The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-21

q
claim, and Of the action thereon in Congress any
of the departments II such action has been had specify
ing also what person or persons are owners thereof or
ton such person persons became 30 interested II the
claim founded upon any III OF Congress, upon any
regulation CT an executive department. the act Of Con-
gress 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 found
ed upon any express contract with the government OF
the ned States, such contract must be set forth in the
petition and 1t be in writing the words of the
the circumstances upon which the Claimant ress
tending to prove contract must be specified There
must be annexed to the petition an affidavit o, the
claimant that the facts stated In the petition true
TO the best ct his knowledge and belief
g. Each claim shall be entered on the docket ding
the petition or in cases referred by either house Of
ferred
4 The claimant, when he aes his petition, shall de
to tie clerk ten copies thereof Tor the OF the
judges ar d the solicitor.
E. If the solicitor shall be of opinion that the petition
does not state proper for the action Of the
it shall be his duty at ter the fling Of the petition
furnish the clerk ten printed copies Of his objection for
the Judges and the claimant.
6. 1heIe shall be other pleadings than those above
stated
7. II the petition be aajudssd to be sufficient the
court win authorize the taking of testimony in the
g. The curt will appoint permanent commss ioners
for the taking Of testimony, and special commissioners
as as circumstances may require.
Every permanent commissioner shall take oath be.
fore he ente upon his duties that be WI faithfully dis
charge them so long bis cmmisson in force
fully to discharge his duties.
The form Of . eommission to permanent commits
sioner shall be as follows -
Court OF CLAIMS
To, Of, in the county OF -, and State Of.
YousIs hereby appointed commissioner for The State .,
1n the & this duty y01 will Be- sgdsd By
VIII Ssl Sc by
cent Of the parties until 1t you by tho return
Py Se the adverse has
Srgps notice TO certificate and return it Herewith
When special missions issued ouch variations
from the above forms may be necessary win be made
Q. The form Of subpoena shall be as follows
CouRr OF CLAIMS
You ..e hereby comm "a, sndsd to appear before
e sSnIs to osopi IN rs. on the
then and there to testify in the sgaius.
s,pss5snse, sssoaf psr. Dated this day .
10. The party proposing to take deposit ons shall
fifteen days notice TO be given thereof to the
ctor OF to the claimant his counsel the may
of the commissioner and of the Witnesses and Of
the claimant and tie day Of the month"; the hour and
the place Of ing the deposition and must be sub
scIbed by the solicitor his agent by the claimant
or bis attorney Of record When the claimant proposes
to take depcstion and the witness resides than
tor proposes to take the deposition and the vitnss
resides more than five hundred miles from the claimant
or MS counsel one days further notice shall be given
for every additional twenty miles.
II The fees Of Witnesses for travel and attendance
ba be such as are authorized BY the laws Of the State
or Teroitory where the witness resides and shall paid
by the psry at whose instance the witnesses appear
IL. II the witness, having been duly summoned and
his fees rendered him. shall fail refuse to appear and
be issued en- motion, to show cause why fine should
not he imposed upon him; and II he fail 20 show su
Gent cause he shall be fined not exceeding one hundred
dollars.
is. All witnesses shall be sworn or affirmed before
- questions put to them to tell the truth, the
Whole truth ano nothing but the truth relative to the
cause in which Ley are 20 tAA' - anu cash witness
place Of residence for the past whether he has any
interest direct indirect in the claim which is the sub
ject Of inquiry and whether and In what degree he is
related TO the claimant AT the conclusion Of depo
son, the witness shall state whether he knows Of any
other matter relative 10 the claim in question: and If he
H. All ev dence must be Ia writing, and all deposi.
tons must be taken by questions each Of Sbioh is TO be
written down by the commissioner in the body OF the Dc
position proposed by the nmissionsr to the
Witness and the theeto to be written down
by the commits ooer in the presence OF ths witness But
inteIrogatories and cross may be admin
isered under the supervision Of the Court whenever In
their opinion justice and expedercy require and each
deposition must be sgnei by the deponeat in the pre-
Of tie commissioner.
10 The comnesioner's return shall be as follows =
State at Of, gt e SsH ,.,,on,,v cam,
", The witness Within named, and atser hsriag been
first tell the truth the whole truth an nothing
ten written BY the commissioner and then
by @ 70 me me ama the s ~
witness who then suberIsd dspo tiOn in the
be IL s *
against the United States nCw pendn IN the Court Of
did ATTEND And did object. N''''' p,,s - a''l''
Tees Of witness, -.
Attendance
Comm istioner's fees, -
16 The commissioner shall epclore the commission,
SEAL and direct the TO The CLERK at Washing ton
ard deposite the packet in the post Office
H. The commissioners shall not be obliged to certify
I'D forward The deposition taken for either party I'M!
bis fees for the tskns CT ths same and the postage
shall have beer paid rendered to him BY the party
whose instn, the commission issued, which fees shall
be Eve dollars cay and twenty cents for every hun
cred words con aimed in the deposition.
u.s. No objection tos deposition viii be considered IS
waived because such not taken before the
commissioner.
10. No counsel viii be permitted to practice in the
has BEEN admitted licensed IL the So
Court of tbs United States, or In the highest
court Of the District of Columbia |. the highest
mission the certificate of the clerk Of such court
such license will be the only evidences and before ad
sttution Of the United States and that hs
council shall tie upright and according to law. But
any claimant may appear in PRISON and manage his
cause.
20. When the olsimsnt's case 10 prepared he shall
notify the solicitor thereof furnishing him. at the same
time, with printed copy OF his brief The coll dtor,
within Reasonable time thereafter thall furnish the
opposite council with printed copy Of his BRIEF and
file copies of both briefs with the c,ers. when the
briefs thus d the clerk shall enter the case on the
trial doclst. At least three days before any case will
be called for argument such printed briefs shall be fur
nished to each OF the u ses ana contain all the post
ticps and authorities relied on. No arguments
bebsn Of either party viii be permitted to continue
more than two hours nor will counsel be permitted Il
taSe other grounds to refer to other authorities than
those stated in the briefs The cases viii be called oI
argums Mt submission In the order in whica they
be thus prepared
q. In the computation Of time mentioned In these
rules all SUNDAYS and also the day of the service Of
any notice. and the day which party is required te
appear which any act required to be done shall
be excluded.
o. No paper aledin a cause shall be taken from tn.
clerks Office except by Of the judges, without per
mission OF the court and by leaving certified copy with
the clerk.
49, If the claimant die pending the suit bis props,
representatives. may molten, be admitted to prose
cute the claim.