374 APPENDIX TO CASE OF GREAT BRITAIN, 



^ 42. In order to ascertain this, the following proofs shall be snljstautiated: 



1. That the vessel was met with within the bonnilaries prescribed in ^ 2 of these 

 Regulations, and that her having been within such limits was not occasioned by 

 reasons stated in ^ 3. 



2. That the vessel is a lawful prize by virtue of the §^2, 11, 12, 14, and 21 of these 

 Regulations, and the ^S of the Instructions to the Commander of the Russian 

 man-of-war. 



^ 43. In order to decide either case, the Court is to inspect all documents 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 Russian vessel to 

 give all additional information deemed needful, and completing thus all circum- 

 stances condemning the foreign vessel, the Court shall draw up 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 deter- 

 mine the damage sutfeied by such detention, and to furnish both parties with a cer- 

 tified copy of this resolution. 



$ 45. In the course of two days, both parties shall declare whether they are satisfied 

 with the decision of the Court or not, and in the latter case (should it happen) assign 

 it in writing. 



^ 46. Should l)oth parties be satisfied with the decision of the Court, then the Com- 

 mander of Kamtchatka is to release immediately the detained vessel, returning every- 

 thing to the master according to the inventory, along with the 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 imniediate consideration, and finding it just, to 

 change its decision, if not, to confirm the same, and make it known to the parties a 

 second time. After this no representations shall be admitted, and botli parties 

 10 shall be summoned before the Court which shall allow them to make their pro- 

 test in writing, and will then state all the reasons whj' 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 reasous 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 representations 

 of the master, and if he do not present the same within the time limited, the Court 

 suuHuoning him, with two of his crew, notifies that his silence is received as a mark 

 of compliance, and that the condemnation 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 explained 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 exjila- 

 nations, and, having inserted the whole into the journal of the Court, shall pass a 

 final sentence, and pronounce it, as stated in vS 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 aiTested 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-American Company, but if tlie damages exceed that sum, he is to notify it 

 to the Company's office, and give to tiie foreign master a certificate; but the money 

 cannot be ])aid by the Company otherwise than after the inspection and Resolution 

 of its ( ;ourt of Directors. If, on the other hand, the foreign vessel has been detained 

 unlawfully by a Russian man-of-war, the Commander of Kamtchatka is to pay the 

 adjudged damages (not exceeding the sum of 5,000 roubles) out of any Government 

 sum, and to rei)ort, in order to incash it from the guilty, but if the damages should 

 exceed the sum of 5,000 roubles the Connnander of Kamtchatka is to furnish a cer- 

 tificate lor the receipt of the money after the regulation and confirmation of the 

 Russian Government. 



iji 53. The reimbursement of such damages as may have been incurred by unlawful 

 detention shall be exacted from the Connnander and all the olilicers of the maji-of- 

 war, who, having been called by the Connnander to a council, shall have given their 

 opinion that such a ship ought to be detained. 



•^ 54. As soon as a foreign sliip is fcuteuced to be confiscated, the Commander of 

 Kamtchatka is to make due arrangements for transporting the crew to Ochotsk, and 

 from thence to any of the ])orts in the Baltic, in order to enable every one of them 

 to reach liis own country. With the confiscated ship and ca-rgo, he is to act as with 

 a i)rize, taken in time of war. 



