Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-05-22
DEPARTm K Mt NEWS.
Court OF claims.

OF the claim, and of the action thereon in Con-
} gress or by any Of the departments, if such ac-
ton has been had, specifying also what person or
persons are owners thereof, or interested therein,
and when and upon what consideration such per-
son or persons became so interested. If the
claim is founded upon any law of Congress, or
upon any regulation of an executive department,
the act of Congress and the section thereof upon
which the claimant relies must be stated, and the
particular regulation of the department must be
specified. If the claim is founded upon any ex
press contract with the Government of the United
States, such contract must he set forth in the
petition, and, if it he in writing, in the words Of
the contract. If it be founded apon any implied
contract, the circumstances upon which the claim
| ant relies as tending to prove contract must be
specified. There must be annexed to the petition
an affidavit of the claimant that the facts stated
in the petition are.true TO the best of his knowl
edge and belief.
g. Each claim shall be entered on the docket
on filing the petition, or, in referred by
either House of Congress, on filing petition
and the papers in the case referred.
A. The claimant, when he files his petition,
shall deliver to the clerk ten copies thereof for
the use of the judges and the solicitor.
S. If the solicitor shall be Of opinion that the
petition does not state proper case for the ac-
ton of the court, it shall be his duty, after the
filing of the petition, 10 furnish tho clerk ten
printed copies of his objections for the judges
and the claimant
g. There shall be no other pleadings than those
above stated
T. If the petition be adjudged to be sufficient,
the court will authorize the taking of testimony
in the case.
s. The court will appoint permanent commits
sioncrs for the taking of testimony, and special
,;r
Every permanent commissioner shall take an
oath before he enters upon his duties that he will
faithfully discharge them SO long as his COM
mission remains in force and every special COM
missioner shall take oath faithfully discharge
his duties.
The form of n commission 10 permanent Gem
missioner shall be as follows:
CouRT OF CLAIMS:
To ---, of --, in the county of -----,
and state of ----, Esquire.
You are hereby appointed commissioner for
the State Of ------ to take the testimony of
| such witnesses may come before you, TO be
used in the investigation of such claims 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 max
ing your certificate of the taking of dispositions,
you will follow the form prescribed by the 18th
rule. You will take no deposition unless by con-
sent of the parties, until it is shown to you, by
the return upon the original notice, that the adj
verse party has been duly notified; and, if he
does not appear, you will atix the original notice
to your certificate, and return it Herewith for
the information of the court.
When special commissions are issued, such
variations from the above form as may be neces-
sary will be made.
=. The form of subpoena shall be as follows:
CouRT OF CLAIMS:
You are hereby commanded to appear before
-, commissioner appointed by this court to
take dispositions, on the - day of ----, A.
ID. 1875 at - o'clock in the - noon, then
and there to testify in the case of -- against
the United States, now pending in this court.
Fail not of appearance, at your peril. Dated
this - day of -. A. ID. 1876
-, Clerk
TO- The party proposing to take dispositions
shall cause fifteen days notice to be given thereof
to the solicitor or to the claimant or his counsel,
| as the case may be- The notice must be in writ
ing, and must state the names of the commits
soner and of the witnesses, and of the claimant,
and the day Of the month, the hour, and the
place of taking the deposition, and must be sub
scribed by the solicitor his agent, by the
claimant or his attorney of record. When the
claimant proposes to take deposition, and the
witness resides more than five hundred miles
from Washington, or where the solicitor proposes
TO take the deposition, and the witness resides
more than five hundred miles from the claimant
or his counsel, one day s further notice shall be
| given for every additional twenty miles.
| IL. The fees ofwitnesses for travel and attend
ance shall be such are authorized by the laws
| Of the State or Territory where the witness re-
sides, and shall be paid by the party at whose in
stance the witnesses appear.
10 If the witness, having been duly summon
ed and his fees rendered him, shall fail or refuse
TO appear and testify before any commissioner,
rule upon him shall be issued, en- motion, to show
cause why fine should not be imposed upon
him; and if he fail to show sufficient cause, he
shall be fined not exceeding one hundred dollars.
10. All witnesses shall be sworn affirmed,
before any questions 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 his name,
his occupation, his age, his place of residence for
the past year; whether he has any interest, direct
or indirect, in the claim which is the subject of
inquiry; and whether, and in what degree, he is
related 10 the claimant. AT the conclusion Of
the deposition the witness shall state whether he
knows Of any other matter relative TO the claim
in questions and if be do, he shall state il.
IA. All evidence must be in writing, and all
dispositions must be taken by questions, each Of
which is to be written down by the commissioner
in the body Of the deposition, and then proposed
by the commissioner to the witness, and the
swers thereto TO be written down by the com
missioner in the presence Of the witness But in
terrogatories and neutrality-suspicious. may be adj
ministered under the supervision Of the court,
whenever in their opinion justice and expedency
require, and each deposition must be signed by
the deponent in the presence Of the commissioner.
Is. The commissioners return shall be as fol-
lows:
State Of -, county Of --,s s.:
On this -- day Of, A. ID. -, per-
sonally came -, the witness within named,
and after having been first to tell the truth,
the whole truth, and nothing but tho truth, the
questions contained in the within deposition were
written down by the commissioner, and then pro-
posed by him 20 the witness, and the answers
thereto were written down by the commissioner
in the presence of the witness, who then sub
scribcd the deposition in the presence of the com
missioner. The deposition Of, taken at
the request OF -, to be used in the investiga-
ton of claim against tho United States now
pending in the court Of claims in the name Of
49,. The adverse party was notified, did
attend, and did object.
-, Commissioner.
| Fees Of witness, -.