File No. 763.72112/370

The Ambassador in Germany (Gerard) to the Secretary of State

[Telegram]

822. Your sixth [608], November 9, 8 p.m. German code of prize-court procedure defines interested parties in prize proceedings as [Page 345] the owners of the ships and cargoes seized and all private persons who have a legal interest in having the prize released or the owners awarded damages or restitution.

The prize court shall call upon all interested parties to enter verified claims not less than two weeks or more than two months after issuance of this monition, which is generally by publication in the official gazette, but claims may be entered earlier.

Claims must set forth all facts and proofs on which they rest, documents to be appended in the original if possible. They should be in the German language. They must be signed by a lawyer admitted to practice before any German court and who possesses the qualifications of the office of judge. He must have power of attorney in writing.

If claimant does not reside at the seat of the court, he must designate a person residing there to whom service can be made. When a claim is filed in due season the presiding judge shall set a date for an oral Björnson. The imperial commissioner and the claimant shall be summoned formally. If there are several claims touching the same object they shall all be heard at the same proceeding as a rule.

Claimant or his agent is permitted upon special application to examine the papers with the consent of the imperial commissioner, which consent cannot be refused unless military interests demand it. The oral Björnson is public. Claimants must give security for costs in an amount which is determined by the court. There are no fees attached to prize proceedings.

Gerard