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authenticity of the ship's documents mentioned in the 10th section, the passports of the passengers, their situation on board, voyage and errand, as well as the place where the ship was seized, the conduct of the privateer before, under, and after the capture, and, in short, he is to examine into every thing necessary to the illustration of the case.
22. During the proceeding, it is the duty of the judge in geperal to consider the interest of both parties in the most careful manner, and before the final decision, summon as well the privateer as in particular the master of the ship captured, to declare whether they wish for any farther illustrations, or have any thing farther to observe, upon which he is to receive and to reflect upon the claims of both parties.
The utmost attention and zeal in this respect are hereby inculcated on all judges, the more so, as, in order to promote the quick expedition and discharge of justice, so necessary in legal proceedings, (and in particular for the ship captured that may expect a release,) we have suffered the parties to meet by proxies before the High Court of Admiralty.
23. The judge, attended by two citizens residing at the place, duly sworn, is to take down a true inventory, and it is to be observed : that this is to be taken of the cargo according to the contents of the ship's documents, and no unloading to take place unless the privateer insists upon it, or the judge has grounded suspicions of unfair dealing which might be discovered by the unshipping, or other circumstances might render it necessary for the preservation of the cargo.
24. This being observed, and the case by the respective judges discussed, so far that sentence at the prize court may be pronounced, the proceedings of the court ought to be taken by the secretary, and to be sent by a speedy messenger to the said court, together with the inventory and the rest of the documents. The judge then informs both parties that the case will be decided upon by the prize court as soon as possible, and that no farther summons before that court will take place.
25. To judge of prize cases in the first instance, we have ap: pointed :
A prize court for the Islands of Zealand, Lolland, Falster, Moen, and neighbouring islands, (the island of Samsoe excepted)— It is held at Copenhagen :
One for the northern parts of Jutland, and the dioceses of Fyon and Samsoe ; this is held at Aarhus.
One for the dukedoms of Sleswick and Holstein, held at Flensburgh.
One for each of our provinces of our kingdom of Norway, held in the capital of the respective province.
One for the islands of Bornholm and Christiansoe held at Ronne.
Each of these courts to be constituted of a justitiarius (president) and two assessors, among whom an officer of our navy.
A secretary is appointed at each of these courts.
26. If the prize court finds any further illustrations necessary in a case, the court ought to charge the judge who has held the examination, to procure such as may be wanted.
27. At the making up of the sentence, every circumstance ought most minutely to be considered ; no other letters or proofs, however, ought to be taken into consideration, but such as were found on board the ship when she was captured, as it is only left to the High Court of Admiralty to decide how far any of the par. ties may be allowed to produce farther evidence or proofs.
The final issue of the sentence of the prize court, is to be published in the official journal of the province, by the secretary of the court ; the sentence itself, upon the demand of the parties, is immediately to be copied and delivered to them for their farther use.
28. If any of the parties wish to appeal from the sentence of the prize court, he ought to declare such intention, within twenty-four hours after the annunciation of the sentence, to his opponent, and afterwards within the space of eight weeks procure summons from the High Court of Admiralty, which is held in our royal residence, Copenhagen, and give proper warning to the judge and his opponent, agreeably to the bill of April 30th, 1806, containing the instructions for the High Court of Admi. ralty.
The summons of appeal in Zealand are applied for in the High Court of Admiralty. Out of Zealand, the chief magistrates, and at Bornholm, and at Christiansoe, the governors are authorized to issue out such summons in behalf of the High Court of Admiralty.
When the case is decided by the said court, no further appeal is granted.
29. If a privateer bring in a ship for any other causes than those authorized in this our royal bill, he is not only to defray all the expenses of the case, but moreover to repay all the damage suffered by the ship on account of this seizure.
If, on the contrary, the capture is upon probable cause, the privateer is without any responsibility, though the ship, upon the ground of certain circumstances, is released ; in this case, the expenses arising from the case and capture, are to be defrayed out of the ship.
If any of the parties, without any sufficient ground, appeal from the sentence pronounced, he may expect (if his opponent insists upon it) to be sentenced to pay the loss he thereby may have suffered, beside the expenses of the law suit.
30. When any ship captured is condemned in favour of the captor, he is not allowed to dispose of the ship and cargo according to pleasure, but both parts are to be sold generally at the place where the ship is brought in. Out of the amount of the sale, beside the usual salary, one per centum is to be paid to the hospital of invalid sailors at Copenhagen, which sum it is the duty of the judge to receive and transmit to the direction of the said institution, receiving their acquittance.
31. The privateers are exempt from paying the usual duty; no clearance of duty is consequently requisite at their setting out; at their return they need only to announce their arrival at the custom-house, in order that it may be ascertained they import no goods. Out of the goods, on the contrary, which are carried in and condemned, all duties of every denomination are to be paid, similar to other goods imported.
32. The expenses before the court in prize cases we have fixed in a particular bill for this purpose ; in the like manner
we bave ordered the sum to be paid for commissions of privateering.
33. Every captor of a ship, either hostile or suspected, is to provide for the victualling the crew, from the time of the capture till the sentence of the prize court is pronounced ; the ex. penses to be defrayed out of the ship, when the case is closed.
In the like manner, and upon the same condition, the victual. ling of the crew of the ship captured, while the case is pending before the High Court of Admiralty, is to be furnished by the captor, provided the sentence of the prize court be appealed from by the captor. The captor, on the contrary, if he has gained the case before the prize court, and appeal is made by the captured, is not bound to feed the crew, unless the master of the ship gives full security for the expenses paid on this account.
34. The magistrate of the place is to receive and deliver up to the nearest fort, such of the crew of a ship captured and condemned, as are subjects of the British crown, where they are considered as prisoners of war; as far as they prove to be subjects of neutral or friendly powers, they are to be delivered up to their respective consuls.
35. We do hereby forbid our magistrates, or other officers to whom we have entrusted the execution of these our orders, or who are employed in the proceedings or decision of prize cases, to partake in any expedition of privateering. Nor must any auctioneer, who is commissioned to sell any ship or cargo condemned, buy them on his own account.
36. A copy of these regulations and instructions for privateers to be on board of every privateer.
These are our will and orders, according to which every one is to conform.
Given at our royal residence of Copenhagen, 10th March, 1810.
Under our royal hand and seal.
1. Resolved, That all such ships of war, frigates, sloops, Things liable
to capture. cutters, and armed vessels, as are, or shall be, employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by, the inhabitants thereof, be seized and forfeited to and for the purposes hereinafter mentioned.
2. Resolved, That all transport vessels in the same service, Contraband. having on board any troops, arms, ammunition, clothing, provisions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions, or other necessaries, to the British army or armies, or navy, that now are, or shall hereafter be, within any of the United Colonies, or any goods, wares, or merchandize, for the use of such fleet or army, shall be liable to seizure, and, with their cargoes, shall be confiscated. 3. That no master or commander of any vessel shall be en- Commissions
of Letters of titled to cruise for, or make prize of, any vessel or cargo, be- Marque. fore he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed in some one of the United Colonies.
4. That it be, and is hereby recommended to the several Courts of prize. Legislatures in the United Colonies, as soon as possible, to erect courts of justice, or give jurisdiction to the courts now in being, for the purpose of determining concerning the captures to be made as aforesaid, and to provide, that all trials, in such case, be had by a jury, under such qualifications as to the respective Legislatures shall seem expedient.
5. That all prosecutions shall be commenced in the Court of Jurisdiction of that Colony in which the captures shall be made ; but if no Courts. such Court be at that time erected in the said Colony, or if the capture be made on open sea, then the prosecution shall be in the Court of such Colony as the captor may find most conve