Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-05-19

Il
law OF Congress, or upon any regulation of an
executive department, the act of Congress and
tne section thereof upon which the claimant
relies must be stated, and the particular reg
ulation OF the department must be specified.
| Ii the claim is founded upon any express con-
tract wi b the government Of the United
States, such contract must be set forth Ia the
petition, ard, If 1t be in writing, in the words
o. the contract. IF it be founded upon any
| implied contract, the circumstances upon
| which the claimant relies as tending to prove
a contract must be specified. There must be
annexed to the petition an affidavit of the
Q aimant that the facts stated in the petition
are true to the best Of his knowledge and DO
lief.
8. Each claim shall be entered on the docket
on fling the petition, or, in cases referred by
either house Of Congress, on fling petition
and the papers in the case referred.
The claimant, when he flies bis petition,
shall deliver to the clerk ten copies thereof fox
the use Of the judges and the solicitor.
D. Ii the solicitor shall be of opinion that
the petition does not state roper case for the
action OF the court, it shall be his duty, after
the fling Of the petition, to furnish the CLERK
ten printed copies of his objections for the
judges and the claimant.
8. There shall be no other pleadings than
those above stated.
z. If the petition be adjudged to be sufi
cient, the court will authorize the taking of
testimony in the case.
8. The court will appoint permanent com.
missioners for the taking of testimony, and
special commissioners as circumstances may
require
Every permanent commissioner shall take
an oath before he enters upon his duties that
be will faithfully discharge them so long as
his commission remains in force; and every
special commissioner shall take an oath faith
fully to discharge his duties.
The form of a commission to q permanent
commissioner shall be as follows:
Court OF CLAIMS:
To, f., in the county Of, and
State Of
-, Esquire.
You ere hereby appointed commissioner
for the State of - to take the testimony of
such witnesses as may come before you, to be
used in the investigation of such cl inns as
may be presented to this court against the
United States. In the performance of this
duty you will be guided by the rules of this
court and, in making your certificate of the
form prescribed by the sh rule '0 You r ,ni
take no deposition, unless by consent of the
parties, until it has shown to you, by the 70
turn upon the original notice, that tho adverse
party has been daily notified and, If he does
not appear, you will afhx the original notice
to your certificate, and return il Herewith for
the information of the court
-, Clerk
When special commissions are issued such
variations from the above form as may be ne.
cesssIy will be made
The form Of subpoena shall DO as fol-
lsws:
COURT OF CLAIMS:
You are hereby commanded to appear be-
fore =, commissioner appointed by this
court TO take deposit;ons, on the day of
-, A. d ls5 at - o'clock in the -
noon, then and there to testify ia the case of
- against the United States, now pending
in this court. Fail not Of appearance, at
your peril. Dated this - day of -, A
d IS5 =. Clerk
10 The party proposing to take dipositions
shall cause fifteen days notice thereof to be
given 10 the solicitor or to the claimant or his
counsel, as the case may be- Tho notiee must
DO IL writing and must state the names of
the commissioner and of the witnesses and the
claimant, and the day of the month, tho hour
AID the place Of taking the deposition, and
must be subscribed by the solicitor or his
agent, or by the claimant or his attorney of
record. When the claimant proposes to take
deposition, and the witness resides more
than i've hundred miles from Washington, or
where the solicitor proposes to take the depo.
sition, an the witness resides more th an i've
hundred miles from the claimant or his coun-
sci, one day s further notice shall be given
for every additional twenty miles
IL Inc tees OF witnesses for travel and at
tendance shall be such rs are authorized by
the laws of the State or Territory where the
witness resides, and shall be paid by tho party
a. whose instance the witnesses appear.
IN ha Wit ho- L.
monea ard his fees rendered him, shall fail or
refuse to appear and testify before any com.
missioner, rule upon him shall be Issued,
on motion, to show cause Why fine should
not be imposed upon him; and if he fail TO
sh " sufficient cause, he shall be fined not
exceeding one hundred dollars
IL. All witnesses shall be sworn or affirmed.
before any questions are put to them, to tell
the truth, the whole truth, and nothing but
the truth, relative to the cause in which they
are to testify, and each witness shall then
state bis name, his occupation, his age bis
place Oh residence tCr the past year; whether
he has any interest," direct or Indirect in the
claim which is the subject of inquiry; and
hether and in what degree he is lated to
the claimant. At the conclusion of the depo-
sition, the witness shall state whether he
Knows CT any other matter relative to the
claim IN question; and if he do, no shall
{ tate it.
IA. All evidence must be in writing, and all
dispositions must be taken by QlestiOns each
of which is to be written down BY tho COM
missioner in the body of the deposition, nd
then proposed by The commi ssioner to the wit
ness, and the answers thereto are to be written
down by the commissioner in the presence of
the witness But interrogatories and cross
may CO administered, under
the surpervision Of the court, whenever In
their opinion justice and expediency require,
and each deposition must be signed by the de-
ponent in the presence of the commissioner.
: Is. The commissioners return shall be "a
State of -, equity of-,a: