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The transgressor's vessel is subject to confiscation along with the whole cargo.
SEC. 3 An exception to this rule is to be made in favor of vessels car. ried thither by heavy gales or real want of provisions, and unable to make any other shore but such as belongs to Russia. In these cases they are obliged to produce convincing proofs of actual reason for such an exception. Ships of friendly governments merely on discoveries are likewise exempt from the foregoing rule (Sec. 2).
In this case, however, they must previously be provided with pass. ports from the Russian Mivister of the Navy.
SEC. 4. Foreign merchant ships which, for reasons stated in the foregoing rule, touch at any of the above-mentioned coasts are obliged to endeavor to choose a place where Russians are settled, and to act as hereunder stated.
SEC. 5. On the arrival of a foreign merchant ship, wind and weather - permitting, a pilot will meet her to appoint an anchoring place appropriate for the purpose. The captain who, notwithstanding this, anchors elsewhere without being able to assign a proper reason to the commander of the place shall pay a tine of one hundred dollars.
Sec. 6. All rowing boats of foreign merchant vessels are obliged to land at one place appointed for them, where in the day time a white flag is hung out, and at night a lantern, and where a clerk is to attend continually to prevent im- and exporting any articles or goods. Whoever lands at any other place, even without an intent of smuggling, shall pay a fine of fifty dollars; and if a person be discovered bringing any articles ashore a fine of five hundred dollars is to be exacted and the goods to be confiscated.
SEC. 7. The commanders of said vessels being in want of provisions, stores, etc., for the continuation of their voyage are bound to apply to the commander of the place, who will appoint where these may be obtained, after which they may without difficulty send their boats there to procure all they want. Whosoever deviates from this rule shall pay a fine of one hundred dollars.
SEC. 8. If it be unavoidable for the purpose of repairing or careening a foreign merchant ship that she discharge the whole cargo, the master is obliged to ask the permission of the commander of the place. In this case the captain shall deliver to the commander an exact list of the nature and quality of the goods discharged. Everyone who omits to report any part of the cargo will be suspected of smuggling and shall pay a fine of one thousand dollars.
SEC. 9. All expenses incurred by these vessels during their stay in the Russian territories must be paid in cash or bills of exchange. In case, however, the captains of these ships have no money on board and nobody gives security for their bonds, the commander can at their request allow the sale of such articles, stores, or goods required merely for defraying the above-stated expenses. These sales, however, can be made only to the company and through the means of the commander, but must not exceed the expenses of the ships under penalty of the cargo being seized and a fine paid of one thousand dollars.
SEC. 10. As soon as said foreign merchant vessels are ready for their cargoes, stores, provisions, etc., they must immediately proceed to take them in, and after an examination if they have loaded all the above-stated articles, and a written certificate of their not having left anything behind, they are to set sail.
Such vessels as have not beeu unloaded are likewise subjected to sail, without the least delay, as soon as they are able to proceed to sea. SEC. 11. It is prohibited to all commanders of the said foreign vessels, commissioners, and others, whosoever they may be, to receive any articles, stores, or goods in those places where they will have landed, except in the case as pr. sec. 7, under penalty of seizure of their ship and cargo.
SEC. 12. It is prohibited to these foreign ships to receive on board, without especial permission of the commanders, any of the people in the service of the company, or of the foreigners living in the company's settlements.
Ships proved to have the intention of carrying off any person belonging to the colony shall be seized.
SEC. 13. Every purchase, sale, or barter is prohibited betwixt a foreign merchant ship and people in the service of the company. This prohibition extends equally to those who are on shore and to those employed in the company's ships.
Any ship acting against this rule shall pay five times the value of the articles, stores, or goods constituting this prohibited traffic.
SEC. 14. It is likewise interdicted to foreign ships to carry on any traffic or barter with the natives of the islands, and of the northwest coast of America, in the whole extent hereabove mentioned. A ship convicted of this trade shall be confiscated.
SEC. 15. All articles, stores, and goods found on shore in ports or harbours, belonging to Russian subjects (carrying on prohibited traffic) or to foreign vessels are to be seized.
SEC. 16. The foreign merchant ships lying in harbor or in the roads dare under no pretence send out their boats to vessels at sea, or to those already come in, until they have been spoken to and visited according to the existing customs. Whenever a foreign vessel hoists a yellow flag, to announce an infectious disease being on board, or the symptoms of the same, or any other danger of which she wishes to be freed; every communication is interdicted until said flag is taken down. From this rule, however, are excepted persons appointed for the purpose and whose boats be under the colours of the Russian American Company.
Any vessel acting contrary to this regulation shall pay a fine of five hundred dollars.
SEC. 17. No ballast may be thrown overboard, but in such places as are appointed by the commanders. The transgressor is liable to a fine of five hundred dollars.
SEC. 18. To all foreign merchant ships during their stay in anchoring places, harbors, or roads, it is prohibited to have their guns loaded either with balls or cartridges, under the risk of paying a fine of fifty dollars for each gun.
SEC. 19. No foreign merchant ship in port or in the roads, or riding at anchor, may fire guns or muskets without previously informing the commander of the place or settlement, unless it be for pilots, signalizing the same by the firing of one, two, or three guns, and hoisting her colours as is customary in similar wants. In acting contrary thereto, she is subjected to a fine ot' one hundred dollars for each shot.
SEC. 20. On the arrival of a foreign ship in the harbour or in the roads, a boat will immediately be sent to meet her, and to deliver to the captain a printed copy of these regulations, for which he must give receipt in a book destined for the purpose. He is further obliged to state in the book as pr. annexed form, all information required of foreign ves. sels. All ships refusing to comply with these regulations dare not approach the harbour, roads, or any anchoring place.
SEC. 21. The captain of a foreign merchant ship, coming to an anchor in a port or in the roads, is obliged on his arrival to give a statement of the health of the ship's crew, and should after this a contagious illness be discovered on board of his vessel he must immediately inform the commander of the place thereof. The vessel, according to circumstances, will be either sent off or put under quarantine in a place appropriated for the purpose, where the crew may be cured without putting the inhabitants in danger of infection. Should the captain of such a ship conceal the circumstances, the same will be confiscated with her whole cargo.
SEC. 22. The master of a vessel, at the request of the commander of a place, is obliged to produce a list of the whole crew and all the passengers, and should be omit any he shall pay a fine of one hundred dollars for every one left out.
SEC. 23. The captains are bound to keep their crew in strict order and
proper behavior on the coasts and in the ports, and likewise prevent their trading or bartering with the company's people. They are answerable for the conduct of their sailors and other inferiors. Illicit trade carried on by sailors subject the vessel to the same penalty as if done by the captain himself, because it were easy for the captains to carry on smuggling without punishment and justify themselves by throwing the fault on the sailors. Therefore every article found upon sailors, which they could not bide in their pockets or under their clothes to screen from their superiors, sold or bought on shore, will be considered as contraband from the ship, and is subject to the prescribed fine.
SEC. 24. Foreign men-of-war shall likewise comply with the abovestated regulations for the merchant ships, to maintain the rights and benefits of the company. In case of opposition, complaints will be made to their governments.
SEC. 25. In case a ship of the Russian Imperial Navy, or one belonging to the Russian American Company, meet a foreign vessel on the above-stated coasts, in harbours, or roads, within the before-mentioned limits, and the commander find grounds by the present regulation that the ship be liable to seizure, he is to act as follows:
SEC. 26. The commander of a Russian vessel suspecting a foreign to be liable to confiscation, must inquire, and search the same, and, finding her guilty, take possession of her. Should the foreign vessel resist he is to employ persuasion, then threats, and at last force, endeavoring, however, at all events, to do this with as much reserve as possible. If the foreign vessel employ force against force, then he shall consider the same as an evident enemy and force her to surrender according to the naval laws.
SEC. 27. After getting everything in order and safety on board the foreign vessel, the commander of the Russian ship, or the officer sent by him, shall demand the journal of the capturel vessel, and on the spot shall note down in the same that on such a day, month, and year, at such an hour, and in such a place he met such and such a foreign vessel, and shall give a brief account of the circumstance, pursuit, and, finally, of the seizure. After signing the same he shall desire the captain of the captured vessel to confirm the same in his own handwriting.
Should he, however, refuse to sign the same, the Russian officer is to repeat his summons in presence of all the officers, and if on this it be again refused, and nobody will sign in lieu of the captain, he is then to add this cireumstance, signed by himself.
After this arrangement the journal, list of the crew, passports, invoices, accounts, and all further papers respecting the views and pursuits of the voyage of the vessel shall be put up in one parcel, as well as all private papers, viz, the journals of the officers, letters, etc., and sealed with the seals of the Russian officer and those of the captain and first officer of the foreign vessel. This packet shall remain unsealed with the commander of the Russian vessel until their arrival in the port of St. Peter and Paul, where it shall be deposited in the court, as mentioned in sec. 33. Besides this, everything else must be sealed by the Russian officer and the foreign captain that is not requisite for the con. tinuation of the voyage to the port of St. Peter and Paul, excepting the effects for the immediate and sole use of the ship's crew, which shall not be with held from them.
SEC. 28. Having thus fixed all means of precaution, the officer sent to arrest the foreign vessel shall instantly make his report to his chief and await his orders.
SEC. 29. Thus, should by any cause stated in the second, eleventh, twelfth, and twenty-first sections of these regulations a foreign vessel be subjected to confiscation in any port near the settlements of the Russian American Company, the commander of that settlement is obliged either to ask the assistance of the Russian inan-of-war, if there be any, and the commander of which, on receipt of a written request, is obliged to arrest the vessel and use all the precautions prescribed in the foregoing article; or, if there be no Russian man-of-war in the harbor or its neighborhood, and the commander of the settlement find that he and his people can arrest the vessel by themselves, he is then to act according to the twenty-sixth, twenty-seventh, and twenty-eighth sections, and putting ashore the captain and every means of getting the vessel away, he must endeavor as soon as possible to give information of this event either to the governor of the colonies of the Russian American Company or the commander of the imperial man-of-war, if it be known where she lie.
Sec. 30. When, in consequence of such a report, the governor of the colonies shall send a company's vessel, or a Government vessel arriving, then the commander of the place shall deliver up the vessel seized, and all belonging to her, and shall report respecting his reasons for contiscating the vessel.
SEC. 31. The commander of the vessel taking charge of the seizure prize inventory shall examine immediately into all circumstances mentioned and compare it with the accounts of the commander of the settlement, who will give every elucidation required.
SEC. 32. All vessels detained by Russian men-of-war are ordered by these regulations to be brought to the port of St. Peter and Paul, where the sentence is to be passed on them by a court established for adjudging such cases.
SEC. 33. This court, under the presidency of the commander of Kamtchatka, shall consist of three senior officers under liim and of the commissioner of the Russian American Company.
SEC. 34. As soon as a Russian vessel, bringing into the port of St. Peter and Paul a foreign vessel arrested by her, has come to anchor in the place assigned her, the commander of her is inmediately to repair to the commander of Kamtchatka, stating briefly what vessel he has brought in, the number of the crew and of the sick, specifying their diseases, and reporting likewise whether the vessel has sufficient victuals, and what goods, guns and other arms, powder, etc., are on board.
SEC. 35. The commander of Kamtchatka on receiving this report will order two officers and a sufficient number of men on board the detained vessel.
SEC. 36. These two officers, together with the officers who brought in the detained ship, when on board are to summon the master and two of his mates, or men in command next to him, inspect all the seals put on the vessel, and then taking them off begin immediately to make an accurate list of all the effects belonging to the vessel.
SEC. 37. This list is to be signed by all the officers on both sides who were present in drawing it up. The commander of Kamtchatka is to use all possible endeavors to secure from embezzlement or damage all effects belonging to the detained vessel.
SEC. 38. The crew of the vessel is then to be sent ashore, to such places as shall be appointed by the commander of Kamtchatka, and remain there until the close of the investigation.
SEC. 39. The commander of the Russian vessel is obliged, in the course of two days after his arrival at the port of St. Peter and Paul, to make a minute representation to the commander of Kamtchatka of all that shall have happened at the detention of the foreigu vessel brought in by him, and to deliver said vessel, together with the sealed packet containing her papers expressed in sec. 27.
SEC. 40. If the Russian vessel that brought in the port of St. Peter and Paul a foreign vessel cannot, for reasons, remain there until the close of the investigation, but be obliged to proceed to sea in a very short time, the commander, in order not to detain her, shall use all possible dispatch by bringing forward the investigation of such points as may require the presence of the Russian vessel.
SEC. 41. Having settled everything on board the arrested vessel, and landed the crew, the court immediately shall open the session and endeavor to ascertain as soon as possible the solution of the inquiry, “whether the vessel be lawfully arrested or not.”
SEC. 42. In order to ascertain this, the following proofs shall be substantiated :
(1) That the vessel was met with within the boundaries prescribed in the second section of these regulations, and that her having been within said limits was not occasioned by reasons stated in section 3.
(2) That the vessel is a lawful prize by virtue of the sections 2, 11, 12, 14, and 21 of these regulations, and the — § of the instructions to the commander of the Russian man-of-war.
SEC. 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 alditional information deemed needful, and completing thus all circumstances condemn. ing the foreign vessel, the court shall draw up a clear statement of the reasons of her condemnation.
SEC, 41. Should the court in making out said statement find that the foreign vessel has been arrested without sufficient cause, said court on