APPENDIX TO CASE OF GREAT BRITAIN. 219 



2. Tliat tlie vessel is a lawful jnize by virtue of the §§ 2, 11, 12, 14, 

 and 21 of these Eegulatious, and the § of the Instructious to the 

 Commander of the liussian man of war. 



§ 43. In order to decide either case, the Court is to iuspect all docu- 

 ments presented, and tracing on one part all proofs of guilt, and on 

 the other all doubts which might clear the foreign vessel, summon the 

 commanding officer of the Kussian vessel to give all additional infor- 

 mation deemed needful, and completing thus all circumstances 

 7 condemning the foreign vessel, the Court shall draw np a clear 



statement of the reason of her condemnation. 



§ 44. Should the Court, in making out said statement, find that the 

 foreign vessel has been arrested without sufficient cause, said Court on 

 passing sentence is to determine the damage suifered by such detention, 

 and to furnish both parties with a certified copy of tliis Eesolution. 



§ 45. In the course of two days, both parties shall declare whether 

 they are satisfied with the decision of tlie Court or not, and in the latter 

 case (should it haj)pen) assign it in writing. 



§ 4<>. Should botli parties be satisfied with the decision of the Court, 

 then tlie Comminider of Kamtchatka is to release immediately the 

 detained vessel, returning everything to the master according to the 

 inventory, along with tlie adjudged damages, exacting them from 

 whomsoever is to pay the same. 



§ 47. If, on the contrary, the Court receive on the third day a repeal 

 to its decision, it is bound to take that repeal into immediate considera- 

 tion, and finding it just, to change its decision, if not, to confirm the same, 

 and malvc it known to the parties a second time. After this no repre- 

 sentations shall be admitted, and both parties shall be summoned before 

 the ( 'Ouit, which shall allow them to make their ])rotest in writing, and 

 "will then state all the reasons why the sentence passed should be carried 

 into execution. 



§ 48. If the Court find by the indictment that the vessel has been 

 lawfully detained, then the master of the foreign vessel, or the two 

 eldest in command under him, shall be summoned, and the reasons of 

 their detention made known to them, giving them a certified copy of 

 the condemnation. 



§ 49. The Court is to receive within three days, and no later, the rep- 

 resentations of the master, and if he do not present the same within the 

 time limited, the Court summoning him, with two of his crew, notifies 

 that his silence is received as a mark of compliance, and that the con- 

 demnaticui is just. 



§ 50. In this case the Court comes to its final decision, which, on the 

 following day, is communicated to the whole crew of the foreign vessel, 

 who shall sign, all and every one, that such sentence has been made 

 known to them, after which the Commander of Kamtchatka is to carry 

 the sentence of the Court into execution, as will be exi)lained hereafter. 



§ 51. Should, however, the master deliver within the time limited his 

 protest, then the Court, examining it with all possible impartiality, 

 shall call for all further explanations, and, having inserted the whole 

 into the journal of the Court, shall pass a final sentence, and pronounce 

 it, as stated in § 47. 



§ 52. If, by sentence of the Court, the arrested vessel be released, and 

 adjudged to receive damages for her detention, and if the vessel has 

 been arrested by any of the Company's officers, and the damages are 

 not above 5,000 roubles, the Commander of Kamtchatka shall demand 

 immediate payment of said sum from the office of the Russian-Ameri- 

 can Company, but if the damages exceed that sum, he is to notify it to 



