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in the suggestions of the Chief Justice.
In the first place I impose on the Seizers the duty of reporting to the Marshal their arrival with Captured property. And then I require the Marshal to proceed at once to appraise the property. These steps I recommend to be taken in all cases where Property captured from Pirates is brought into Harbour. Upon the appraisement being made if the Property should prove to be of not more than $250 value then the case is at once one for the Summary Jurisdiction of the Court - and I proceed at once in the Course marked out by the Chief Justice with two points of difference only, viz that I require The Marshal to give notice of what has been done to the Queen's Proctor as well as to the Registrar, and 2nd that I make provision for taking the evidence de bene esse of such of the captors as may be ordered away on service - before the case comes to be heard in court.
As it is by no means certain that the Marshal (who has plenty other duties to fulfil) can know of every case in which Property taken from Pirates is brought into Harbour, I think it better to put the duty on the seizers of giving notice of such fact. Then in order to bring the Case within the Summary Jurisdiction of the Vice Admiralty Court, I think an appraisement is necessary in the first place, else how and when is it to be ascertained what the value of Property is. I think also the Queen's Proctor should have notice at the same time with the Registrar, otherwise days may elapse before the Proctor may be aware that there is a case before the Court.
I think the provision I have made for holding de bene esse examination is of great importance, considering the number of Her Majesty's Ships in Chinese Waters, the class of the vessels and the nature of the services which they usually engage. It seems to me to be quite impossible to count on the presence of the seizers in the Colony at the day of hearing.
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