File No. 763.72112/3254
The Consul General at London (Skinner) to the Secretary of State
[Received December 26.]
Sir: Referring to my telegram of December 8,1 stating that the president of the prize court had consented to receive claims submitted in writing, without the intercession of local counsel, I have the honor to report that the course, whenever adopted, will enable claimants to obtain judgments at practically no expense to themselves.
Up to the present time, after informal negotiations with the Procurator General have terminated without settlement being reached, claimants have had no alternative but to employ counsel. . . . The disadvantage to claimants who fail to enter appearance and defend [Page 491] their claims in court is that, at present, the Foreign Office holds that persons who do not first exhaust their legal remedies have no right to ask for compensation through diplomatic channels.
I brought the foregoing points to the personal attention of Sir Samuel Evans, the president of the prize court, on the 8th instant, who stated, verbally, that claimants who wished to do so might submit their claims to him in writing. In order to take advantage of this opportunity claimants must first “enter appearance.” This they can do by power of attorney, the agent selected for this purpose, who may be the Consul General (if the Department approves), being authorized in the following form:
Ship S. S. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _the owner of the above-mentioned goods hereby authorize and request you to enter appearance in my behalf as my duly authorized agent at the British Prize Court in respect of the above goods.
Dated this _ _ _ _ _ _ _ _ _day of _ _ _ _ _ _ _ _ _191
(Signature)
(Authentication of Signature by Notary.)
To _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
London
The legal fee for “entering appearance” in such cases is two shillings. Having complied with this formality, the claimant may then submit his case in writing, in the form of an affidavit, supported by such documentary evidence as may be available. In the preparation of the affidavits claimants would be well advised to consult their legal representatives with a view to the drafting of a strong presentation of their cases.
Sir Samuel Evans has promised that when cases are called and affidavits of this kind are filed, he will cause them to be read, and will consider them in reaching his decisions. Obviously, claimants who adopt this course will have no opportunity to reply to counsel on the other side, and must rely on the strength of their own declarations to overcome the skill of the Crown’s representatives.
I have [etc.]
- Not printed.↩