CO885(3-4) — Page 143

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The magistrates lawfully elected on the island of Heligoland are:

1. The bailiff (landvoight) as president of the Court, and, if circumstances require, the superintendent too. Gottorf, 19th August 1652, passus 2.

2. Six aldermen and assessors entitled to a voice in the Court, and as members of the superintendents (trustees).

3. Eight quartermasters for eight years elected who are, according to the law, the real authorised agents and administrators of the country's treasury, of whom one of them is by turns the provincial treasurer, therefore also the provincial superintendent.

4. Sixteen provincial aldermen superintendents, if councilmen, quartermasters, and Councilmen aldermen are examined pilots; they are at the same time pilot officers too. and quartermasters, as also aldermen, form together the chief authority of the island.

On the authorities devolve principally the management of the country's treasury. How the administration of the same ought to be has expressly been told in the already- mentioned Ordinance of the 24th November 1779. Accordingly is in 1 provided: that no expenditure above 10 ricksthalers shall be made out of the treasury without the permission of the bailiff and aldermen. § § 2. Excepted are such expenses as have been verified and approved by quartermasters, councilmen, aldermen, and inhabitants, and such approval shall be signed by two-thirds of its members, and taken to the treasury office in justification of the same.

§3. Bailiffs and councilmen have, in regard to expenses permitted to quartermasters, § 1, to watch that all superfluous show and expense be avoided, as well as that all costs, for instance, in elections of ministers of the Gospel, be made in the cheapest manner, The quartermasters will be allowed for the ordinary expenses 50 thalers additionally pr. a., and the treasurer at the rendition of accounts 10 thalers additionally pr. a., with exception of expenses for eating and drinking of quartermasters in case of shipwrecks. § 4. The quartermaster keeping the accounts of the treasuary department, the so-called treasurer, shall submit his account bills, kept from the 1st January to ultimo December of every year, first to the other quartermasters who have to witness "that they do not find any fault with it;" then the account shall be delivered, against a receipt, latest four weeks after new year, with all supplements, to the office of the bailiff.

The bailiff shall examine the bill within eight days, shall make memorandum on the same, and then call the Court together to examine the memorandum in plenum. The majority of votes will then decide on every note whether it may stand void, or, if the treasurer and the quartermasters shall further be asked about it. The consultation shall be made in a new meeting of the Court to which they will all be summoned. Their answer to the notes (memorandums) shall then fairly be put down in writing, and after a deliberate consideration of the bailiff and council, it shall be decided whether the note is to be struck out, or if the quartermasters have to bring in further receipts, or if they shall pay back the (outlay) expense to the treasury. After revision of the Court, the bailiff has to take care that the decisions made on the accounts (have to) be fulfilled.

§5. The distribution in natura of stranded goods amongst the inhabitants usual in cases of shipwrecks is limited, in so far as: cf corn, one half; of the so-called delicacies the fifth part at the utmost only is divided, the balance, however, is to be sold for the benefit of the community, which amount is to be brought to the credit of the treasury.

§6. The sale of these stranded goods must not be made partially by the quarter- masters, but must be effected in the presence of the bailiff and two counsellors (lawyers) by way of a public licitation.

§7. On all objects bought by the quartermasters for the Government or ship utensils Auch as sails, anchors, cables, ropes, &c. for the use or sale of captains, an inventory has to be kept, with addition of prices verified on oath, and such has to be brought to the annual account. The sales and purchases have also to be correctly booked. Quarter. masters are likewise forbid to sell anything of these articles without the knowledge of the bailiff and councilmen.

$8. There shall constantly be a fund in the treasury (bag in cash) of 2,000 ricksthalers; no dividend of its surplus shall be paid to the citizens as long as the treasury has debts, before the funds thereof have run up to 2,000 ricksthalers, and even if this sum be in cash, only three-fourths of the surplus shall be divided, the remaining one-fourth part, however, shall go to the credit of the treasury, to pay the debts of the country with this but afterwards, for the collection of a capital, the interest of this to be employed for expenses of the country.

39. The bailiff shall, after regulation of accounts inform the board of revenue annually, as also the Sleswig Supreme Court, of the balance of cash on hand.

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§10. This Ordinance shall be preserved with other ordinances and privileges after publication at the meeting of the superintendents and after being read aloud in the pulpit.

From the foregoing Treasury Ordinance the following results have to be deducted. 1. Small expenses up to 10 thalers inclusive can be made by quartermasters without further trouble.

2. Bailiff and council can grant all other necessary expenses with approval of the quartermasters and without consent of the whole community.

3. The joint community does not require an approval whatever by the council, if their resolution has been signed by at least (two thirds) and been added to the bill.

4. The bills shall be accompanied by revised receipts, and notes be subject to a decision.

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5. Unjustifiable expenses shall be returned and repaid to the treasury,

That the treasury was constantly subjected to a control, is apparent in a receipt of a Schleswig Supreme Court dated 30th October 1806 in which the bailiff is ordered to take care that the debts of the country, then amounting to 32,000 marks, were as soon as possible to be paid out of the proceeds, in cases of stranding or shipwrecks. In regard to the administration of justice on the Island of Heligoland, it consisted in a provincial court of justice, namely, of a bailiff and six councilmen, independent of some ordinances made later, a judicial manual, a code or (the jutsche lov) "Waldemar" is likewise valid in law here. The bailiff is an educated person, and a studied jurist gives (makes) decisions in lawsuits, manages the police force, and holds provincial courts of justice jointly with the addition of councilmen as lawful assessors to the same.

There shall be held two courts in the country one at Easter and one, at Michaelmas, Ordinance of 19th August 1652 by Frederic. This mentioned Ordinance as also sundry special enactments say more about the relation of councilmen to the bailiff as also about their sphere of activity. A number of enactments by bailiffs in regard to civil regulations are vouchers for his official position and rights.

From the provincial court the way was open to appeal to the supreme court in Schleswig (as was also done in Schleswig) in respect to church and school matters; the same has been fully regulated by the royal Ordinance of 8th May 1733 and of 24th March 1807.

Two pastors clected by the congregation, of which the youngest is at the same time rector, are appointed for the church, subordinate to the ecclesiastical inquirers and to the provostship of Husum, as to the general superintendent of Schleswig, who take the necessary steps in regard to ecclesiastical school matters (of which a number exists). These examined personally (April 1735) or in writing churches and schools, at the latter of which, independent of the rector, two teachers have to be employed. At the church are employed two wardens who are periodically chosen for six years (by the pastors), then by the bailiff and councilmen, with proviso and approval of the church inquirers. (compare enactments of 4/7th November 1766). The churchwardens can order repairs only by consent of the church-college and the ecclesiastical inquirers (enactment of 3rd August 1770. The church and school college consists of the two pastors, church- wardens, bailiff, and some trustees. In matrimonial matters the island was subject to the consistory of Husum. Compare enactment of 27th December 1793.

The receipts of the church consisted chiefly in the amount (Bürtose) of letters of citizenship, in as far as every new citizen had to pay 10 marks to the church, and if he was a foreigner who got married here, 15 marks. For these (Bürtose) an interest of 61 per cent. was paid, and the churchwardens had to keep account of all income and expenses of the church inventory as for the transfer of church pews, for copulations in the house, for sacrifices, &c. &c., church and schools were in one word independent. The preachers and schoolmasters too were paid by certain fees (dues) house and school money, &c. &c., also by other perquisites which all were received by the pastors themselves, and monies unpaid were enforced by church seizures.

As per section 5 of stranding regulations, dated 30th December 1803, the Heligolanders have their own strandrights, about which sundry dispositions have been made. Pilot matters, too, have been organized by themselves and both were guarded by the bailiff.

Paragraph II.

The appearance of the single branches of the administration under the British

Government.

By the surrender of the island to England a great change manifested itself in the whole administration (already in this that) all magistrates wanted (had need of) a control.

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PUBLIC RECORD OFFICE

Reference :-

EPILLIC.O. 885

PUBLIC RECORD OFFICE, LONDON

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