^ '.^ i!-^ S^ 03 6 to .^ n V S^2 "a .-cS bD a c 5) ^ > 5 ■5 ri a) E o o e« c. o ■A ^ ii OP o i -^ :s 49 hr > ■d :o OS „ ;_] Oh br •^ O. :0 •n = Si ^ a :(33 •*- br -«-* _ ^ rt :o :o a 'm* br a O o '^■. :o :c •=; CO -t be ♦- > £ = s g, "5 « ^ >E '^ — S li ^ .-r ^J'h 'a' ^ .-5' ^ 5 B 0) '— III I 5 g U f/ = = ^ ID o _- ^ .•Cq; — O ■— O "O o i^s: ~>o t=:r "^t: = = o § I S 1=5 rt o c« O O K C o MARITIME VOCABULARY. 399 rt ^ ^ 03 ~ 'lO V ^ C3 03 2 i? ca •o •o a 03 '•S 2 ^ V 03 0) I 03 = S^ cj3 — 8 8 85 §1 8 1 03 0) •gSo 03 c4 o; a O) 0> ■6 '-' 03 a B s a a :cd E » a a ^ o =, as :- 3 ■= :3 •S 3 t* 03 ^ -P.^ 03 o. o c^ *" s^ § ^ ^f' a 03 a 13 03 ^ _-^ «a S g o .S cs s 01 aj 03 T3 -^ s a m cS to ^ cS 3 03 9 03 li X 3 a a 03 a cd ^*-< 3 2 03 3 c« M <« CO CD el 3 3 Ph CQ 3 ^ § £ ii •a ^ i-i > .a ■5 Wi CS -^ 6n a a '^ 03 be CO 0» .= ja "T ^ » 00 •-■ .S bO .^ ja tj be bo 2^ ^ )-3 vj tja £: !S a ^ -^ bC -^ tjj j3 e O 03 a 3 03 i5 ja -C .tf 03 oj ^ "i tr vZ:. -s 03 ■ — > 03 ci :c a> 3 .2£ — 03 03 ■n •4^ :0 P< 3 B c« 00* ^ B >5 ,>> c« > a - 3 — /a © — 2 © i~* . Ji' •'K fin "^I **~ 3 -53 3 5 ts *- •" - 3 A* aj, 3 iC: So - S S ^ o O o* >^ U) do »& »-• ^ a ^J w 3 s* § " 3 S "5 r « „ = /3 C *^^ ^ ,E 3 w c^ ^g 8? © s? a? « :s s art s - S §S C S = c = c CO H c 5 o ^ !5 = ^ ^ K =: 2 uj 3"? £ P 3 ^ B S its j2 c: o &' S C C C3 il r: ~ o c t~ — — U 03 ~ o s A. = 5^ = 5^®^°° 400 MARITIME VOCABULARY. P. XIV. -a 1 tn ^^^ .«A (M CO i 2§ -^' i 'S P4 3 iic ii 3 tlO TS cS 3 32 OJ » 1 n o B. S3 « M at 9 II a 1 a C3 ? a CO 1 .2 'o It a> ^-^ Cli o '^ a g p, a5 a' CO :>l (M ^ (N aJ ^a co'.^ a' CD (M CM a o O *" » o ^ o a> o o ;z U^ a ^ ^ 'S "S,^ a -^ ^ i-T of o ;a ^ g ^z; ;z; pz; o a> _« (M CO a) a< o tJ) to -d a as a t« sa O ^ O) -3 ^ 1 be a^ aj D -^ a o -S a a .2 3 g eS a 3 O bD aj 4t( (M co" ^ CO (M be aj CM in eg O ^ 11 o a 3 0) 3 3 o o aJ *i *j ■a" a a 3 -S.S o o o .CAP, a> a> .A eS bD 3 aj a a 3 3 a> of CO DO Fh be o o 4J O CO 1 CD (M CO a> T3 tH be 0^ .£3 1 % -cJ CO^ «o ce (M en eg n aJ S O o >-> o o 3 5 bD H E o o aj o « CO a) of 2 w be aj CO eg of to eg CO lO' H be o ;2; ;zi H w ;25' ;zi 1^ H a> '*3 s >■ •^ a) CD eg n .. aj M O CO o S3 X a « 3 • a> 3 '°' '5' be a be .g< 1 CO a. E J<) o a> to ■a d ,T3 CO t oi be (M . CO eg > c« Sd 6 !z; 9 CO o §1 9l cc ja a _bp o 4^ be 1-1 be d CD d t3 o O O O CO bJD '3 "2 "^ '♦3 a) d i-T (M" »o ;z; !?; ;z; 52; !z; <2; o § 1^ 1- « E '£ CO (Ma CO CO eg CO eg ^ M a QQ 1 »H JQ '« a Q en 3 • j2 ^ ^ a ^ B S? S? (9 o o a ^ 3 '5 B (5$ on Si CO CO CO (M' CO lO" cn O K *^ +^ ^ 3.^ Q ^- 'S ^ ^ g o o o o^ 5^ S^ &r» ^ itL it:, jo Q Q o jQ .« fr> !-•>-'• o o ii &; s; Q I *» — i9 3 J3 . JO a S s l-l A- s <3i$ JQ 3 s CO (M CO* a B_ CO eg i-T eg ^ 3 CO'cv] -CO CD O ^ ^ ^ £ f?; e; s< jQ .O S> l-> W « o o iiS- K &! O o a n «a t« Oh w a. CD eg H3 FQ O o >. n a a t« ■■a '3 V Ph o u o3 hQ : o . g CLiO o ta c G o o ta \o o r; « o ■S- o c- o o K a a S .a o C0 c o ac tO o 1 CO t« p , tH CO . J ^ "^-^ CO^ >o~ eg « o o o -^ !2; o O •^ o o o a 3 ta >. fci. c«r H3 ;2; « jz; ;^ » ;zi o p. XIV. MA RITIME VOCAB ULA R Y. 401 M o O O CO • 03 K* COOOc»C»l/!OTCCOOOTa)CO ^ 2 o «J > > > > ;2; ^ w w to w W fci "S •w ^ S "^ ;a 3 w >W r^ ^ 3 1^ tt H «j ^ OQ O O O W W a W CO -/3 X) 00 " ? J. 2 ^ 97? Z -3 -^ - ^ -So =« ^ - ^ o 4J 4.J «-> fcj «-> ■ CO to oc •/! •.•; TS 0^ a> a> C3 x> s-i 3 3 = 3 3 O o o O o ?^ ^ 5?: ^ >■ fe /i cc c4 "O xi p4 h xJ t^ j= 00 p4 W f4 en xJ -g Xi" oj c4 ^ M. p4 oq czJ CO M aJ a: x :»' CO j= *f ja ^ > . a> —I — -k^ -ts ^ CO O 4:: 4.9 4.3 O O O O cc' 4J *j -a — O O 05 ->-' CO &0 CO CO CO CO CO CO CO > ►> > > > '3-73 -S -3 7: -yj a> o) > > <6 > CJ c; > > :^ 00 00 •0 "e ^S" "S" r 1 1 fcj — III Qrf f III - g Q 3 >3 © .J. •■£ *- ** !?/=• s 5 g Q Q Q io « 3 jO 3 =3 '10 Q Q Q G© S (9 i§ § is ll (9 IS ©5 ^g^^^^ ^^ ^^ Si t) W (^ ^■^ ^ ^ © Q H 3 «5 Q Q gj £ ;3 a MO =3 Q Q Q (D -" «^o ty (O (•a «=> ii =3 =3 •-3 =3 3^ ^ jO 3 IS I s, ii Q Q Q Q ® (£> ® ® (S ® U) © 19 0(9 §J S ^ g g SI &; cs a Wq-^ -^O*^ ^^^ 00007^cC':ocz:a!cz2cococQ CO CO ;2; -" » ^ 402 MARITIME VOCABULARY. P. XIV. .5-^ ^ o w *5 s- u 5j ^ 3 js =3 o 5 o S ft ■« S 3i= S "2 ^ ii ^ 2 > is J ^ ~- aj S-o — ^ ir; "^ ^- fl M •- a ^ OJ tfi 22 -03 o 'S -2 S S2 Ml S n o M g O p o 9 S ^ ^ a, 5 .3 ^ ^ — O 6X) ' >~. en TS &. cd c- Q) ^ .C CO J— be -0 a 2 a Ml a ^ r-3 ' be -- DO O a. cs p — "-I ss ° a i2r en" i'i^S"^ .-S -cs 3 p = c a S '^ ti " 3 'S ._ S K "^ a 5 ■•-^^ 3 ^ a a 6^ ^5 ^ So" ° ;^ 3 ^ ._ B H 2? 3 «- 5 ■^* S3 fi o ^o 55 ® S? (3? © ?*■ « F! W fe <^ en s- ^ n;, .s ve-' ^ §• a "— o "*- ^ a a -. o &• 9 5 o« K (q ^ o o a E-c M O CO fO t« a. Q ^ CB O E- CO i tfl t« 3 c a P cf o i;» M -• « g- rt . a- t« H « (- 4^1 t« 6-1 1 m ' ? ta El c3 W t5 •9> o >. o &. p. J^IV. MARITIME VOCABULARY. 403 w "^ -S 2-3 ^ - g :S ^ .^ 1 1 If — s •- rt ic — o '5, ^ " 7? .- o O. £. ;-. _ o o) C) > uo ^ 3 ce 3 o- S ■= S ti H 2 -a a> ra >-i o — 3 *j o cs >H K --4 a> ^ ■ • — c '5 -S o o ill J= i; fc c:. a -a (» tt *— * tL m UJ Ui =^ ce > 5 "oS -> cs 3 «^ o a> Q Di t» »;■ -3 K O =5 "§ '5 •4-> ? J2 ^^ B.2 S CS •9 H 05 'O ■Xi "^ '>«>_ 6r 1 ^ M ca c; tc , T •-0 CS -a O) H t-i I P 2l 4; O M _2 .a s a.§ - ' I =^ ^ g 2 c* S°g « ?§ 3 M > O — <« ii ^ JS -o ."^ ~ .- 2 ^ ^ = •- 'C .5 t^ £ ^ o i-i — 3 a "3 w »■ _ 2 ^ ^ „^ .-=- -^ ^ c ■e S- £-^C-S^ 3 «- = E = 3 S ^ I '^ 6^ OS «=? .«- S »■ 3 e o J3 ^ > J?: fli ^ d H •Ji a a o ^ i §)l ^ "^ C3 S p, a 1-5 ho ta .^ CO cS CO M ^ 3 u 3 o, a £> 4J a;::; .3 $■ H > ^ — i !*) «- .■J JQ -" ■'2, a; 8.1 -3 ds. iS'S' So5 •5-=« •b'-' nl> >f * « " '^ ' .i I: ? ^ ^ S* 3 a ■.'" '"■ " p:,!=- 3 O B3 IS «

< ® 2 t: c3 ao a.g Hg5 = = ^ 14 c; K ■;:i p. XIV, MARITIME VOCABULARY, 4^5 ir o ^ rs a T Oi ^ i> e C-,n c o -t;^ ^ ^ :t4 :33 a ■jj O ',3 o; o .2 ^ s S K C i) S rt S^ 2 -2 £ =5 !- a ^ rt § a .ti ."S =^ «=< I 6^ I C/} c« I a I ;3 ct -■So. •S is ^J2 00 .^ ji 1-^.^ S J-* '5 s - u^ = a ~ e^T "^ n, ^^ § o est ^ t c vuc uaviga 1 o to C4 o 1-1 a 9 1 1 .22 K"^ c Si! 1^ .a 9 « O 3 a o ■g s O 1 > O o 2 — O c3 a eC o< « Tj jj c a = •^•3 K o « — o-S* - -ola a, w a aa . == -^ , cS o " •.- = ° 8 O r/3 O O 1 r2 o -3 ^ eS 2 "h W J C-^ a (C CJ g cS 3 :l,a o a *i 03 « !^ iH 1^ H a •* -3 .■2 >^ C - p " v=> a '^ 5 i-> a 'c-e s a I 2 § ^:E I j^ a a j=~ a 'S3 Q on ■ ; <«> _^ a ^ S ?; a :« a ^ '?-^ <» ii3 c a a ^- -" a .S^ w 3 a a a o nn -a :2, I cc .^ a a _. "5^ XT a . •■—• «n op B a « . -«> e (1) i,t= ft ^ a a jj a a aSJwasiS-c^ ij- 5 ft ^^ Siji. CO •Hii a "aw »^ V— vO . ^ a ° S- is 03 ^^"^ P. Ph p. u, ?S ^ -^ -^ O) _2 a a l'3 •S =1 .a 5 0) M! ^^ a to 9J i; ::: .-a a > 1x1 03 0) CU > T3 ^ !> 03 C3 !-l > e3 t. .ti'^ .t^ c3 rf ^1 > voj ^ 'B ;g^ 50 I— I ■►J r" ^ .2 -cS -C* a J a 3 ^ ^ J3 tS aj :73 a ' — ! gj CQ Pi :3 -2 M M SW -P P^ « rt s-i to ^-^ rt rt ^ ^ :S a 2'3 i2'=3 oci 'Sjfen a :o •^ P< rt o a Is •rt '=!Tl be -^ b« , w =+-! 3 ^ >^ 0^ Ojjj t>^ aj 6C-=> bD-P 6n M > "S cJ ■K id ■)^ a> C8 c« cS :cS S^j3- :2 .5,2, .5 ■> = 2 ^S 13 (S W 19 © ^ as ^ c: 5 s •/) — a 0^ -^- -2 a CD a to ^oa ^ (5 (S © « o T* fS O M ^ ■Si jo g jo ('>) IS) c a 5 SR' -a S ® 'i ya ii o c5 en © (15 ^ ft= a a ^ ^ ^ ^ a s .a a .t:5> .ycS Sg I, ^ ^ W cS o ?^g i^ no" a o 3 a'a PQ O *^ o f o g^§ n n iJ J5 S m (K a - 3,« c o oi a, E J) a 1^ a CO +3 "^ ■ d3 1^ ■ffl fe o a « (J5 a a •^ ^ ^ g n^ -S'g f, ^ (9 S? •Si 1 a a ^ S H c^ b"° §5 =^^ R h' a t? o ^ a 3 o a p3 o ;^ a o W ,33 M o " g o M « =: o e ■ p. XIV. MARITIME VOCABULARY. 407 = — !^ ^ •rj r5 ".C-O :; = t*^ -rt '-' "oo S •- 'c.-^ •5s ? i «i^- '*^ '^ ^IZ" P c« ,^3 to -^^ to '— .2 " rt p f!! 5 ce a ^ OJ ?, e 1 -^ _o s -^ a -3 S 2-= iO r^ = P 'J3 c j_. ._j — o ^ *^ *j a e^ X O 3 =" i S M }- S CQ i 2 C4 C8 cS ci — ■::,— . .0 -a a. o _ > o -^ o ^ g a "3 o ■-" ^ ^ 3 :.; ^ \< .".~ V tn rs ■^ H ^ ?^ .cS •0 "'J •r3 " 5 X 3 cr CS -;3 .a J2 J3 •7 3 fi b •^.-. 3 •^ .s-s ~ ■/J ^ p in -^ — — .> o fcJ3 O) »-< ^ a d o^ ti a ^ a --ij c< --_< ;3 ^ ss t^, /J ■^. vi ji > 32 IS 2 !- a c a ^ c. a -2" a a jO — ^>o- -eS ^«- a ^ n cn -5 ^ = 2 /S" a s: a ^ iO ^ ."i! a -3 5 3 a .'2< P >ri •'•^ 53 1 ii S"^ Ci -^ J3- w ev a - -ti <3) oea-" c: w n; S- g S 2 .§ "^ 'S .- a Q as Si ^ O S S<- (5 555 O a e ~ a ^ - — .2i ^ -^ ^^ .- t) a C a ;^ ^ 5- 6 ff? 2 Ss (S 5 a a* iO a 6^ ^^ Sj a ^2 Sb ^ Si =>- ^ .i^ i^ 5 S --- ^ -.3 ^ w ii S '^ c iS a ~ — £ 3 rt o o 03 H „ •:; D S 1-15 a -^ u CO :=C CO o t« o ^ a 5 S g p « ta-S- S ^ H E- 1^ 3 ' 2 05 a a o e^ ^ 5*0.0 w ■S- 3 3 a ta 2 3 o.a j^ B" -g i^ S a. g u a , =^ <» tfl 2 3 a j3 3 a o a r; §3 4o8 MARITIME VOCABULARY. P. XIV. pa ^3-§ 5) I i'iii'i > 5 A f- -7^ M ."2 d ^ i 1 ii § 2- 3 ■^ p °'2 2 1 2 i3 a ' 2 ^ ^ a a o pois, scpp, nik), kUtja a ^-iS'fe -^ c3 a i3 , ts § S a « t^ ^-H "■ -5 a 3 % -b a s c> o ._j. -2 " -^ 3 "S a ^, S CO cs o a a iS "J 2 '> • = cfi • Pi a . o a 5.2^ - ;s -i -I s I a^ a'S § - S i; o 1^ -"^ r* "3 **^ ^ a §^§ g^ g-3 §J g 3 3 a T3 6*2 tn — ' »H c3 a a «u 3 n o > a - ?^ S 5 b -^ ^ S ._^ a 3 :f o ri ;i o 2 a^'J :^ " •- a -5 - -« 3 -^ ,3 CS OC § iJ -r u -- " ^ ajO > ;^ '/I !l^ ^ " 2 to a '-' iS o .2 a 5 S ^ ^ &-§ a .ii^ 3 .§ S 8 Pi9 2 a ~ ■2-3 =■ .9 •« a t* t. =-^'■5 ' n a ■ rt t« o U2 o .2 , _ 3 - , •- 2 -^ ^ ^ '■ O P< o "3 "3 -C • ■3 ^ oj 3 a ; => a a 'K a ts ■- a a' I ^ a; tc c? o — ' E '" a| •-9 *" CD 5 "03 •o' ij ■ :o o< a -3 ^ -a o - £ g •• 1 a a a , -^ a a cj o o - "3 o c> a a a g .^ §^ a a a S ^ 2 -5"- 2 5 g .2 M •^5 e:. ;: 3 a a :rt S 3 -a fcfjT=; J- H ^ c5 :o tic:::: (5 ^ S>- ?S ^r 3 • — vO Si S ,&g s.s or, » S 3 iL'X a .3 .'Hi jo a- .^ a ■- 3 .n.-r- i-- 5 jQ 3 .3 ■" 3 2^tti — ,H y3 jQ a 2 e f^ at: j2 5 a a «^ 3 „ &5 3 S "S, 5 +3 r3 cfl CO ta — 3 cq o X &-« . o O H S ■^^ £ E- 1D« t^ - a a,® t« 83 S O . 2 o ^ *^ o cj S rt R 5^ 2 a 2 O C:? iji }-> cr m a a fe 5 3 .2? ;-« d^ 3 a '5? 6> tP h«" rt i ta aa 3 3* i-j rt crt O ■H ca ?< :d p; o b o c H a o >o 2 H5 a a a 6- o d,a >>a II o CO G. 3 32 g^ O «S3^g^.S. .5 /=> a ^ii=!- .3: '— ^ a i; 2? '-' - jS u:i fc t^ a .=: a .-iL'g ^ (i)B ® a _ a^ -'^S ^^S: 3.3 S SiPf.^ila B «'::; t^ o a _ ^ ■^s ia a S.a s r^ 3 ►J3 a a a D-a; R _^ O g.|M a 3 r3 C3 CQ ^ O C CO (U >» vj o„tfl^a tfl^ag -r;ac0>^O„r0 fr> — (B ,a >^ a o :a >, ^ f- S-c^ *2o£a)&,oa.oo.S i=f5< gau-Ktoac-caa ca c: p3 p. XIV. MARITIME VOCABULARY. 409 i.3 Mil =- •-^ , ^ ;S 3-3'? i ° •^ — , rt ^ 0, S 5 ■^ o'j, rt — 'cii •y n III a a s "a 3 2 ^ c^ 2 .3 s7 •- .= ^ •'« ^ -5 &J5.-?. •H. .tc i it ■-'' 5 I I SI, rt t u. ■JO '=" 5" J — :iZ •? "3 >5 Ji T3 M - o c3 > o "3 a o c cs •« ■£ o ^ ^ ci H ■SO i J5 .i •^ Si! 2^S S 5 <4 c; 3 ^ i> T3 .- -= — ? ■^ £"2 ■— ^ CS :o ^ c Mi_i; CJ a rt il •" tr '-' ..:> — •^ .r^ *i ^ ;^ — C :c :3 =1:, — t^ "7 r--. ::^ <^ t: > 73 = &D ^ _ ^ tc "= .^ — tl a; _&p ip to ■^ »-^ ^, r; 3 J3 > ^ v= = ■'^^ — :^ .•S> a •= WW? c r: IS) o u 19 & - w ° = li)-^'^- — ^e?> ^ - ? = .1= # i ^ i % €HS) C5ii§ 5 a a ,= c o = s: ri' r5 CJ O — Eh ra dj C a; E-> c. '! is 5 ^ " s V 5 2- £< — o ~ = 5- ="^-^"1 § 5 2 5 3 c5 -"©OS -a K « o S >a >fi o *=! H^ §2 g.2 g.g. - 5 a ^ " u " O o 410 MARITIME VOCABULARY. P. XIV. P^ OJ ^ § rt il s •- ,0 0!-. •— s a C3 a o ^ -^ := -r — - ci ti _ "^ s C3 "C • --. O — Cfl IS ■=; s ^ > ;i,J 2 S.S a ■£: 2 -2. S e3 >-; S' a e3 a 5 O a a a ^ ^ Z ts-,1> it,-. P ii) •^ S ^'^ a -« <=S 1 ci^ ID rt a> a O Si &^ =« .i: rt ^ M *CC O4 ^ o - c3 a • ^-^ ^n £s sp = 04-. S:;S CJ'4S ""sa,«^ £ S '-2 '^ "3 ^ "5 ^ o M-^ -^ & cu a ^ Qi -=! £. a 72 « C -*-; a a .4_3 ^ a (U eS 0) > > fl a ^ ;— -^ ^ 6b ^ > '& '& S J ^ t3 — ! -a a CJ ^ "^ rn 2 "^ t3 to g a U' ^ <1) cj ■tJ I'Tl •n) «S ci t~t r. rS 73 C, 6g a 2 -a -a ^ a -a a -a a n a X ii a % a ^ ^ >> _o S O) tij cr. .S rs bi) S a ^ w 1) S ^ TS ■n ID i2 S TJ OJ (O J-. o a TS -a a S ^ § § S - ^ =3 =s 5 Jfi °g ■ o -a bi) bD K *, - a a t" 5- a fc, !ri 6X) fciD bi) ^ =3 3 c^ -a is -a b£ ^ -a ^ !h :^ "a o ^ a CJ a o ■a S -d 5 oJDcc to— H^ aT3 '-o jr a s-t ^ a 3^ ^ M ^ 5 S ii a is a ■SS gT3 -^-^ JgcS jS ^ a f-t ^ a a a .^ ,:i M ^ .« ^ tiC rf r-c = IS) Ifissilil S 5 s S vg- « !2 a a • S 5 • sg; a a ~ !-> H a «-;3 = " a "T- a Ji. 2 >=> JQ »-^v;aaaa>;'ii>vja 3) ■ a: a=--a"'2S. =>-a ^ <=»=S„S ^S_a c-e^aSaS a gS "" 2^*5^ 'S-'a 5^ a-S e^ w 2)^ a" ® e ^ a: is^ i->>-"5 -is; H S 2 -to p. XIV. MARITIME VOCABULARY. 411 — • u — ^ ti w ^ § -^ 5 « = ••=! 'S^ j^ ^ « 2 5 , 5 ►- Ji ^ ^ 5 i^3 4^ d tc^ t£ 13 -m i_ — "^ -3 ^ c c ^ ■« o a ^ a^u::^ — £1 ^.^^ 5 "o =-■? •s o .S ^ - — -=? S 5 5 S 03 =— ' ^ (U ao i! as O ■— — o aa -^ — £ a ^-= "^r^ 2 5 _S^-^ S 2 S rt S i; "3 :s I- 'S' s s a = ■— . — C XT C t-> .4. *) tS d-? e v3~ >2 ^ t— c — ii- *«-» «S Si or» •> rijt i;;^ g g, .5 b b b a? iS (5 ty >C ar. ^1' yo -^ ^ 3- S ;^ "-^ yO = !i) !2) {5 sS S*- c: — y§ (9 — c i; = >— c: .— si ^ 1 = 1 c s -i: e* 6? 6^ OS ■ £ © " 3 -: t "* " E ^ =: r- o ' "" = ri 2 = 3 ' 2 5 ""= =: -3— i:^'^ ^O fT(.it-^a/-% :3~ -2 S® S^oE^^ao 412 MARITIME VOCABULARY. P. XIV. s _o 1 \^ ■^ ^ jb 1 c 2 1 :0 o 1 •^ ^ ^ 00 .X '5 p a c s n o ic -5 'x o s •S 'ft rt > a ft "~ 2 ^ a 2 d bo 'Ha 2 -2 o ■3 2 o p ■g p g *> a _p DQ p a p a -u _s &- ■ti "S p a^ ^ O) »H -p a p XJl a a o o 3 i5 t3 in a a p a a^ ^; g; " ," rt « 1=- ^ i. a -i> c -a a •J3 r^ IC J2 'y} ^ cS a s-" * '=' rt P CO » >■ a ^ ^ > '^~■ " jS OS &D a '-" a s cS a o a p _v _P a 2 5 _2 p s o 3 "> fcD a a re P /: P 'ft ^ eS bD CS -a p a 5 W3 o to is o rs- Ti fcc $ ■^ ^ > bC 0^ -3 " "3) a o tJ be ^^ a S .9 o o a 1 bD as a a 3 a .2 M 3S bJD g| ■«J p CO p a p '^ P -a Ml a a ''3 a p a a) 2 p ^ tcS a o 3 to > T3 ft ft cS ia" it) -C P p be a a o 11 a 5? o d o a o 00 a a J2 -^ a a s^ a a iJD 0. a '3d > a a a J4 64-1 OS it a 3 S-1 p ':? Si -a '> '? !2 3 bi) ;3 be a - ..^ 3 «^ w .« ;^ c; C5 <:. 2 ^^ a 2 2 S- ;-t w ^ ^ • - » "5 o O £ S J5 C3 f>- 5^ S "53 a -3 .'£ t>5> a s> 3 a "5 '5 2 s -^ g .3 _a a •S; nit a 2 S ii >» a -a JQ _2 3 2 jQ 5 C! C3 'Si 3 «; a ,5 JQ '5Sg c^ a- ft v^ c^ c^ S=- ttl) C'? © ii) V7 S S5 « W^ W ^ © (J ^^ ^ , ,j ^^ JQ „ ;£:; ^ _ iSX o ». W 'Til /3 p on 1 „ i>n 3 3 s ■^ "2 3 !-> a cs 5; j^ a »:». 5 a »- on a a C3 a a a a >— .-a i 1 « 5 ■g" y3 a S ^ s ■c I2- 2^ a '^ a r3 ^^ a C3 a "-§ 5 a a a « a la ® (§ >-^ a- V-» >» J>* P3 t? a B 0) y « a !3 m p ft H o H a. a p o a ^ a « a Pi J g ^ ?^ 3 S ^ p -' p p a ^ o tfl ra rt s a A J] a ft i::^ ft >i 03 ft CS W o _^ a. 04 pa a. •^ 1^ cS CO a H X rt a V3 a a o >-, 3 3 f-i ® S t? § 3 « &i a a >i >-> «r5 g 3 a ft c o « >» 33 « 6* CO M m p. XIV MARITIME VOCABULARY. 413 H §,5=5 ■^ sS — 95 ^ U-. :i -a rt •— •- -^ gS.-3 .-:^ rt § C3 .S OS'S i: rt '^ a> ^ S ^ if i.1 'iS 0-;= 2 c; ^ ^ ^ "-• ■-^ ~" « cf rt "rt ^Jl "s .'^ ■?• »-<^ o •eS, u ■— I a £J a •JO a -t-" a o — ^ ?3 o, a rn m a a rt o -a > d a ! o £ ca =5 « rt M a o a «^ 2 •1) a) a •= a .>- 0.3 ja a a a ma v^ o c3 a o a o K " 3 2 '•& aj as-S 2.2 2-| ,5 03 c o •^ iJ3 _c,_a « rt 3 •^ 3 'S3 --I s.^ 8 g a ^ ^ >» ■^ a _o -3 feD a -:S- o ^ fM --^-t ""* fcD ■^ de til splats jde to 1 2 M".w T* TS 13 rt^ -r="aS ^° -3 es "S u. a ^ OS'S _ fcD S a -S > 6D ;^ u «:: S a , ase s — 2 a *e_i ti Si 't^ jO -r* ^-^ — ' -a = -s - 5 I a :=- 2 3 ^ a £1 ^1, i-l 5 a a as S S -^'Z SJ- ® ^ W S 6^ — Ji ys "-• a •— -^ a ^ a ^.2 aSVW III w JO jQ j=- a a t; a a a a a a "5 a 1 jQ II y:i •Si: a"=- 1 a «^ C3 g.l <3 a :: "yO •^a a =° ::; a . C35 S ® » » S? s? « !3 ^ S? r3 O . CC s •- c ta o P3 a ' " = £ 2 ff: " r. 3 -g2 £:=? = ?:-«' s ee >>a o s ' -*^ ^ CO a« -; o © ~ E- a o "5 S 3" >> a a" 5 ^22 414 MARITIME VOCABULARY. P. XIV. s ,tJ5 'S ^ O a:i n O lO > ci "3 ^ rf '•> a o v m"! ^ rt 'Oi ^ .-^ tr ■a 3 .« 3 -w >'5 a 3 3 .5 (X) -i'^ _rt r^ r^ -a 5 -3 ■^^ H A — " '^' a o If > .22 s -1 T3 O c3 -ci to ja ^ cS "aj s>^ '■^ •1^ o '3 6C a eS Em o "1 s. •03 •0) be ^ r^ _rt S 3 s o ^ cri a "^ a o _£j pd ^ c •a 3 -a .2 o Js o o "3 J o o *« .23 o .2 "Sc o o -3 vi S T3 O 3 O a o s Q^ O .11 cd ja "^ S *- '"' .a H o H a OJ cd tc.a ^5 -=3 rs i2 =^ OCS J_ bl) cS .4.J a > |s ■accs ^ be a a '/■ .2 CD 3 <1^ o a a S 3 a =ri br/f OJ u rt ^ ^ CJj tj^ -3 b tcS 3 ^^ ~ w >' 3 a a »-"^ .^ ^> >a « a _2 C3 — "5" ••^ H; .S./3 ^2 "k ya a O a y3 ^^3^73 R 3 3 W « "^ ^.E ^ !H C .b ^ ^ ^ , CQ IE "S a C3 JQ c « 3^ _ 35 3 2 ~ 1 3 s :S .^ fO >. ffl ^ ^J s. *rt 5^ o f^ - d cu a a 2 _ CZ -C 3 ts Qi T t? ct cs ^" to H t^ r= w £ d O D. P £5 ''• - c t- ,5 ? 415 APPENDIX. Form of Petition to His Imperial Majesty the Emperor of Russia. OopMa npoiLieiiL'i Ha BLlCO^AlimEE IImh. BCEnPECB-bT/]t>MlUIM, AEPmABHtMlUlM BE/IMKIM rOCVAAPb l1MnEPAT0P"b HMKOilAM A/iEKCAHAPOBMHlj, CAMOAEPHiEU-b BCEPOCCmCKm, rOCYAAPb BCEMM/lOCTMB-bMlUm ! Ilpocumr, (o.maunmh iniiir, u.ui saaiiie iijiO( uinrAii, u.u/i, omuecmeo u ^aMiuiio). (UMomim, ripomenie Tain> acao, mtoom to, mto cna^ano bi. o.ino.Mb oyenrfe, ee ubi.io iioiiropae.MO bi. ^pyroM^ n ne CMtaiiiBaJOCb 04HO itjo CT> 4pym.MX.) IIo u3.iOHa'Hiii npoiiienifl 11 noc.ib ciobi, „ BceMii.iocTiiBtume upomy " cjtAyert, OTCTvnuB-L HtcKu.itKo, uflcaii. : 4a6r.i noBo.i']^iio Hllto (ooLncHnii. mcmi. npoci>oa npiinocuTca, a 8'L oijoinaiiiu iiociaBnih ro,i'i>, Mtcain. 11 miic.io). {Coucmci'iiiiopijHnan noOiiucb npociunc.in) MtcTO vi.iiTo.ii.cTBa iiM'bio : (4a)iih no.nthiii ad//t(o) Ilpoiiicuia ua BLICU4A11IIIEE Ihia otx rcpooBaro coopa ocBOuo;KAeobi. 4i6 OBPASEIl^b ^OrOBOPA KOPABEJIBI^HKA CT> KOPABEJILHBIMII CJiy^KIITE.n.^IMII. (Form of Ships Articles.) /Ja Cyjien. h3bI)CTho, komv aiiaib iia,vie)KHTT., 'ito bt, cn^y sar.'onoB^ KvneMecKOM'b Bo^oxojnirfe saiuiio'ieH't ceii ^oronopi,, a iiMeuno: ci. o,uioii cropoHi.i H Kopaoe.ihmnKT, Kopao.ia, HMCuoiiaiiiiaro B, mi, Aodporb sacBii/i'fcTe.iiiCTBOBanHaro, KoropLiii lenepb ctomt^ iia uiTanejH, H.iii Bi> ropo,vI>, H.1H noprfe, n.ui iipiicranH B, iia KOTopoMi. ex BovKieio noMOiniio, OTnpaB.iaiocb b^ nyib in. lopciy iun nopiy ii.iii npnciaHii 4 H np., Kv/ia lixaib iiaM'fcpeni., si naKw nM'tio BOiBpaiirrbca in. noManyTOMy ropo4v H.iH nopiy, iun npuciaiiH B, v\.n\ KaK^ no oocTOine.ibCTBasn. nyiHy ii.ui ToproBbixT, oopameeiii iipii.iumjo nucaib, II 4.1a Toro nyin Haea.i^, H, namiMaa, yc.TOBn.ica h ,i,oroBopHJca Cb Kopaoe.ibebiMn ciyjitnTCiaMH, KOHXi. nMcna HU/Ke nponiicaubi, Ha Becb nyib hjh na onpe^'b.ieHHbiii cpoin,, yiaio h AaMt KajK^OMy n.iaiy, naux ^poTHB^ HMeoH Kaat/iaro uanwcaHO iiMeiia najKe npoiiHcaBb!, H KajK^biM 1131. BacT. Hanajca 11 HaeiuiaeTca, yc.ioBiLica h AoroBopiiJca sa nponncaiinyio n.iary nponiBV iiMeeu Kaji^aro .iHiepaMii h niH'npbK) ea uyib oi^ Ao , oepe.Mca 11 oSasyeMca coBepmiirb BbiiiieHapc^iennbiii nyif, n iicno-inaib 40.r.!;iiocTi> Kopaue.ibnbix^ cjy>Kn- TCJLeH no cii.it 3aK0HQB^ KynciecKOML BO/ioxo^cTBt, H no onoMy Bcfe 3ai;onHbifl npnKasania BMiuenoHMeuoBannaro i.opa6e.ibmMi."a, ero no- MOiunnKa, n.in KopMMaro, 11.111 OTnpaB.iaioiunx^ AO.iiKnocTii ciixx na Bbime- noHMenoBaHHOMT. Kopao.ii, luii na Kopaoe.ii.noM m.iionKb, 6ot1>, jojk^, Kt oeoMy Kopao-iK) npHeaAJeasamnxi., na v,ox^, hjh peiUb, b^ r( po.rlj hjh nopri), H.1H npHciann, Geperfe, n.in bo BpeMa narpyHieiiia n Bbirpynsenia TOBapa, rpyaa, npiinaca njii BO^bi, 11.111 iinoro nyaaiaro 4.1a Kopafua ; h Bc'fe ciiJibi M B03MO/i:Hoe ciapauie npiuojKiiM^ i.t. cMacuuBOMy njaBaeiio, 1.0.111 HO on. tiamnxi. ipyAOBi. to saBiicim., n.iii la. coxpaneniH) h cnaceniK) Toro i.opad.ia, TOBapa lun rpyaa. On. 4o.r bh^omt. raMOBO.ii.iio IK! coii.icMb ; ii oy^e naie Maaiiia kto m3^ nac^ KopaoeJbiibiii cjy'/KMTe.ib, 11.1H B04oxo4cin., yMHnnn. mto iipoinBnoe cesiy, to no^Bep- racTca crpoiOMy n tomhomv B3i.ici;aniio bt> ciuy 3ai;onoBT. KynciecKOMT, BOAOxo.icTii'fc, KOTopi.ie iVibi ooasvcMca Bbino.iniiTb oesonoBopoMno n uenpe- KOC.iOBiio, 11 B7. cii.iy Toro Bcaicoe ncikHie BbiiueHMeiiOBanuaro KopaGejb- niHua 11JM cy40Biuni;a w oro noMomnHKa, v\mi KopM'iaio, ji,M npasjieiiia i;opaoj«, H.iM 4Ja iipei.jiaineiiia iiopoita iliii nencTOBCiBa, ne oxpcMeMca BbinojiiiiTb, H HHHTO Hiii. iiacb iic iipoMC 11 He oOviie H ne iiiiai;o njary ipcooBarb 40.r.Keiri., i;ai".i. in. cii-iy n Bb ciii^cTBie saitoiiOBX o KyiieMccitOMi. BOAOxo^cTiii; 11 34'ljcb iipii iiMciiH KavK^aro naniicaiio. By^e Kopadcibiibia si.ui cy.ioBi.ia cuacTM, npiiiiaci.i, lOBapb, rj)y3'b, ciuipoi,, ^enbrn, luii niioe 'iTO itOMy H3'b nac'b 6y4en. nupyieno in. cMorpliiiic n coxpancnio, in> c.rfc^CTBie ero ao.ivkiioctii ii.ni no AOid-.pennocTn : to 4().i;i;encTByen. Aaib- 417 orirliii, u oT'ieri. npeiK^c no.ivMeHin ujaibi. I)y4e iKe ero uecMOTptnieMi ii.iii iiocdepeHJeHieM'L vMHHnToi Bpe^'h bjh ymepox, to v40B.ieTB()pHTb U3b (TO njaibi cuojim. 3a TanoBoe TOMooe h Btpeoe ncno.iiieBie Bi.iiiieiiponncaunLiXT, ycjoBiii, xaKofi-TO Kopaoe.ibinHK^ Kopao.ia, umcho- Bauuaro 1>, ootmacTcn h o.yflsyeTcn njaiHTL ch TOHHOciiio HacMi, Kaisi •A.\i,ch iiii;i;e ynoMnnyTo, ii ^aeii h ^acn. Ka^-^OMV njary, KaKi, npoTiiBV iiMciiii i;a-.K4aro iiaiiiicaiio jincjJaMn h uiia>upi,io, h cnad^tBaeri h CHaoAirn., ii co4ep3KiiTi> iiacb ua Aoopoii h 34opoBOii uauxh no CH.it 3ai;onoBi. o Kyne4ecK0Mi, Bo,ioxo4CTBt, KOTopLie oui ooasaex Dcncinnrfc, iipieMJfl c'raitH OHbixx bo BcIiXL cjy'iaaxi ceoi> 3a iipaBiua n iioBuuvacb oiibiMi R-h OTBiiii n OT^ieit. 4-'fl TOMHaro me ncno.ineeia ccro 4oroB'opa, i;oTopbiH ecTb 4odpoBO.ibiibin, iienpiiHyiK^eHEbiii u 4.1a KOToparo nHKame 3aiipciucnHbie cnocodbi luii cpc/icxBa, ho ycii.iia iie obi^iii ynoTpeo.ienbi, Mbi H Ka;K4biH H3T. HacT> Ki ceMy AoroBopy iipHJoajn.iH Haraa pyKH npa cBHAiTCJaxx HHH?eno4nHcaBinHxcfl h HanncajH Mfecanx 11 ^enb" Hamero aoroBopa, KaKT> HaseaMeuo upoiiiBb HMeHH Kaat^aro h3x Haci.. Ilo.uiiicb: H, TaiJoi'iTO Kopaue.ibuinKx n.in cv40Bmiii;T,. iMfccro II n|i('Mn BCTV- iMciiia RT, i'jyH;enic : 3BaHi)i. CnH,v6- T(!JH. n.iara D.iaia Ha MfccH'iuan. Becb nyib. Bpejia I I^tjafl ornvcKa. njaia. Pv6. Py6. 41 S Ki) npomemio o HasHaHeHiii ycnoBHOH neHcin (hjih eAHHOBpeMeHHaro noco6i5i) ceMeficTBy noAnojiKOBHHKa Cn,ii;opoBa. BOnPOCLI. OTB'fiTLI. 1) Bpeina n npiiqiiiia cjiep'rii 1) 2S ABrycTa 1914roji;a ySiiTT, MaBu cLiielicTBa. (iijiii yaiepi. oti. pant, nojiy- ^eHHHXT. BT. HacToamefi Boriui, UAii 6631. BicTii npo- naai, irjiii yMept ott. 6oji'I;3- Hii BT, paioHt bohhh). 2) Hma n oxqecTBO B3,obli. 2) Ojitra HiiKOJiaesHa. 3) CkO.ILKO BJOB-fe JliTt OTt 3) 45 JvlTh. VOKY' 4) Hmh h Bpesia poffij],eHia 4) CeprfS poTi,TiBmirica 3-ro A'feTeS. MapTa 1893 roji,a, HnKCiiari — 8-ro Anpi-iiii 1895 roji,a, BacioiS — 12-ro Anpijii 1898 ro;i,a, A.iieKcaH;i,pa — 10-ro IioHii 1900 rojta n Bipa— 1 5-ro Maa 1 903 ro^a. 5) Txh jt-fcTii Haxoji;flTCfl h ec.iii 5) Ceprift coctohtt. cTy;i,eH- BOcnirruBaioTCfl, to B'h Ka- TOM'L IleTporpaACKaro iio.tii- Kiix'L iiMeHHo yHeCHHxt 3a- TexHiiyecKaro iiHCTirryTa na BeaeHiaxt ii na ^eii c^exi. ii ■ MOH cqext, HiiKO.'iaft Bociiii- He no.ib3yioTCH iii KaKimii TLIBaeTCa BT. IlaBJIOBCKOM'B jLuOo cKineHAiaMH. BoeHHOMT.y 1111.111111,4 iiacMeTi. Ka3HE[; BaciijiiS bociiiitij- BaCTCfl B'L JI,BIIHCKOri MyjK- CKOH riiMHasiir HaMOHCieTi,, AjieKcaH;i,pa ii Bipa Bocnii- THBaiOTCil B-B /^BIIHCKOft jKeHCKOH niMHasin, nepBaa iia KaseHHtrft, a Bxopaa iia CTiiiieii^iii. 6) Mf.CTOJRnTejii.CTBO h nst 6) Cejo HiiKo.ii.cKoe, J^bhe- KaKoro icasHa^eftcTBa cji'k- cKaro yfcfla, BiiTe6cKofi ji.yert accHruoBaTb iieHciio. ryuepiiiii. Est. JtBiiHCKaro KasiianeficTBa. 419 06pa3ei];'b npomenifi na nojiy^enie nencin BflOBaMi, n cnpoTaM'b BoeuHocjiyyKaLu.iix'b. Bb r.lABULlii LUTAC'I). B;i,OBiJ iio,T,nojiKOBHnKa 98-ro nlixoTiiaro IOpi.eHcKai'0 iiojiKa Cepria IleTpoBiiia Ciuo- poBa, Oai>rii HnKo;iaeBHBi CuAopoBoil. nPOUJEHIE. Mon MVHtT. yonii bt> cpavKCiiiii bi, nacTonmCH Bouni (n.in vMepi) OTh paub, no.iyMeiiiiLix'1. bi. cpavi;enin, ina oe3i, istcTu npona.i^, ii.iu VMepi OTT> oojtauu bt. paiout bohiili), a iioto.mv, npcACTaBJHa npu ceMT. QHHjenoHMeHOBaHHbie AOKVMeHTbi II .iiicTb 4oiio.iHi!iTeJ[i>etixi cut- ^tiiiii ch npe4CTaB.ieHui>iMu bt.- ugmi OTBijiaMii, npomy xo^aiaiicTna Baniero BbiiOKOo.iaiopoAia h naaiiaMeniu uui ct> a^ilmu, npuHiiiaio- meuca neacia (h.ih e^HHOBpeMCHuaro nocooia). nPIIJO/KEHIE : .1HC•T^ /lono.iiiHTtMbHbixx cB'fc^iieiii (Bjona ^ojJKBa nepeHMceoBaib ocia-ibubie AOKVMeHTbi, i;ou 6y4}r& eio npiuo- HJCHbl. BAoea noAno/iKOBHUKa ^, " CcnmEUjJH 1914 i. 420 OBPASULI OBmEH, HOJIHOH ^OB'BPEHHOCTH H J];OB^PEHHOCTH, Ji;AHHOfl no nPABY HEPEJIOB^PI^I. (Forms of Poiccrs of Attorney.) 1) Mn.iocTUBbiu Tocy^apb N. K (inm n OTHeciBo). He HMia bo3- MOKHOCTH .lu'jno saiiuMaTLca ynpao-ienieMT. npHna4.ie;KamiixT> MH'fc h iiaxojamuxca laMi. to HejEHHiiiMbixt HMvmecTBi, a paoHO Be^CHieM^ MOiixT. A-fejT., HacTosmeH) /toBfepeHHOcTbio yno.iHOMOHiiBaK) BacT. : ynpaB.iait RctMn npunaj.ieHjamHMii Miife (laiuiMH to) ue^BiuKHMLiMii iiMvmecTBaMH, oTAaBaiBTaKOBbia bt. uLiomt, cocTaBlj ii.iu 'lacTaMH bt> apcHAOoe co^epsKaHie sa u'feey h na yc.ioBiaxi>, Kania EaiiACTe Hauoo-iie ji,An Mena Bbiro^iibiMn, npo^aBaTt Ha cpyoi. npnea/^jejKamiu MA'S .rkx, b^ aynai HaAooiiocTa aaKja^biBaTb moh iiMinia bt, KpeAiiTHbixx ycTanoBjeiiiaxb h nacTUbiMT, .iimaMTj, paBHbiM^ oopaaon. Bbi^aBaTb ot^ Moeio DMeHii Bcabaro po^a sacMHbia o6a3aTe.iBCTBa h BCKccia Ha neorpaHnMeeeyio cynniy (hjh ae CBbime TaKOH to cyMMbi), coBepuiaTb Bcanaro po^a /loroBopbi u C4I5.1KH 40MameHMx, aBoqHbiMi. 11 noTapia.ibubiMT. nopaAKOMx, bt. tomx mhciIj TpeTCHCKia, MHpoBbia, HeycToeMiibia h 4pyria 3anncu, y^acTBOBaTb bx pasA'^it Hacji),TCTBeHuaro HMvmecTBa, no.iyiaTb c.rfe^yeMbia mhIj ^cHbra h pasHaro po^a HMymecTBO, a TaniKe BcaKaro HaiiMenoBauia 6yMarii, ^OKy- MCHTbi H Koppecnou^eHuiK), pocriucbHsaTbca bm^cto Meea, r^'fe opeACTaBHTca HaAooHOCTb, sauuimaTb bcIj moh .iiiMHbia n HwymecTBennbia npaBa bo BcbxT., oeai HSiaTia, npaBnTe.ibCTBeuubixL w oomecTBeHUbixx yMpejKAeuiaxT. y 40.i>KiiocTHbix^ JHHT., KaKi ciOBCCuo, Taiix H niicbMeneo, uoAaBaTb ott. Moeio HMCHH Bcanaro po^a fiyMaiH, bt, tomt. mhci^j npouieuia, aaaB.ienia, OTSbiBbi, BOspaH^eeia, nacTHbia, ane.i.iauionnbia a KaccauioHHbia jKa.ioobi, BHiinaTb BcaKaro po4a hckh, npHB.ieKaTb vn> A'fe.iy ipcTbax^ Awvcb, BOaoyHi- AaTb yro.iOBHoe npec.i1>40Banie npoTiiBi. HapymuTCien mohxtj npasT,, saaB.iflTb cnopbi no^joraxi. h oTBli-iaTb npoTiiBi. Taiiiixi cnopoBi., xo/iaTaiicTBOBaTb bboaB Mena bo BjiaAiinie, o5^ ooeaneHeHia hckobt. h npeABapHTe.ibHOMT. Hcno.iHeiiin pfcuieHiii, yiacTBOBaTb Kb cyAoroBopeniH, BT, KOHKypcHbix'b vnpaB.ieHiax^, CT. npaBajin BbiowpaTb KvpaTopoB-b h GbiTb HBOpanHblM-L B^ TaKOBbie, BBblCKHBaTb no UCnO.!HHTe.lbnblM'b JlICTaMT,, 4t.iaTb HOTapia.ibHbia saaB.ienia 11 nojyMaTb bt. tomt. y/iocTOBipeHia h Boodme Hcno.inaTb h opeAnpiiuHMaib bcI; ^liHCTBia, ueooxo^HMbia a.\k sauiHTbi MOHXT. HDTepecoBT>, HacToamce no.iHOMOHie bt. nojeo&n. ooT.eiwfe imi MacTaMH Bbi MO/KeTe nepcAaTb yipyiHMT. .ul^aM^, no BameMy ycMO- TpiiHiio, cb npaBOMb ^a.ibnfeumaro nepc^OB'tpia. BceMy /he, mto 6y4eTT. BaMH \h\\\ noB'I;j)CHiibiMH BauiHMH CA^Jauo no 3T0ii AOB-fepennocTH, a B-fepio cnopiiTb M iipeKOCjOBMTb He oyyiy. TopoAi. N, roAi., Micam. h muc.io. 4oit'l.[)eiiHocTb ;)Ta n{)HHa/iJe}KHTT, TahOMy to (.iBanie, iiMa, OT-iecTno h ^aMH^ia). rioAHHCb. ^OBipeunocTb TaKaa coBepmena HOTapia.iLHbiMi. H.iH aBOMHbiMb nopa^KOMx. 2) MiLiocTHBbiii rocy/tapb N. N. (inia h oT'iecTBo). Ila ocuoBania AOBtpcunocTH, ^anuoii anib, ex npaBOMi. nepe^OB'ipia, TanaMx to b 421 flB.ieuHofi Tasix to, yrio^uoMOMnnaio Bacx npe47.flBHTL HCK^ ki laKOMv to, BTLicKaniii ci. uero, no laiioMv-TO ^OKVMeBTy, b^ no.11.3y Moero Bipnie.ia TaKofi-TO cy.MMbi, c'L uapocuinMH nponeniaMii, a paBHO cv4eonbiMu a 3a BCAenie ,vlj.ia ii3,iep(KKaMu. 4-'*' 3Toro BI.1 Bb n[)aBl> (.w.iiie IJali^ Bi npe,^xH4yHieii 40Bl>peHH0CTu ii3.io;kiiti> cymnocTL npe^iocTaiuae- MbixT. npaBi.). ro4i., Micflui H HHcio. ^oB^ipGHnocTb 3Ta npiHuu.iejHHrb Ilcuiiub: A'feiicTByioiuiri no BbimeynoMfluyToii AOB'fcpefliiocTu iai;oii-TO (sBauie, amji, 0T4ecrBu h 'i-aMUjia). 422 §399. Comparison of Russian Weights and Measures with the Metric System. Comparison of Russian Weights and Measures with those of the metric system. The law of the 7th June 1899 sanctions the use of the metric system of weights and measures side by side with the old system, according to which the unit of weight is a pood, equal to 0-409,512 kilogrammes and the unit of measure a sangene, equal to 7 English feet or 2-133360 metres. The legal relation between Russian weights and measures and those of the metric or international system, as established by the General Board of Weights and Measures, in accordance with Art. 16, § 8 of the Regulations as to Weights and Measures, is as follows : — Weights. Russian weights. I pood = 40 funts (pounds) = 3840 zolotniks. I pound = 32 lots = 96 zolotniks I lot = 3 zolotniks _ _ _ I zolotnik = 96 dolias - - - I dolia ------ Metric system. 16-380496 kilogrammes. 409-512510 grammes. 12-797263 4-265754 44-434940 miUigrammes. Metric system. I ton = 1000 kilogrammes I kilogramme - - - I gramme _ - _ I decigramme I centigramme I milligramme Russian weights. 61-048211 poods. 2-419284 pounds. 0-23442513 zolotniks. 2-2504812 dolias. 0-22504812 ,, 0-022504812 ,, Linear Measure. Russian measures. I verst = 500 sagenes - - - I sagene = 3 arshins = 7 feet (foot) I arshin = 16 vershoks = 28 inches (duim). I vershok - _ _ _ _ I foot = 12 inches _ _ _ I inch (duim) = 10 lines I line = 10 points - - - - I point ------ Metric system. I -06680 kilometre. 2-13360 metres. 0-711200 metre. 44-45 millime res. 304-8 25-4 2-5400 ,, 0-254 Metric system. I kilometre I metre = 3-28084 feet, or I decimetre - - - I centimetre - - - I millimetre - - - I micron _ - _ Russian measures. 0-937383 versts. 1-40607 arshin. 3-93701 inches. 0-393701 „ 0-393701 line. 0-00393701 point. §899. RUSSIAN WEIGHTS AND MEASURES, &c. 423 Measures of Surface Russian measures. I square verst = 250,000 sq. sagenes I dessiatina = 2,400 sq. sagenes I sq. sagene ----- I sq. arshin ----- I sq. vershok ----- I sq. foot ----- I sq. inch _ - . - - Metric system, I sq. kilometre I hectare I are - - - I sq. metre I sq. decimetre I sq. centimetre I sq. millimetre -i 1 -1 Metric system. 1-13806 sq. kilometres. 1-09254 hectares. 4-55225 sq. metres. 0-505805 sq. metres. 19-7580 sq. centimetres. 0-0929030 sq. metre. 6-45160 sq. centimetres. Russian measures. 0-878687 sq. verst. 0-915299 dessiatinas, or 2196-72 sq. sagenes. 21-9672 sq. sagenes. 10-7639 sq. feet, or I -97704 sq. arshins. 15-5000 sq. inches, or 5-06123 sq. vershoks. 0-155000 sq. inches, or 0-0506123 sq. vershoks. 0-155000 sq. lines, or 0-000506123 sq. vershok. Solid Measure. Russian measures. I cubic sagene I ,, arshin - - - I ,, vershok I ,, foot - - - T ,, inch - - - Metric system. I decastere or 10 cub. metres I stere or i cub. metre - I cubic decimetre - I cubic centimetre - I cubic millimetre - _{ Metric system. 9-71268 cub. metres. 359-729 ,, decimetres. 87-8244 ,, centimetres. 28-3168 ,, decimetres. 16-3871 ,, centimetres. Russian measures. 1-02958 cub. sagenes. 27-7987 ,, arshins. 0-102958 cub. sagenes. 2-77987 ,, arshins. 0-0277987 cub. arshins. 0-0353147 .. feet. 0-0113864 vershoks. 0-0610237 cub. inches. 0-0000610237 cub. inches. 0-0000113864 cub. vershoks. Measures of Capacity. Russian measures. I last = 12 chet verts I chetvert — 2 osminas - I osmina = 4 chetveriks I chetverik = 8 garntzv I garnetz _ _ _ Metric system. 25-1892 hectolitres. 2-0991 1-0405 26-239 litres. 1-6399 .. §S99. 424 RUSSIAN WEIGHTS AND MEASURES, &c. Measures of Capacity — continued. Metric system. Russian measures. I kilolitre I hectolitre I decalitre I litre I millilitre 4-7639 chetverts. 3 -81 12 chetveriks, 0-38112 0-038112 0-00030489 „ Liquid Measures. Russian measures. I bochka (cask) = 40 vedros - I vedro (pail) = 10 shtoffs I shtoff = 10 charkas - I charka = 2 shkaliks - I shkalik _ _ . - T bottle of wine _ - - I bottle of beer or brandy = ^7' Metric system. I kilolitre _ _ _ _ I hectolitre - - - - I decalitre - - _ - I litre ----- I decalitre _ - - - I milhlitre - - - - Metric system. 4-91960 hectolitres. 0-12299 " 1-2299 litres. 0-12299 " 0-061495 „ 0-76871 7 vedro 0-61495 Russian measures. 81-305 vedros. 8-1305 0-81305 „ I -3009 bottles of wine, or 1-6261 ,, ,, brandy. 0-81305 charka. 0-016261 shkalik. Apothecaries' Weight Russian weight. pharmaceutical pound = 12 ounces = 84 ordinary zolotniks. Metric weight. 358-32336 grammes. I ounce = 8 drachms 29-860280 I drachm = 3 scruples - I scruple = 20 grains - I grain = 1-4 ordinary dolias 37325350 I -2441783 62-208916 milligrammes, Metric system. Russian weight. I kilogramme _ _ - I gramme _ - - - , I milligramme 33-489304 ounces. 16-074866 grains. 0-01674886 „ §399. 425 Comparison of English and Russian Weights and Measures. Weights. 400. I bercovets = lo poods = 3-61 quintals. I pood = 40 pounds Russian = 36-11 avoirdupois. Russian ^° I pound = 32 lots = o-go lbs. avoirdupois. Weights and I lot = 3 zolotniks = 0-45 oz. „ Measures. One pound apothecary's weight contains 12 ounces, 96 drachms, 288 scruples, 576 grains. This pound weighs 84 zolotniks ; i.e., 8 lbs. apothecary's weight = 7 ordinary pounds. Linear Measure. I foot = 12 duim (inches) = i foot English. I duim (inch) = 10 lines = i inch ,, _ ( 7 feet = 7 feet English. "1 3 arshines = i-i6 fathoms English. I arshin = f "^^ vershoks = 077 yard Enghsh. \ 26 duims = 2-33 feet ,, I vershok = i^ duim = 175 inch I verst = 500 sagenes = I 212-16 furlongs. ^ ^ i 0-66 mile. A Russian foot is the same as an Enghsh foot. A ,, (duim) inch is the same as an English inch. The verst is 500 sagenes or 3,500 feet. Surface Measure. I dessiatina = 2,400 sq. sagenes = i 432 -oo sq. rods. 1 270 acres. I sq. sagene = | 49 sq. feet. i 1-36 sq. sagenes. I sq. arshin = 256 sq. vershoks = o-6o sq. yard. I sq. foot =_I44 sq. inches = i-oo sq. foot. Cubic Measure. I cub. foot = 1,728 cub. inches = i-oo cub. foot. I cub. arshin = 4,096 cub. vershoks = 1270 cub. feet. I cub. sagene = 343 cub. feet = 2-68 cords. MEASURES OF CAPACITY. Dry Measure. I last = 12 chetverts (corn measure) = 8-66 quarts. I chetvert = 8 osminas = 577 bushels. I osmina = 4 chetveriks = 11-5 pecks. I chetvert = 8 garntzy = 577 gallons. I garnetz = 2-88 quarts. §400. 426 ENGLISH & RUSSIAN WEIGHTS & MEASURES. Liquid Measure. J f 8 shtoffs = 2-70 e;allons. I vedro = j , ., ^ % y 10 krujkas = 10-82 quarts. I krujka = 10 charkas = 2-16 pints. I chetverik contains 24 lbs. and i vedro 30 lbs. of tepid water. In 1904 the British House of Lords passed a Bill on the third reading for the adoption of the metric system of weights and measures in Great Britain. The Bill proposed that the units of weight and measure throughout the whole of the British Empire should be the kilogramme and the metre. It was proposed further to make the metric system compulsory in all contracts and other business transactions between private individuals, under pain of invalidity of such contracts or transactions. Up to the present this movement has not had a practical result. 40C. 427 List of Legislative Enactments and Authorities referred to in the text. 1. Fundamental Laws of the Russian Empire, Svod Zakonov, vol. i., ed. 1906. 2. Code of Government dues and taxes, ed. 1903, Svod Zakonov, vol. V. 3. Code of Laws relating to the Civil Estates, ed. 1899, Svod Zakonov, vol. ix., Continuations 1906 ; 1908. 4. Code of Law, ed. 1900, Svod Zakonov, vol. x., Continuations 1906 ; 1908. 5. Code of Civil Procedure, ed. 1892, Svod Zakonov, vol. xvi., part I., Continuation 1895. 6. Code of Regulations relating to credit and loans, ed. 1903,. Continuations 1906 ; Svod Zakonov, vol. xi., part 2. 7. Code of Regulations relating to affairs of foreign religious professions, ed. 1896, Svod Zakonov, vol. xi., part i. 8. Penal Code, ed. 1885, Svod Zakonov, vol. xv.. Continuations 1906 ; 1908 ; 1912. 9. Code of Medical Regulations, Continuation, ed. 1905, Svod Zakonov, vol. xiii. 10. Regulations relating to Bills of Exchange, ed. 1903, Svod Zakonov, vol. xi., part 2. 11. Consular Regulations, ed. 1903, Svod Zakonov, vol. xi., part 2. 12. Customs Regulations, ed. 1904, Svod Zavonov, vol. vi. 13. The General and Conventional Custom Tariffs, ed. 1906 Svod Zakonov, vol. vi.. Continuation 1908. 14. Laws regulating the organisation of the provinces, ed. 1892, Svod Zakonov, vol. i., part 2., Continuation 1906. 15. Maritime Code of Russia. 16. Civil Service Regulations, ed. 1896, Svod Zakonov, vol. iii.. Continuation 1906. 17. MiHtary service Regulations, ed. 1897, Svod Zakonov, vol. iv., and Continuation 1912. 18. Regulations relating to the functions of Notaries Public, ed. 1892, Svod Zakonov, vol. xvi., part i.. Continuations 1906 ; 1908. 19. Temporary rules for the application of regulations relating ta the function of Notaries Public, ed. 1892, Svod Zakonov, vol. xvi., part I, Continuations 1906 ; 1908. 20. Regulations for sea-prizes in time of war, confirmed by the Emperor of Russia on the 27th March 1895. 21. Trade Regulations, ed. 1903, Continuations 1906 ; 1908 ; 1909, Svod Zakonov, vol. xi., part 2, Continuations 1906 ; 1908. 22. Passport Regulations, ed. 1903, Svod Zakonov, vol. xiv.. Con- tinuations 1906 ; 1908 ; 1909. 23. Maritime Code of Finland. 24. Civil Code of Finland. 25. Finnish Regulations as to captains and crews of merchant vessels of 30th March 184S. 26. Code of Napoleon (in force in Russian Poland). 428 LIST OF LEGISLATIVE ENACTMENTS, &c. 27. Polish law of conjugal relationship. 28. Code of Laws of the Russian Baltic Provinces. 29. Conventions, treaties, and agreements concluded between Russia and foreign States, edited by the Russian Ministry of Foreign Affairs ; 4 volumes. Petrograd 1889-1896. 30. Regulations relating to Direct Taxation, ed. 1903, vol. v., Svod Zakonov, Continuations 1906 ; 1908. 31. Regulations relating to Stamp Duty, ed. 1903 ; vol. v., Svod Zakonov, Continuation 1906. 32. Regulations for the preservation and suppression of crime, ed. 1890, vol. xix, Svod Zakonov, Continuation 1906. 33. Collection of Regulations of the First Department of the Russian Ministry of Foreign Affairs : Petrograd, 1912. 34. Official letters and circulars of the II. Department of the Russian Ministry of Foreign Affairs. 35. Official letters and circulars of the I. Department of the Russian Ministry of Foreign Affairs. 36. Official letters and circulars of the Section of Commercial Shipping of the Ministry of Trade and Industry. 37. Decisions of the Ruling Senate. 38. General Instructions for Russian Consuls. 39. Calvo : " Le droit international theorique et pratique," 4 vols., Paris, 1880-1881. 40. Heyking, Baron A. : "L'Exterritorialite," Berlin, 1889. 41. Moore, John Bassett : Digest of International Law, Washing- ton, 1906. 42. Martens, F. de : International Law (in the Russian language) Petrograd, 1882-1883. 43. Leske und Lowenfeld : " Die Rechtsverfolgung im Inter- nationalen Verkehr," 4 Bande, Berlin, 1895. 44. Goriainoff, S. : " Rukovodstvo dlja Konsulov," Petrograd, 1903. Konig : " Handbuch des deutschen Konsularwesens," 5 Ausgabe. Berlin, 1896. 45. L. P. Rastorgueff : "The legal position of Enghsh Companies in Russia," London, 1911. 46. L. Norrgren : " Russian Commercial Handbook," London, 1904. 47. Kcnard : " The Russian Year Book," London, 1915. 429 INDEX. Advances of wages, to Sailors, § 218. Agreements, International. See Conventions. Aliens. See Foreigners. Alsace and Lorraine, Immigration and Expulsion of aliens, § 175. Arbitration treaty with Bulgaria, § 99. Archives, Consular, books, files, &c., § 37 ; Exterritoriality of, § 20. Army, Summonses relating to military service, § 155 ; Uniforms abroad, § 156 ; Compulsory military service, § 157 ; Military service of sons of diplomatic officers and of priests, § 158 ; IMilitary service of sons of Russian officials residing abroad, § 159 ; Military service of Russian subjects who have completed courses of study abroad, § 160 ; Enlistment, § 161 ; Conscription areas, § 162 ; Sailors exempt from enUstment in land regiments, § 163 ; Illness and military service, § 164. Arrest, Exemption of Russian State Consuls from, § 19. of deserters, § 277. Arrival of Russian ships at foreign ports. See Clearing. Articles, Ship's, binding on both parties until ship returns to Russia, § 208 ; Mustering at Consulate, § 209 ; Sailors' passports, § 210 ; Foreign sailors on Russian ships, §211 ; Signing articles, Finland, §212; Conditions of articles, § 213, Finland, § 214 ; Contracts for voyages of indefinite duration, § 215 ; Essentials of articles, § 216 ; Sailors freed from obligation to observe contract, § 219 ; Position of crew, in case of sickness of master, § 220 ; Finland : Conditions of articles, § 221 ; Form of crew list, § 222 ; Supercargo, § 223 ; Discharging sailors, §§ 224, 225, 226 ; Finland, § 227 ; Written contracts obligator}-, § 240. Assistance, Consular assistance to Russian subjects, §107; To minors and widows, § 143. Associations of Consuls, § 29. Australia, Immigration and Expulsion of aliens, § 169. Austria, Exemption of State Consular Officers from arrest, § 19 ; Rights and privileges, § 25 ; Treaty as to passports, § 64 ; Convention of Berne — execution of civil judgments of foreign courts, § 100 ; Legal costs, § loi ; Inheritance, § 140 ; Immigration and Expulsion of aliens, §179; Extradition, §188; Deserters, §§283, 284; Ship- WTecks, § 340 ; Agreement as to status of foreigners, § 384 ; Agree- ment as to readmission of Russian subjects into Russia, § 182. Average, Consular assistance to ships' agents, § 328 ; Ibid., in absence of such agents, § 334 ; Sea protest, § 335 ; Examination and estimate of damages, § 336 ; Adjustment of a, § 337 ; Finnish vessels, § 338. Baden, Grand duchy of. Immigration and Expulsion of aliens, § 173- Baltic ports. Sanitary protection, § 50. Baltic Provinces, Legal capacity of Russian subjects, § 89. Bank drafts to Russia. See Money. Bavaria, Immigration and Expulsion of aliens, § 178 ; Extradition, § 182. Belgium, Treaty of Commerce, § 12 ; Consular rights and privileges, § 25 ; Convention of Berne, execution of civil judgments of foreign courts, § 100 ; Legal costs, § loi ; Extradition, § 188 ; Deserters, §§ 283, 284 ; Shipwreck, § 342 ; Agreement as to status of foreigners, § 384. 430 INDEX. Berne, Convention as to execution of civil judgments of foreign courts, § loo. Bessarabia, Legal capacity of Russian subjects, § 92. Bills of exchange, protest, &c.. Duration of their validity, § 104. Bills of health, § 51. Bills of lading, §§ 375. 378- Bills of sale. See Purchase and Sale of Vessels. Birth of Russian subjects abroad, § log. Bodies, Embalming and transportation to Russia, § 141. Book-keeping, Consular, § 38. Bottomry and Respondentia, §§ 322 to 325. Bulgaria, Agreement as to status of foreigners, § 384, Canada, Immigration and expulsion of aliens, § 168. Cape Colony, Immigration and Expulsion of aliens, § 169. Captain, Report on arrival of vessel, § 199 ; Production of ship's papers, § 200 ; Obligation to conform to local regulations, § 201 ; clearing out, § 202 ; Captain's duties, § 204 ; Finland, § 205 ; Neglect of duties, § 243 ; Misconduct, § 289 ; Removal from command, §§ 290, 300 ; Finland, §§ 291, 301, Appointment of new captain, § 298 ; Inventory of sliip's property on change of captain, § 299 ; Captain's receipt for provisional flag-patent, § 310 ; Report of jettison of cargo, § 332 ; Repatriation of prisoners of war and shipwrecked sailors, § 302 ; Finland, § 304 ; Obligation of captain to take prisoners of war and shipwrecked sailors, § 305 ; Captain and CREW, articles binding on both parties until return of ship to Russia, § 208 ; Conditions of agreement, Finland, § 221 ; Discharging sea- men, §§ 224, 225, 227 ; Abandoning sailors in foreign parts, § 226 ; Retirement of captain from command, Finland, § 230 ; Settlement with crew, § 231 ; Deferring payment of sailor's wages, § 232 ; Inciting to desert, § 239 ; Written contracts obligatory, § 240 ; Certificates of discharge obligatory, § 241 ; Unlawful dismissal of sailors and neglect to repatriate them, § 242 ; Refusal to grant discharges, § 244 ; Disputes with crew, §§ 238, 257 ; Case of " Yaroslav," §258; Case of " Alcibiades," §260; Settlement of such disputes in France, § 261 ; Great Britain, § 262 ; (Case of "Anna," §263) ; Greece, United States, §264; Austria, France, Germany, Italy, Spain, § 265 ; Netherlands, Belgium, Great Britain, § 266 ; Peru, Denmark, Japan, § 267 ; Case of Michael, § 268 ; Case of Finnish ship " Alkukvi," § 269 ; Disputes on Finnish vessels, § 270 ; Treatment of seamen, § 259. Certificates issued or legalised by Consuls of origin of goods, § 52 ; To plead in forma pauperis, § 102 ; Russian State Loans, § 105 ; Pen- sions to Russian subjects, § 106 ; of nationality, § 80. Ceylon, Importation of Ceylon and Indian teas, § 55. China, Passports, § 79 ; Legalisation of documents, § 86 ; Inheritance, § 136 ; Consular jurisdiction, § 150 ; Agreement as to status of foreigners, § 384. Choice of Candidate for Consular appointment, § 10. Civil judgments of foreign Courts, Legalisation of, § 99 ; Execution of, § 100. Claims, Priority of, against Finnish ships, § 347. Clearing vessels in at Consular Offices, §§ 198, 199, 200 ; Clearing out, §§ 202, 203. Coaling belligerent warships, § 359 Code for telegrams, § 196. Colonists, § 74. INDEX, 431 Commerce, History of Russia's commercial relations, § 41 ; Commercial conventions concluded by Russia, § 42 ; Consular supervision of commerce and shipping, § 43 ; Annual Reports on industry, com- merce and shipping, § 44 ; Russia's commercial treaties, § 197. Commercial travellers. Rules for, § 59. Commercial undertakings of Elective Consuls, § 4. Commissions and Instructions from the Government to Consular Officers, § .V'- Compensation by Enghsh law, § 297. Congo Free State, agreement as to status of foreigners, § 384. Congress, Vienna, §§ 28, 29. Consular jurisdiction in Persia, § 148 ; in Turkey, § 149 ; in China, § 150 ; in Corea, § 151 ; Consular supervision of Russian subjects in Persia, § 152 ; at New York, § 153 ; Consular assistance to Russian sub- jects, § 107 ; Consular assistance to widows and minors, § 143 ; Consular delivery to the parties concerned of summonses and other documents, § 154. See State Consular Officers, Elective Consular Officers, &c., &c. Tariff, §§ 362 to 364. Consulates, Inspection of, § 35 ; Archives, § 37 ; Book-keeping, § 38 ; Deposit of documents and valuables, § 39 ; List of State Consular Districts and Elective Consular Offices, § 40. Contesting a notarial will, § 96. Contraband of war, § 360. Conventions, Consular and Commercial, § 197 ; with France, Germany, Italy, or Spain, §§9, 12, 42 ; Belgium and Switzerland, § 12 ; Great Britain, § 24 ; Austria, Peru, the United States of North America, Japan, Switzerland and Belgium, § 25 ; Netherlands, § 26 ; Greece, § 27 ; Passports, Austria and Prussia, § 64 ; China, § 79 ; Corea, § 80 ; Legalisation of Documents, France, Germany, Italy, and Spain, § 84 ; Persia, § 85 ; China, § 86 ; Civil Judgments of foreign courts of law (Berne), § 100 ; Legal Costs, § ioi ; Property of Deceased Persons, Great Britain and the United States of North America, § 133 ; Netherlands, § 134 ; Inheritance, Switzerland, § 135 ; China, § 136 ; Turkey, § 137 ; Persia, § 138 ; Greece, § 139 ; Austria, Germany, Italy, Spain, Sweden, Norway, § 140 ; Deserters, Great Britain, § 281 ; Sweden, § 262, Austria, Belgium, Netherlands, United States, France, Spain, Germany, §§ 283 and 284 ; Italy, § 283 ; Greece, § 284 ; Turkey, § 285 ; Corea, § 286 ; Japan, § 287 ; Status of Foreigners, Austria, Belgium, Bulgaria, China, Congo Free State, Denmark, France, Germany, Great Britain, Greece, Italy, Netherlands, Persia, Peru, Portugal, Rou- mania, Servia, Spain, Sweden and Norway, Switzerland, Turkey, the United States of North America, §384; Consular Protest against infraction of Conventions, § 22. Conversion of Jews, § 193. Corea, I'assports, § 80 ; Consular Jurisdiction, § 151 ; Deserters, § 286. Correspondence of Consul, § i. Costs of legal proceedings, §101. Courts, Legalisation of civil judgments of foreign courts, § 99 ; Execution of ditto, §§ 100, ioi. Crew. See Sailors. Crew List. See Articles. Crimes and misdemeanours, on board ship. See Sailors, Captains. Crimps. See Captains, Sailors, &c. 432 INDEX. Customs, § 367, Foreign lottery tickets, §§ 367, 381 ; Passenger luggage, § 368 ; Reduction and remission of duties, § 369 ; Importation of live plants, § 370 ; of drugs and medicines, § 371 ; of goods, § 372 ; invoices on imported goods, § 373 ; Written declarations, § 374 ; BiUs of Lading, § 375, § 378 ; Verbal declarations, § 376 ; Regula- tions for in-coming ships, § 377 ; Manifests of cargo, § 379 ; Ship's declarations, § 380 ; Articles prohibited from importation, § 381 ; Articles prohibited from exportation, § 382 ; Importation of salt, § 392 ; matches, § 396 ; books and printed matter, § 397 ; gold and silver, § 398. Damage to ships. See Average. Death of destitute Russian subjects, § 141. Decease of a Consular Officer, § 16 ; of Russian subjects abroad, § 126; Sealing the effects of a deceased Russian subject, § 127 ; Wills of deceased Russian subjects, § 130 ; Inventory of deceased's effects, § 131 ; Consul's responsibility for safety of property left by deceased Russian subjects al,^■^ad, § 132 ; Embalming and transportation to Russia of bodies of deceased Russian subjects, § 141 ; Death of a sailor, § 296 ; Ibid., Finland, § 297. Declaration of imported goods, § 374 ; Ship's declaration, § 380. Dedications and presents to their Imperial Majesties, § 146. Deeds referring to real estate in Russia, § 87, § 83 ; in Poland, § 83. Denmark. Legal costs, § loi ; Extradition, § 188 ; Agreement as to status of foreigners, § 384. Departure. See Clearing, &c. Deposits of documents or valuables at Consiilates, § 39 ; of property, § 196. Deputy Consular Officers, § 9. Deserters, passports of, § 74 ; from Russian ships of war, § 272 ; from Russian merchant vessels, §§ 251, 252, 253, 273 ; Reporting to Con- sular Officer, § 274 ; Finland, § 275 ; Identity of, § 276 ; Arrest of, § 277 ; Convention with Great Britain, § 281 ; Sweden, § 282 ; Austria, Belgium, Netherlands, the United States, Spain, Germany, Italy, France, Greece, § 283 ; France, Germany, Spain, Austria, the Netherlands, Greece, the United States, Belgium, § 284 ; Turkey, § 285 ; Corea, § 286 ; Japan, § 287 ; from Finnish ships, § 288. See Captains, Sailors. Diplomas of educational establishments, § 82. Diplomatic Officers, Marriage of, § 121. Discharge of seamen. See Captains, Sailors. Disobedience on board ship. See Captains, Sailors. Disputes between Russian merchants abroad, § 147 ; For disputes between captains and their crews, see Captains, Sailors. Districts, Consular, § 40. Divorce, Dissolution'of marriages of persons of the orthodox faith, § 123 ; Divorce of Protestants, § 124 ; NuUifi cation of marriages of Roman CathoUcs, § 125. Documents, Deposited at Consulates, § 39 ; Legalisation of, § 81 ; Legal- isation of documents by Elective Consular Officers, § 82 ; By State Consular Officers, § 83 ; Consular Conventions with Germany, France, Italy and Spain regarding legalisation of documents, § 84 ; Consular Convention with Persia regarding legalisation of docu- ments, § 85 ; Consular Convention with China regarding legalisation of documents, § 86 ; Documents transmitted for legalisation by Elective to State Consular Officers, § 87 ; Ship's documents must be produced at Consulates on arrival at foreign ports, § 200. INDEX. 433 Domestic wills, § 95. Domicile, Consular, § 32. Drugs and medicines, Importation of. See Customs, Duties, Stamp dut}^ on petitions, § 103. Elective Consular Officers and State Consuls, Duties in general, § i ; Difference between, § 2, 4, 7 ; Declaration of, § 3 ; Grades and ranks of, § 3 ; Instruction of, § 6 ; Secretaries, § 8 ; Deputies, § 9 ; Appointment of, § 10 ; Ibid., in Germany, France, Italy and Spain, § 12 ; Exequatur, § 11 ; Leave of absence, § 13 ; Retirement of, § 14 ; Protocol on retirement of, § 15 ; Death of, § 16 ; Rights and privileges of , § 17 ; Ibid., in France, Germany, Italy and Spain, § 18 ; Ibid., in the Netherlands, § 26 ; In Greece, § 27 ; Rank and pre- cedence, § 28 ; Ibid., British " General Instructions," § 29 ; "Doyen," §30; Rights and privileges, "'most-favoured nation clause," § 31 ; and local authorities, § 34 ; Inspection of Consulates, § 35 ; Commissions from the Government, § 36 ; Archives, § 37 ; Book-keeping, § 38 ; List of the State Consular districts and Elective Consular Ofhces, § 40 ; Legahsation documents by, §§ 81, 82, 83 ; Transmitting documents for legahsation by State Consular Officers, § 87 ; Jurisdiction of Consular Officers in Persia, § 148 ; in Turkey, § 149 ; in China, § 150 ; in Corea, § 131 ; Supervision of Russian subjects in Persia, § 152 ; at New York, § 133 ; Fees collected by, §§ 3^4. 3^\5. 366. See Consular Jurisdiction, Consular Tariff, State Consular Officers, &c., &c. Embalming and transportation of bodies to Russia, § 141. Emigrants, Passports to emigrants of foreign nationality, § 77, § 74. Epidemics, Reports on epidemics, § 4G. Epizootics to be reported to Finland, § 47. Escutcheon and Hag, Consular, § 21. Exchange, Protest of bills of exchange, § 104. Exemption of Russian State Consuls from arrest, § 19. Execution of civil judgment of foreign courts, § 100. Exequatur, § 11. Exhibition Diplomas, § 82. Exportation prohibited, § 3 82. Expulsion of aliens, § 165 ; Russia, § 166 ; Great Britain, § 167 : Canada, § 168 ; Natal, Cape Colony, Australia, New Zealand, New South Wales, Victoria, West and South AustraUa, § 169 ; United States, Germany, Prussia, § 171 ; Bavaria, § 172 ; Baden, § 173 ; Ham- burg, §174; Alsace and Lorraine, §175; Wurtemburg, §176; Switzerland, § 177; France, § 178; Austria, § iju; Italv, § 180. Exterritoriality, of Consular archives, § 20 ; of Consular Officers, § 33 ; of warships, § 338. Extradition, § 187 ; treaties with Austria, Bavaria, Belgium, Great Britain, Hesse-Darmstadt, Denmark, Italy, Monaco, Netherlands, Portugal, Germany, Switzerland, § 188. Fees, Consular, See Consular Tariff, Filing of letters, § 38. 434 INDEX. Finland, Sanitary protection of Finnish ports, § 50 ; Legal capacity of natives of Finland, § 91 ; Marriage laws, §§ 114, 117 ; Naturalisa- ' tion laws, § 190 ; Captains' duties, § 205 ; Sailors' duties, § 207 ; Signing articles, § 212 ; Contents of crew lists, § 214 ; Conditions of agreements between captains and crews, § 221 ; Discharge of sea- men, § 227 ; Retirement of captain, § 229 ; Sailors' wages, § 235 ; Marriage of sailors, § 228 ; Disobedience, mutiny, or violence on Finnish ships, § 237 ; Crimes on board Finnish ships, § 256 ; Case of the " Alkukvi," § 269 ; Disputes on board Finnish ships, § 270 ; Deserters from Finnish ships, §§ 275, 288 ; Removal or dismissal of captain, §§ 291, 301 ; Invalid and crippled sailors, § 294 ; Death of sailors, § 297 ; Repatriation of prisoners of war and shipwrecked sailors, § 304, 305 ; Documents relating to sale of ships abroad, § 318 ; Sale of ships abroad, § 321 ; Bottomry, § 324 ; Shipwreck, §§237- 346; Average, §§328, 338 ; Jettison, §333; Priority of claims against Finnish ships, § 347. Firearms, § 383. Flag and Escutcheon, Consular, § 21. Flag to be hoisted, § 17. Flag Russian and Flag Patent. See Purchase and Sale of Russian Ships abroad. Foreigners, Passports issued bv Russian authorities, § 56 ; Legal position of foreigners, §§ 383, 384 ; Industrial and commercial position, § 3S5 ; Right to acquire property, § 386 ; Company rights, § 387 ; Members of guilds and corporations. Honorary Citizenship, § 388 ; ]Manufacturing rights (Metallurgy, &c.), § 389 ; Mining, § 390 ; Mineral oil, § 391 ; Salt, § 392 ; Alcoholic beverages, § 393 ; Tobacco § 394 ; Sugar, § 395 ; ]Matches, § 396 ; Books and printed matter,^ § 397 ; Gold and silver, § 398 ; Aliens : Immigration and Expulsion, § 165 ; Russia, § 166 ; Great Britain, §§ 167, 399 ; Canada, § 168 ; Natal, Cape Colony, Australia, New Zealand, New South Wales, Victoria, West and South Australia, § 169 ; United States, § 170 ; Germany, Prussia, § 171 ; Bavaria, § 172 ; Baden, § 173 ; Ham- bin-g, §174; Alsace and Lorraine, §175; Wurtemberg, §176; Switzerland, § 771 ; France, § 178 ; Austria, § 179 ; Italy, § 180. France, Consular Convention, §§9, 12 ; Rights and privileges of Consular Officers, § 18 ; Legalisation of document, § 84 ; Execution of civil' judgments of foreign courts, § 100 ; Legal costs, § loi ; Immigra- tion and expulsion of aliens, § 178 ; Crimes and misdemeanours on board ship, § 261 ; Deserters (Convention), §§ 283, 284 ; Bottomry, § 323 ; Shipwreck, § 345 ; Agreement as to status of foreigners, § 384,, Frontier. Special passport facilities for persons residing near the Ger- man-Russian frontier, § 65. Fugitives, Passports of, § 75. Gambling on board ship, § 254. Germany, Consular Convention, §§9, 12 ; Rights and privileges of Con- sular Officers, § 18 ; Special passport facilities for persons residing near the German-Russian frontier, § 65 ; Legalisation of documents, § 84 ; Execution of civil judgments of foreign courts, § 100 ; Legal costs, § loi ; Civil marriages, § 120 ; Immigration and expulsion of aliens, § 171 ; Extradition, § 188 ; Readmission of Russian sub- jects into Russia, § 181 ; Deserters, §§ 283, 284 ; Bottomry, § 323 ; Shipwreck, § 345. Government property. Commissions to Consular Officers, § 36 ; Jettison: of, § 331. INDEX. 435 Great Britain, Consular rights and privileges, § 24 ; Consular rank and precedence, § 29 ; Property of deceased Russian subjects, § 133 ; Lunacy Act, § 145 ; Immigration and expulsion of aliens, § 167; Extradition, § 188 ; Naturalisation, § 192 ; Crimes and misde- meanours on board ship, §§ 262, 266 ; Case of the " Anna," § 263 ; Case of " Michael," § 268 ; Crimps, Merchant Seamen Payment Act, § 279 ; Deserters, Convention, § 281 ; Shipwreck, § 343 ; Agreement as to status of foreigners, § 384. Greece, Consular rights and privileges, § 27; Inheritance, § 139; Deserters (Convention), § 283 ; Shipwreck, § 341. Hamburg, Immigration and expulsion of aliens, § 174. Heir, see Succession. Hesse-Darmstadt, Extradition, § 188. Hungary, Execution of civil Judgments of foreign courts, § 100. Immigration and expulsion of aliens. See Expulsion of Aliens. Importation of goods direct, § 53 ; Indirect, § 34 ; of Ceylon and Indian teas, § 55 ; Customs regulations, §§ 367 to 382. Indian. Importation of Ceylon and Indian teas, § 55. Industry. Annual Reports on Industry, Commerce and Shipping, § 44. Information. Consular information to Russian subjects, § 108. Inheritance tax, §§ 129, 142. Inspection of Russian ships by foreign authorities, § 23 ; of Consulates, §35- Insubordination (Sailors), § 249. Italy. Consular convention, §§9, 12 ; Rights and privileges of Consular Officers, § 18 ; Legalisation of documents, § 84 ; Execution of civil judgments of foreign court, § 100 ; Legal costs, § loi ; Immigration and expulsion of aliens, § 180 ; Extradition, § 188 ; Deserters, § 283 ; Bottomry, § 323 ; Sliipwreck, §§ 344, 345 ; Agreement as to status of foreigners, § 384. Japan. Rights and privileges of Consular Officers, § 25 ; Deserters, § 287. Jettison, § 330 ; of Government property, § 331 ; Captain's report, § 332 ; from Finnish ships, § 333. Jews, passports, § 58 ; Conversion to Christianity, § 193. Jurisdiction, Consular, in Persia, § 148 ; in Turke}', § 149 ; in China, § 150 ; in Corea, § 151. Karaim Jews, § 59. Kenso, Quarantine station, § 49. Kertch, Quarantine district, § 48. " Krepost " deeds, § 94. Leave of Absence, State and Elective Consular Officers, § 13. Legal Capacity of Russian subjects, § 88 ; in the Baltic provinces, § 89 ; in Poland, § 90 ; in Finland, § 91 ; in Bessarabia, § 92. Legal costs, §101. Legalisation of documents, § Si ; by Elective Consular Officers, § Sz ; by State Consular Officers, § 83 ; Consular Conventions with France, Germany, Italy, and Spain § 84 ; Consular Conventions with Persia, § 85 ; Consular Convention with China, § 86 ; Docu- ments transmitted for the purpose by Elective to State Consular Officers, § 87 ; Legalisation of civil judgments of foreign courts, § 99. Limitations upon testamentary bequests, § 98. Loans. Certificates of Russian State Loans, § 105. Loans on ships, § 313. Local authorities and Consular Officers, § 34. Log-book, § 246, § 200. Lottery tickets, foreign. See Customs. Lunacy Act of Great Britain, § 145. 436 INDEX. lunatics. Protection of Lunatic Russian subjects, § 144. Xuxemburg, execution of civil judgments of foreign courts, § 100 ; legal costs, § lOI. Malingering. See Sailors, Captains, &c. Manifests of cargoes, see Customs. Marriage, §§ no, in ; Russian Civil Law, § 112 ; Mixed Marriages, § 113 ; Poland, § 115 ; Finland, §§ 114, 117 ; observance of local law, § 118 ; Marriages at Russian Embassy Churches, §§113, 119 ; Civil marriage in Germany, § 120 ; Marriage of Russian diplomatic officers, § 121 ; Property of married people, § 122 ; Dissolution of the marriage of parties of the orthodox faith, § 123 ; Divorce of Protestants, § 124 ; Nullification of Marriages of Roman Catholics, § 125 ; Marriage of sailors, Finland, § 228. Master, see Captain. Mate, Chief. Neglect of duties, § 245 ; Neglect of log-book, § 246. Medals for foreigners, § 40. Medicines, importation of, see Customs. Merchants. Disputes between Russian merchants abroad, § 147. Military Service, Summonses relating to, § 155 ; Army imiforms abroad, § 156 ; Compulsoiy military service, § 157 ; of sons of diplomatic officers or priests, § 158 ; of sons of Russian officials who reside abroad, § 159 ; of Russians who have completed courses of study abroad, § 160 ; Enlistment, § 161 ; Conscription areas, § 162 ; Sailors not summoned for enlistment in the land forces, § 163 ; Sickness, § 164. Ministers of rehgion, foreign, visa of passports, § 60. Monaco, Extradition, § 188. Money, Deposits of, at Consulates, § 39 ; Remittances to Russia, § 195 ; Postal Orders, § 196. Mortgage of newly purchased ship, § 313. Muster-roll, see Articles. Mutiny on board ship. See Sailors, Captains. Natal, Immigration and expulsion of aliens, § 169. Nationality, Russian, Indelible character of, § 184. Subditi temporarii, § 186 ; See also Naturalisation. Naturalisation, Russia, § 169 ; Finland, § 190 ; Relinquishment of Russian nationality, § igi ; Naturalisation, Great Britain, § 192 ; See also Nationality. Netherlands. Consular rights and privileges, § 26 ; Execution of civil judgments of foreign courts, § 100 ; Legal costs, § loi ; Property of deceased persons, § 134 ; Extradition, § 188 ; Deserters (Conven- tion), §§ 283, 284 ; Agreement as to status of foreigners, § 384. New South Wales, Immigration and expulsion of aliens, § 169. New York. Consular supervision of Russian subjects, § 153. New Zealand, Immigration and expulsion of aliens, § 1O9. Notarial deeds (wills), §§ 94, 96. Notification of Consular Officers of proposed visit of inspection ta Russian ships, § 23. Odessa, Quarantine district, § 48. Office hours, § 38. Orders for foreigners, § 40. Origin, Certificates of origin of goods, §§52, 56. Passenger luggage. See Customs. INDEX. 437 Passports issued by Russian authorities to foreigners, § 56 ; Forms, § 79 ; Visa of passports, § 57 ; Visa of passports, Jews, § 58 ; of foreign ministers of religion, § 60 ; of priests of the Greek Uniate Church, § 61 ; Refusal of visa, § 62 ; Visa unnecessary for raftsmen, § 63 ; Treaties as to passports with Austria and Prussia, § 64 ; Special facilities for residents near the German-Russian frontier, § 65 ; Passports of foreigners in Russia, § 66 ; Visa of Russian passports, § 67 ; Passports issued to Russian subjects, § 68 ; Passports issued by Consuls, § 69 ; Duration of validity of passports, § 7c ; Pass- ports of Russian subjects in Turkey, § 71 ; Exemption from pass- port dues, § 72 ; Sailors' passports, §§ 73, 210 ; Passports of deserters, § 74 ; Passports of fugitives and stowaways, § 75 ; Pass- ports of families of Russian subjects abroad, § 76 ; Passports of emigrants of foreign nationaUty, § 77 ; Passports of foreigners returning to Russia, § 78 ; Agreement as to passports with China, § 79 ; Agreement as to passports with Corea, § 80 ; Plural passports of foreigners in Russia, § 78. Pauperis. Certificates to plead in forma pauperis, § 102. Pensions, Certificates for pensions of Russian subjects, § 106. Pensions referring to military and naval service, § 87, § 165. Persia, Legalisation of documents, § 85 ; Inheritance, § 128 ; Consular jurisdiction, § 148 ; Consular supervision of Russian subjects, § 152 ; Agreement as to status of foreigners, § 384. Peru, Consular rights and privileges, § 25 ; Shipwreck, § 344 ; Agreement as to status of foreigners, § 384. Petitions, Stamp duties on, § 103. Photograph and signature on passports, § 80, Pilotage of warships. See Warships. Plants, importation of. See Customs. Poland, Legal capacity of Russian subjects, § 90 ; ^Marriage laws, § 115. Portugal, Legal costs, § loi ; Extradition, § 188 ; Agreement as to status- of foreigners, § 384. Postal Regulations as to money remittances to Russia, &c., § 195. Precedence and rank. Consular, § 28 ; British General Instructions, § 29. Presence of Consul at office obligatory, § i . Presents and dedications to Their Imperial ^Majesties, § 146. Priests and ministers of rehgion, foreign. Visa of passports, § 60 ; Visa of passports of priests of the Greek Uniate Church, § 6i. Priority of claims against Finnish ships, § 347. Prisoners of War, Repatriation of, §§ 302, 304, 305. Privileges, Rights and, of Consular Officers, §17; in France, Germany, Italy and Spain, § 18 ; in Great Britain, § 24 ; in Austria, Peru, U.S.A., Japan, Switzerland, Belgium, § 25 ; in the Netherlands, § 26 ; in Greece, § 27 ; " Most-favoured nation " clause, § 31. Privileges of foreign diplomatists in Russia, § 21. Prizes and prize courts, § 359. Probate of wills, §§ 98, 130. Property, Property of married persons, § 122 ; Inventory of effects ot deceased Russian subjects, § 131 ; Consul's responsibility for safety of property left by deceased Russian subjects abroad, § 132 ; Treaties as to property of deceased Russian subjects with Great Britain and the United States of North America, § 133 ; The Nether- lands, § 134 ; Switzerland, § 133 ; China, § 136 ; Turkey, § 137 ; Persia, § 138 ; Greece, § 139 ; Austria, § 140 ; Property of invahd or crippled seamen, § 295 ; Jettison of Government property, § 331. 438 INDEX, Protection of lunatic Russian subjects, § 144. Protest, Consular, against infraction of treaties, § 22 ; Protest of bills of exchange, § 104 ; Noting and extending, &c., a sea-protest, § 335. "Protocol" on retirement of Consular Officer, §15; Consular "pro- tocol " in case of damage to ship or cargo, § 329. Prussia, Passport treaty, § 64 ; Immigration and expulsion of aliens, § 171. Publications by Consuls, § i. Punishment for insulting Consuls, § i . Purchase and Sale of Vessels Abroad, Legalisation of bills of sale, § 306 ; Title to fly the Russian flag, § 307 ; Provisional flag patents, § 308 ; Model of provisional flag patent, § 309 ; Receipt for pro- visional flag patent, § 310 ; Extension of provisional flag patent, § 311 ; Flag patents only issued by State Consuls, § 312 ; Mort- gages of newly purchased ships, § 313 ; Registration of ships in Russia, § 314 ; Duties on newly purchased ships, § 315 ; Sale of Russian ships abroad, § 316 ; Repatriation of crews, § 317 ; Case of the " Lilija," § 319 ; Documents (Finland), § 318 ; Sale of Russian ships abroad to Russian subjects, § 320 ; Finnish ships, §321. Quarantine, § 47 ; Quarantine districts of Odessa, Kertch, and Theodosia, § 48 ; Quarantine station at Kenso, § 49. Raftsmen, No visa of passport required, § 63. Rank and precedence. Consular, § 28 ; British " General Instructions," § 29. Rations, Sailors', § 271. Readmission of Russian subjects into Russia, Agreement with Germany, § 181 ; with Austria-Hungary, § 182 ; with Sweden and Norway, §183. Registration of Russian ships. See Purchase and Sale. Remittances to Russia. See Money. Repatriation, Prisoners of war and shipwrecked seamen, §§ 302, 305, 196 ; Ibid., Finland, § 304 ; Crews of Russian ships sold abroad, § 317. Reports, Annual Report on Industry, Commerce, and Shipping, § 44 ; Special Report on various matters, § 45 ; Report on Epidemics, § 46 ; Reports on Consular activity, § 46. Retirement of State or Elective Consular Officers, § 14. Revocation of documents, § 87. Rights and privileges of Consular Officers, § 17 ; in France, Germany, Italy, and Spain, § 18 ; in Great Britain, § 24 ; in Peru, U.S.A., Japan, Austria, Switzerland, Belgium, § 25 ; in the Netherlands, § 26 ; in Greece, § 27 ; " Most-favoured nation " clause, § 31. Roubles, Parity of Russian roubles and foreign currencies, § 362. Roumania, Convention as to legal costs, § loi ; Agreement as to status of foreigners, § 384. Russian eagle, § i. Sailing. See Clearing, &c. Sailors, Ships of War : Deserters from, § 272 ; Deserters report them- selves to Consular Officers, § 274 ; Sick sailors, § 353. INDEX. 439 ;Sailors, Merchant Vessels : Articles binding on all parties until return of ship to Russia, § 208 ; Mustering at Consulates, § 209 ; Signing articles in Finland, §212; Crew-list (muster-roll), §§213, 216; Finland, § 214 ; Conditions of contract on voyages of indefinite duration, § 215 ; Liberation from fulfilment of contract, § 219 ; Position of crew in case of sickness of master, § 220 ; Conditions of agreement between master and crew, § 221 ; Form of crew-list, § 222 ; Written contracts obligatory, § 240 ; Duties of sailors, § 206 ; Finland, § 207 ; Baling the ship, § 247 ; Endangering the safety of the ship, § 248 ; ^MaUngering, § 250 ; Absence without leave, § 251 ; Use of ship's boats prohibited, § 253 ; GambUng, § 254 ; Insurbordination, Violenxe, or Mutiny on board ship, J§ 236, 249 ; Finland, § 237 ; Disagreements with Captains, §§ 238, 257 to 262, 264 to 268 ; Finland, §§ 269, 270 ; Disorders on the " Yaroslav," § 258 ; on the " Anna," § 263 ; Crimes and Misde- meanours on board ship, § 255 ; Finland, § 256 ; Desertion, §§ 252, 273 ; Finland, §§ 275, 288 ; Deserters report themselves to Consular Officers, § 274 ; Identity of deserters, § 276 ; Arrest of deserters, §277; Captain inciting seamen to desert, §239; Con- ventions re desertion with, Great Britain, § 281 ; Sweden, § 282 ; Austria, Belgium, Netherlands, United States of Xorth America, France, Spain, Germany, Italy, Greece, §§ 283, 284 ; Turkey, § 285 ; Corea, § 286 ; Japan, § 287 ; Crimps, §§ 278, 279, 280 ; Discharge • of sailors, §§ 224, 225 ; Finland, § 227 ; Certificates of discharge -obligatory, § 241 ; Unlawful discharge and neglect to repatriate seamen, § 242 ; Refusal to discharge or grant certificates, § 244 ; Abandonment of sailor in foreign port, § 226 ; Sale of ship abroad and repatriation of crew, § 317 ; Case of s.s. " Lilija," § 319 ; Ship- wreck, repatriation of crews, §§ 302, 305 ; Finland, § 304 ; assist- ance to shipwrecked sailors, § 339 ; Consular assistance, § 326 ; Finland, § 346 ; Agreements re shipwreck with Austria, § 340 ; Greece, § 341 ; Belgium, § 342 ; Great Britain, § 343 ; Italy and Peru, § 344 ; France, Germany, Italy and Spain, § 345 ; Indigent •sailors, § 303 ; Finland, § 304 ; Sickness and injuries on board ship, §§ 292, 293 ; Finland, § 294 ; Property of sick or injured sailors, § 295 ; Death of sailors, § 296 ; Finland, § 297 ; Wages -of sailors, § 231 et seq. ; Wage-books, § 217 ; Advances of wages, § 218 ; Final settlement with crew, § 230 ; Deferred pa^-ment of wages, § 231 ; in case of loss of ship, § 233 ; in case of incapacity of sailor, § 234 ; Wages, Finland, § 235 ; Rations, § 271 ; Pass- ports, §§ 73, 210 ; Military service, § 163 ; Foreign sailors on Russian ship, §211; Marriage of sailors, Finland, §228; Property left in Great Britain, § 133. 'Sale of Russian vessels. See Purchase and Sale. Sanitary, § 46 et seq. ; Sanitary protection of Baltic and Finnish ports, §50- Seal of Consul, § 38 ; Seal, § 7. Servia, Agreement as to status of foreigners, § 384. Shipping, Consular supervision of commerce and shipping, § 43 ; Annual reports on industry, commerce, and shipping, § 44. Ships, Merchant, Arrival at foreign ports, § 198 ; Report to Consulate, § 199 ; Ship's papers — clearing in, § 200 ; Local regulations, § 201 ; SaiUng from foreign ports, § 202 ; Certificate of inward and out- ward clearance, § 202 ; Clearing out, § 203 ; Purchase and sale of Russian vessels abroad, §§ 306 to 321. 440 INDEX. Shipwreck, and Consular assistance, §326; Ibid., Finnish ships, §327; Assistance to crew, § 339 ; Austria, § 340 ; Greece, § 341 ; Belgium, § 342 ; Great Britain, § 343 ; Italy and Peru, § 344 ; France, Ger- many, Italy, and Spain, § 345 ; Finnish ships, § 346 ; Sailors' wages not recoverable, § 233 ; Repatriation of shipwrecked sailors, §§ 302 to 30 as- signing of Power of Attorney in presence of State Consul, § 87. Somerset House, § 126. Spain, Consular Conventions, §§9, 12 . Rights and privileges of Consular. Officers, § 18 ; Legalisation of documents, § 84 ; Legal costs, § loi ; Deserters, §§ 283, 284 ; Bottomry, § 323 ; Shipwreck, § 345 ; Agree- ment as to status of foreigners, § 384. Stamp duties on petitions, § 103. State Consular Officers, Duties in general, § i ; Difference between State and Elective Officers, § 2 ; State Consuls and private com- mercial transactions, § 4 ; Grades and r'anks of State Officers, § 5 ; Degree of responsibility, § 7 ; Vice-Consuls and secretaries, § 8 ; Appointment of State Officers, § 10 ; Exequatur, § 11 ; Leave of absence, § 13 ; Retirement, § 14 ; " Protocol " on retirement, § 15 ; Death, § 16 ; Rights and privileges, § 17 ; France, Germany, Italy, and Spain, § iS ; Great Britain, § 24 ; the Netherlands, § 26 ; Greece, § 27 ; the " most- favoured nation " clause, § 31 ; Exemp- tion from arrest, § 19 ; Rank and precedence, § 28 ; British " General Instructions," § 29 ; " Doyen," § 30 ; Legal domicile, § 32 ; Exterritoriality, § 33 ; State Consular Officers and local authorities, § 34 ; Inspection of Consulates, § 35 ; Commissions and instructions from the Russian Government, § 36 ; Archives, § 37; Book-keeping, § 38 ; State Consular Districts, § 40 ; Passports issued, § 69 ; Legalisation of documents, § 83 ; Legalisation of documents transmitted for the purpose by Elective Oflicers, § 87 ; Consular fees, §§ 362 to 366. Stowaways, passports of, § 75. Succession duty, § 98. Succession, § 128 ; Inheritance tax, §§ 129, 142 ; Wills of deceased Rus- sians, § 130 ; Inventory of effects, § 131 ; Consul's responsibility for property left by deceased Russians abroad, § 132 ; Treaties with Great Britain and the United States, § 133 ; with the Netherlands, § 134 ; with Switzerland, § 135 ; with China, § 136 ; with Turkey, § 137 ; with Persia, § 138 ; with Greece, § 139 ; with Austria, Ger- many, Italy, Spain, Sweden, Norway, § 140 ; Consular assistance to widows and minors, § 143. Summonses and other documents delivered to persons by Consular officers, § 154 ; Relating to military service, § 155. Supercargo, § 223. Sweden and Norway, legal costs, § 201 ; Re-admission of Russian subjects into Russia, § 183 ; Deserters, § 282 ; Agreement as to status of foreigners, § 384. Switzerland, Treaties of Commerce, §§12, 27 ; Execution of civil judg- ments of foreign courts, § 100 ; Costs of legal actions, § loi ; Inheritance, §135; Immigration and expulsion of aliens, §178; Extradition, § 183 ; Agreement as to status of foreigners, § 384. Tariff, Consular, §§ 363 to 366. INDEX. • 441 Tax, Inheritance, §§ 129, 142. Teas, Importation of Ceylon and Indian teas, § 55. Theodosia, Quarantine district of, § 48. Transference of property in Russia, § 386. Transmission of summonses and other documents by Consul, § 154. Transportation of bodies to Russia, Embalming and, § 141. Travellers, Commercial, § 59. Treaties, see Conventions. Turkey, Exterritoriality of Consular Officers, § 33 ; Passports of Russian subjects, § 71 ; Inheritance, § 137 ; Consular jurisdiction, § 149 - Deserters, § 285 ; status of foreigners, § 384. Uniform, § 40. United States of America, Consular privileges, § 25 ; Property of deceased persons, § 133 ; Crimps, § 280 ; Deserters, §§ 283, 284 ; Status of foreigners, § 384. Valuables deposited at Russian Consulates, § 39. Victoria, Immigration and expulsion of aliens, § 169. Violence on board ships, see Sailors, Captains. Visa of passports, § 57 ; of Jews, § 58 ; Foreign ministers of religion, § 60 ; of priests of the Greek Uniate Church, § 61 ; Refusal of visa,' § 62 ; Visa not necessary for raftsmen, § 63 ; Visa not necessary for person residing near the German-Russian frontier, § 65 ; Visa of passports of Russian subjects, § 67. Warships, Desertion from, § 272 ; Arrival, § 348 ; Pilotage, § 349 ; Fresh water, § 350 ; Consular assistance to officers, § 351 ; Purchases and accounts, § 352 ; Invahds, § 353 ; Dismissal of men, § 354 ; Death of men, § 355 ; Articles left behind, § 356 ; Protection of Russian subjects, § 357 ; Exterritoriahty, § 358 {see case of " Anna," § 263) ; Coaling m time of war, § 359 ; Contraband of war, § 360 ; Prizes and Prize Courts, § 361. White Slavery, § 196. Wills, Deposits of wills at Russian Consulates, § 39 ; Executed in accord- ance with local law, § 93 ; Wills in the form of " krepost " (notarial) deeds, § 94 ; Domestic wills, § 95 ; Russian notarial wiUs § 96 • Alterations of wills. § 97 ; Probate, § 98 ; of deceased Russian, subjects, § 130. Wills referring to real estate, § 93. Wurtemberg, Immigration and expulsion of aliens, § 176, Yavka, § 83. 442 Extracts from some Criticisms on the First Edition. Scotsman, 29th September 1904. "... The book is all that it claims to be, and it is the author's hope that it will do something to promote the growth of friendly commercial relations between this country and Russia. . . ." The Western Morning News, Plymouth. "... Englishmen . . . will do well to avail themselves of Baron A. Heyking's expert counsel and assistance. All the details . . . are dealt with in this eminently practical manual, which should do much to facilitate business relations between Russia and the United Kingdom. . . ." Glasgow Herald, 4th October 1904. "... The book is carefully written, the various points are stated with precision, and in short, the work is one which every Russian Consular Officer should have at his hand. ..." The Yorkshire Observer, Bradford, 29th September 1904. "... The book is primarily intended for sub-consuls within the Baron's jurisdiction, but it shoidd certainly find a niche in the shelves of all chambers of commerce, and it will not be out of place in the office of any British firm which is thinking of breaking new ground. . . ." Manchester Guardian, 3rd September 1904. "... Such treatises have hitherto been written in French, when not in Russian, but it is now admitted that no language is so suitable as English for a treatise on the Consular Service, the selection of English being avowedly a tribute to the increasing use and growing importance of that language for international intercourse, and specially for international business relations and shipping. . . . We may cordially add that it may be studied with advantage by merchants in general, and by officers of the British Consular Service in particular. It describes Consular duties exhaustively. . . . The matter is well classified and adequately indexed. The Chamber of Commerce Journal, October 1904. "... The above will serve a most useful purpose in remedying the lack on the part of English people of knowledge of Russia, and of the conditions under which foreigners can trade there and establish com- mercial relations between the two countries. . . ." Letter from The Daily Chronicle, Newcastle, 23rd September 1904. "... He (Baron Heyking) is to be heartily congratulated upon it, as it will prove of immense value and accuracy to all who already have, or intend in the future, to undertake commercial dealings with Russia. . . . I venture to suggest that any British ship's master, student of Inter- national law, merchant or traveller, who may ever find himself in any doubt or difficulty on any commercial or customs questions, need only consult this book, and he will be saved a great deal of unnecessary trouble and expense. ..." EXTRACTS FROM SOME CRITICISMS, &c. 443 Francis Rey, Charge de Conferences a la Faculte de droit de Paris. " . . . Le baron Hey king a deja attire I'attention du monde savant par une remarquable etude sur" I'Exterritorialite." . . . Le nouvelouvrage du baron Heyking a un caractere plus pratique : . . . aussi, . . . a-t-il ete bien inspire en publiant son manual en Anglais. . . . Ce qui nous parait surtout important a signaler, c'est I'abondance des documents reunis dans I'ouvrage du baron Heyking. . , . Ajoutons qu'il a emprunte, soit a son experience personnelle, soit a la pratique Internationale des •exemples nombreux. . . . Ce livre se recommande encore par le plan methodique suivant lequel il a ete con9u et par la clarte de son exposition. Par ces qualites, jointes aux precieux renseignements qu'il contient, il merite de prendre place a cote des manuels consulaires les plus estimes -des autre pays, et nous pensons qu'il sera accueilli avec la meme faveur que le precedent ouvrage du meme auteur." Jour*)ial de droit International prive. No. I. -II., 1907. "... Sous une forme concise et precise, toujours admirablement claire et avec tous les renvois necessaires pour rendre possible une etude plus approfondie, il donne sur la situation des Russes, a I'etranger et des etrangers en Russie, la legislation, la police, les regies speciales a la marine, au commerce et a I'industrie, des apergus aussi pratique que complets, qui en font un vade-mecum indispensable pour quiconque se preoccupe de •droit international ou simplement est appele par ses affaires a traiter avec des ressortissant au grand empire de I'Orient." 444 BY THE SAME AUTHOR. I) L' extern torialite des souverains, ministres, publics, consuls en Orient, vaisseaux de guerre 2 ed. Zinserling & Co., Petrograd. SOME PRESS OPINIONS. " Voila une excellente monographie faite avec beaucoup de soin et d'erudition et surtout beaucoup de sens pratique et dont la valeur reelle beaucoup plus encore que I'actualite doivent assurer le succes."— Feraud- GiRAUD, dans La France Judiciaire, Fevrier, i88g. ..." Notre but a ete de montrer jusqu'a quel point le beau sujet entrepris par I'auteur a ete envisage par lui d'une maniere complete et consciencieuse. . . . CEuvre ecrite avec autant de soin et de sens pratique que d'erudition." — Louis-Lucas, dans La Revue Generale du droit, de la legislation ct de la jurisprudence, Janvier, 1890. 2) Aiir.iia, ea rocy;i,apcTBeHHBiH, oGmecTBeHHEirr h SKOHOMHiecitiu CTpoH. neTporpa,';!, 1909 r., 688 cxp., 3 py6jia, CKJiaA'B y HHH3epjinHra n Eo., HeBciuu iipocn. 0T3LIBr.I nE^IATlI KHHrB „Alir.llJL-' „ TTpe;i,.iiaraeMaH KHiiHiKa MOHjeTt (\uih nasBaiia Bt cymHOcni 9hii,iik.io- ne^iieu Anoiii, 'raiiB KaK-B H'iiTT,, KaaieTCfl, Boupoca npe.T.cxaBJWiomaro CKO.iLKO Hn6yji;i. sairbTiiuft uHxepecT. ji,.ifl iiacB pyccKiixi., Koroparo 6h TaKi> iLiii iiiiaqe ne 3aTponyji7> aBTopii. Oht, ;i,aeT'L HaM'b iiojinyio h HenpiiKpauieHHYio KapTiiny coBpeMeHHoil AHoiii bo Bct.xt iipoaBJieuiiixi> ea KiiSHu. BsiicTi ci. Tf.Mi Besji.'fe iipiiBo;i,aTCH napajjiejii cl Pocciefi . . . Haniicana KHiira iEiiBLiMt 11 jierKiun> iiauKOM'b, yio ;i,aeTt Bo:iMOHtHOCTi> iipe;i,CKa3aTi> eft pacnpocxpaHBHie cpeji;ii caMHxt miipoKiixX) KpyroBt pyccKoR ^iiixaioineR nydjiiiKii, Koxopaji Haft.T.exx. bi. KHiiHcidi 6ojibiuoii[ Maiepiajix. a-m pasMHuijeHiu 11 bmboaobx, no bcIjm'b BaiKHiftiuiiMx. BOiipo- caM'B xeKymeu ;kii3iiii." MypnaAi „ Mope.'-'' „ 9x0 Bi. nojuioMt CMMCJiI; cjOBa KJiacciniecKoe npoii3Beji,enie, oienb pasHOcxopoHHee, Kpaune yBJiSKaxejibHO naniicaHHoe, nojiHO JiixKiixx. na6jiiO;T,eiiiR 11 iinxepecniJX'B (jjaKXiniecKiixt ji:aiiHHX'i.. ilcno MyBcxBvexcH, MTO Haniicaxb xaicoe npoii3Be;i,eHie mot'l iicKJiiounxejiLHHR HejOB'iKT., ne TOJibKO AO-iro caM-b npoJKiiBinift na ianHcxBeiiHHXT> ocxpoBaxx, Coe^iiHeH- naro ItopojeBCXBa, no n Bce speMii naiipiiiKeiiHO cjiiAiiBuiift 3a jKiisubio cxpaH'b 11 BiniKaBiiiiri B'b nciixojioriio ea oOiiiaxejieft . . . Kmira Bap. reftKiiura, no nauieiiy rjiy6oKOMy y6'l5ffi;i,eHiH), aBJiaexca ;tparou,'ljHH£iMx. BiuaAOM'b B'b pyccKyw Jinxepaxypy ofi'b Anrjiin, HacxcibHon Kunroft ^.la BcixT. uuTepecyK)u;uxca y uacx> BeJinKo6pnxanien." C. IlemepOypicnin BndoMocmu crm 21-10 Aerycma 1909 ?., No. 101. „ Bt. Konnf. nponijiaro ro^a BLim.ia b'b CBhx'b Kpanne nnxcpccnaa no CBoesiy coAepjKaniK) KHnra poccincKaro reHepa.iibHaTO Koncyjia B'b JJonjiOH-fe Bap. A. reftKnura . . . Abxopt> ea, npnBo;;a MHOHiecxBO n'fcunbix'i. 445 cp-fvTt'niR II ji;aniinx'i> c;i,Ba.iii ne no Bci.MT. oTpacjHMi) aiii3iiii aiimiucKaro i'ocy;i,apcTBa, iiocto;ihho lurhji'h npii btomi, bi> Bii;i;y cbok) po;i,iiiiy ii 6;iaro;i,apfl 3T0My ycniji'B jitivu no;i,6op'L ii ri)yiiiiiipoBKy liixi. luieimo (•Bl;,:i,'Iiiiiri II ;T,ainiRX'b, KOTopua Co.ite Bccro moryri, iiiiTepccoBaTi. pycciiaro MirraiMii. 06ii.iie (|)aKTiPiecKaro 3iaTepia.ia — r.iaBiioe ;i,octoiiiictbo kiiiiiii. Oco- 6eHno y;i,a'inLiMii bi. 3tojii OTHomcHiii iiB.i;iK)'rc>i iviaBU o ;i,0Maiiiiieri ii oCinecTBeHHofl ;kii3hii AhoIii, ea rocyji.apcxBeHHOM'L cxpoi, 061. orxbJB- iiiJXT> Bii;(,ax'i. ea ;io6iJBai<)iii,er[ 11 oCpadaxeBaioineri npoMMiiMennocTii o 3CMjeA'l>Jiii, o pa5o'iCM'i> 11 iiepecejeii'iecKOM'i. Boiipocax'h, ToproBoil iio.inTiiKi 11 T. ji,. . . . Kairi, o6iii,ee ociioBaiiiii kx. iisyieiiiio Anr.iiii, KaKi. pyKOBo;i,aii;iu yiiaaaTejiL oTji.'fcjiLHHX'L 9TauoB'f), no KOTopuM'L no^iJievKiin, - cji'];;toBaTB Bt 9T0M'i. nsy^ieniu — KHiira Bap. renKiinra iiMt.ex'r. BLi;i,aiou;eecii aiiaMeiiie. IIpirHiiJiaa cpaBiiiixc.iLHO iic6o.i[.niie ea pasMlipu — Bcero 680 cxpaniiUT> TGKCxa — B'L Bii,i,y o6iiiiipnocTii ;!aT{)onyxrjxi. bi. iieu BOiipocoBX., HyiKHO npiiSHaxb, mxo 3xii G80 cTpaiiiiii,'i< nciio.ii.;{OBauu aBTOi)OMi> liaivi. ue.ii.3n Coji'Lc yMkio . . ." Fascma „ Poccbi," 1909?odrt. „ Korji,a Kniiri, npecjrh.iyioiueil xaKia nl'-.m 11 iiMliinincii TaiiOH xapaKxept 11 oCLejn., itaui. Ha3BaHHHrt xpy;i,i, Jiap. A. refiKiiiira, ne nepecraioxT. roBopirib ciiycra roji.T. no bijxo;i;'1; ea bt. cbIit'b 11 ona iipo- AOJiJKaex'L BUSUBaxL caMHn cepi.e3iiLin n jiuiboH luixepecx. kl ccf)!; ne tojIlko CO ciopoHH cneu.ia.iucxoB'L, no 11 co cxopoiiH iiiiipoKiixL i;pyi0B'i. ynxaiomen ny6jinKn, o,i,iio 3xo ciyjKiix'L yjue iiOKasaTCjeMx, ea ;i,ocxoiiH(:xBa. B'b AauHOMi. ciyiiaii Bnpo'iejn., xoxa bo Miiornx'j. oxnomeniaxi, xpyj-B 6apona renunnra npe;i,cxaBjaexL 6e3iiopno BH;i,aioui,yK)ca uinnocxB, npu- •iiuia Bniiwania Kit nejiy Kpoexca, na^o no.iaraxi., oxqacxn n bx, CBoeBpeMen- nocxii noaB.ienia Kniiru." BihcmnuKi, (PunaHCoeo, oniz 29 lIonGpn 1909 ?., No. 48. „ B'B co6paniii .inrn oGnoB.ienia (ji.ioxa 6h.io sac.iyniauo xaiwue nocraiio- B.ienie o icHiirt. Oapona A. A. renKiinra „AHr;iia," 3a Koxopyio aBxopx. Ghi.n. npii3nairi. jiocxonHUMij no'iexnaro ox3UBa. Bapom. ronKiiurx. eoCpaj'i. u-iinnua OB'I;;i,'liuia coBpejiennon Anr.iiii. Eunra .MOHJexi. c.iya;irri> HaAejKUHM'B pyKOBOACiBOMX. ji,.xa xtxi,, kxo iniJiexi. cnomenie CL AnoicK)." C. Ileme^pCypiCKiH BndoMocmu 1909 toda e^ cmambib „Bz Miin oonoe.teuifi (fi.wina.^'- „Heji,aBni}i anaMcnaxe.'ii.iiLja co6iJxia bi. Auiviiii, Koxopu.M 1. ('y:K;i,L'iio noroMn'l;nno curpaxi. Biijinyio pojib bi. xlut iio.iirrii'iecKaro n aiiouojiii- 'lecicaro cCiiiaienia Poccin 11 Aiir.iin BHABiiiaexx. bhobb na o'lepcib BOiipoc'L o pyccKO-anrJiincKiixx. xoproBLixx. cnomeniaxx.. Bi. cymHocxii xeopexiniecKn Bonpocx. 3xoxx. ji,aBno n ;^ocxaxo'lno nojpoono n3y'ienj., a n3;iaunijii bi. iipoiii.iOMB ro;ty naiiiiiMx. CmBniiuri. Koncy.io.M'i, bx. IlLioKacxjl; na Taunt., 6ai)onoMi. renKniiroMi. Kanirra.ii.iiHil xpyj,'i. „Anr.Tia" Bnec't j!i. 3X0 ;i,t.JO ne Ma.io cBfcmnxi. n nnxcpeciii.ixx. .lannwxi, n coof)pa;Kenift .'.iiaxoiia 3X0)1 ly.iecnon cxpanH 3;topoBLixx. yjioBi. n 3;i,oi)OBaro xpy,ia." llooor BjuMji, niii7, \b-io Iw.m 1909 mda. 28314 Demy 8vo. Cloth. 5s. net. Inland Postage, 6d. RUSSIA TO-DAY Issued by the Authority of the RUSSIAN IMPERIAL MINISTRY OF FINANCE Edited by ARTHUR RAFFALOVICH CONTENTS. Brief Geographical Sketch. National Education. Agriculture. Cotton and Cotton'growing. Factories and Workshops. Mining and Metallurgy. Machine Industry. — Forestry. — Fisheries. Internal Transport. Posts, Telegraphs and Telephones. Internal Trade of Russia. Foreign Trade in Russia. Public Finances. Money and Credit, The Drink Question in Russia, Formation of Joint Stock Companies. Appendices. P. S. KING «& SON, Ltd., Orchard House, Westminster, England. 9he Ifear Book THE STANDARD REFERENCE BOOK ON RUSSIA. PublistieJ by Eyre and Spottiswoode, Ltd., East Harding Street, London, E.C. "This publication . . . contains a great deal ot information of value to business men seeking markets abroad/'— r//^ TIMES {Russian Supplement). OF ALL BOOKSELLERS. Price 10 6 net. Demy 8vo. Cloth. 10s. 6d. net. I nland Postage, 6d. CENTRAL EUROPE BY DR. FRIEDRICH NAUMANN Member of the German Reichstag. With a Preface by W. J. ASHLEY, M.A.. Hon. Ph.D. (Berlin). Professor of Commerce, and Dean of the Faculty of Commerce in the University of Birminghatn. Translated from the German into English by Mrs. C. M. MEREDITH. Ihis work was published last >ear in Berlin, and represents a large body of opinion in Germany. The book contains a whole economic policy for the Central Monarchies, worked out with considerable fulness, and is the centre of discussion now in business and economic circles in Germany. The Author has written various works on social subjects, and his orations in and out ol the Reichstag have been much commented on. London : P. S. KING fir' SON, Ltd., Orchard Hotree, WESTMINSTER. KING'S LATEST PUBLICATIONS. BRITISH INCOMES AND PROPERTY. The Application of OlHcial Statistics to Economic Problems. By J. C. 8TAMP, D.Sc. (Econ.), E.S.S., Cobden Prizeman of the University of London. With Illustrative Charts. Demy Svo. Cloth. 12s. 6d. net. Inland Postage, 8d. Daily Telegraph.—'^ Witli all the new ciuestions relating to national inoome, property, and wealth which the war is raising, the appearance of this unique publication is specially opportune at the present time." A STUDY OF INDUSTRIAL FLUCTUATION. By DENNIS H. ROBERTSON, M.A., Fellow of Trinity College, Cambridge. Demy Svo. Cloth. 7s. 6d. net. Inland Postage, 5d. Joint Stuck Conipanieg Joiu-nal. — "An admirable enquiry into the character and causes of the cyclical movement of trade. The work is of general interest directly Ijecause industrial Huctuation involves the ebb and flow of the demand for labour, which directly and indirectly affects us all." ENGLISH PUBLIC HEALTH ADMINISTRATION. By B. G. BANNINGTON, Inspector of Nuisances, County Borough of West Ham; Cert., B.oyal Sanitary Institute. Introduction by Graham Wallas, M.A. Demy Svo. Cloth. 7s. 6d. net. Inland Postage, 6d. Journal of Royal Sanitary Institute— ^' It has charm and personality; it treats of the various matters dealt with interestingly, stylislily, and learnedlv, but not too learnedly. . . . For the serious student there is not at the moment a book to compare with this." OLD AGE PENSIONS. Their Actual Working and Ascertained Results in the United Kingdom. By H. J. HOARE, B.Sc.^ LL.B., 2nd Lieutenant, 10th London Regt.", killed in action at the Dardanelles, 15th August, 1915. With Introduction by Sir Laurence G o:\niE. Crown Svo. Cloth. 3s. 6d. net. Inland Postage, 4d. Xf'io Statcsmaa. — "This useful book has its pathetic interest. Th? author was killed in action at the Dardanelles in August last . . . No better account exists of the most successful measure of Sir Henry Campbell-Bannerraan's Governmerit." THE RISE OF RAIL=POWER in War and Conquest 1833=1914. With a Bibliography by Edwin A. Pratt. Demy Svo. Cloth. 7s. 6d. net. Inland postage, 6d. Baihi Telegraph. — "A masterpiece in the collection, selection, and marshalling of facts. . . . There have been few books publislied during the war wbich throw so much light upon the conditions of the conflict, and the aspirations and plans of Germany for world empire. Those who have no more tlian a layman's knowledge of strategy or railway problems need not fear that the book will be hard reading, and it is hard to imagine an expert so learned that for him its pages have nothing new.' THE ECONOMICS OF WAR AND CONQUEST. An Examination of Mr. Norman Angell's Economic Doctrines. liy J. H. JONES, jSI. A., Lecturer in Social Economics in the l^uiversity of Glasgow ; Honorary Director of the Glasgow Sidiool of Social Study and Training; Author of "The Tinplate Industry," etc. Crown Svo. Cloth, 28. 6d. net. Inland Postage, 4d. Times. — "One of the most searching and effective criticisms of the actual conclusions of Mr. Norman Angell that has yet appeared." A PRIMER OF PEACE AND WAR. TJie I'rinciples of International Morality. Edited by Tiie Rev. C. PLATER, S.J., M.A., Professor of Philosophy at Stonyhurst College. Foolscap Svo. Cloth, 2s. net. Inland Postage, 3d. Manchester Guardian. — "This little book contains a ))erfectly wonderful amount of information, arranged in so lucid and convenient a form that it will be a l)oon alike to the intelligent student, and to study circles and discussion societies. . . . The whole subject is one wliich so many people want to know something about,, and the textbooks on the sunject are so few, so expensive, and so technical, that the present little volume can be warmly commended to all. There is nothing in it to which a non-Catholic reader could possibly object." P. S. KING & SON, Ltd., Orchard House, Westminster, England. nmSr''-"'- A 006"6ff^» \ V