The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-07-26
RULES OF PRACTICE OF THE COURT OF CLAIMS
ADOPTED MAY IL, 1855.

RULES OF PRACTICE OF THE COURT OF CLAIMS,
ADOPTED MAY IL, 1850.
Every claim shall be stated in printed petition adj
dressed the court and signed by the claimant his
counsel,
d The petitiop must set forth full statement Of the
claim and OF the action thereon in Congress by any
the departments if such action has been had specifying
also what person persons then interest
ed heein and when and upon what consideration such
person persons became interested IL the claim is
founded upon any law of Congress- upon any regulation
q an executive department. the act of Congress and the
section thereof upon which the claimant relies be
stated and the particular regulation OF the department
must be specified II the claim is founded upon any
e5s contract with the government Of the United States
such contract be forth in the Petition and If Ii be
inwrng the words of the contract. If it be founded
upon any implied contract the circumstances upon which
the claimant relies as tending to prove contract must be
specified There must be annexed to the petition ai-
dayt OF the claimant that the facts stated the petition
are true to the best of his knowledge and belief
When the petitioner cannot state his with the
requisite PARTICULARLY without examination OF papers
Is one 81 the executive departments, and has been unable
10 obtain sufficient examination OF such papers apple
cation be may file manuscript petition stating his claim
as in his power and specifying definitely he
can the papers he requires in order enable him
his claim The court win thereupon make special order
calling upon the proper department for such Information
or papers may deem necessary be delivered the
clerk OF the be filed in his Office The manuscript
petition may then be amended, and the amended petition
printed and fled and may occupy upon the docket the
place of the original petition.
A. Each claim shall be entered on the docket on filing
the petition referred by either house Of Con-
gress filing petition and the papers in the case re-
ferred.
IS The claimant when he files his petition shall deliver
10 the clerk copies thereof for the of the judges and
the solicitor.
g. If the solicitor shall be Of opinion that the petition
does not state proper case for the action of the court It
shall be his duty after the filing of the petition TO furnish
the clerk ten printed copies OF his objections for the judges
and the claimant
T. There shall be 30 other pleadlngs than those above
stated.
g. Ii the petition be adudged be sufficient the court
will authorize the taking of testimony in the case.
0. The court will appoint permanent commissioners for
the taking Of testimony and special commissioners as cir
cnmsances may require.
Every permanent commissioner shall take oath be-
fore he enters upon his duties that he viii faithfully dis
charge them long his commission remains in force;
and every special commissioner shall take oath faithfully
TO discharpehis dues. u,
The firm Of Il commission to permanent commissioner
shall be as follows.
CoURr or CLAIMS:
To --, Of in the county of --, and State
Of
, esquire.
pleasure of this court for the State Of to take the
testimony Of such witnesses may before YOU to be
used in the investigation Of such claims as may be present.
ed this against the United States In the perform
of this duty you will be guided by the rules of this
court and in making your certificate of the taking of dep
osilions you will follow the form prescribed BY the 18th
rule You will take deposition, unless by consent of
the parties until II is shown you, by the return upon
the original notice. that the adverse party has been duly
notified and il he does not appear you will ax the origi
nal notice your certificate and return it Herewith for
the information of the court. -, Clerk.
When special commissions Issued, such variations
from the above form may be necessary will be made.
The several judges and clerks of the courts of record for
the time being in the States and Territories Of the United
s,ates in the counties in which permanent commissions
ef may reside hereby appointed commissioners to take
testimony to be used in the investigation of claims before
this court in the counties in which they may respectively
reside during the pleasure of this court and this rule
shall be sufficient commission to each of said judges and
clerks in the premises.
10. The form of subpoena shall be as follows;
CouRT OF CLAIMS
You hereby commanded to appear before --,
commissioner appointed by this court to take depostons
the --- day of ---, A. D. 1885,, at ---- o'clock,
in the noon, then and there testify in the Of
against the United States pending in this
court Fail not of appearance at your peril.
Dated this ---- day of -----, A. d. 49,
, Clerk.
H. The party proposing to take dispositions shall cause
fifteen days notice to be given thereof to the solicitor
to the claimant his counsel, the may be- The
notice must be in writing and must state the Of
the Commissioner and of the Witnesses and of the claim
and the day of the month the and