in court, or before any officer authorized to take depositions, any letters, papers, deeds, documents, or other writings in his possession or subject to his control, in any way relating to the claim sued upon; and any claimant, his agent or attorney,. who, after due notice, refuses to produce such letters, papers, deeds, documents, or other writings, when in his power to do so, shall be subject to attachment for contempt; and, if he persists in such refusal, the court will direct the petition to be dismissed." 49 "The testimony and briefs will be printed. In printing the testimony, the notices and the officers' captions and certificates will be omitted; but to each deposition there must be prefixed a title in the following form: Deposition of for claimant (or defendants, as the case may be), taken at 18-; claimant's on the day of ; defendant's counsel, 50 counsel, "Where an answer of a department is printed as evidence the call for the same must be printed therewith." 51 "Before printing a return made to a call on a department, the chief clerk will withhold from the copy for the printer 1st. All papers of which copies have been previously printed in the record of the case; and for this purpose he will compare the two copies, and if variations are found he will take the directions of a judge in chambers before sending the return to the printer. 2nd. All certificates of authenticity and certificates of acknowledgments. 3rd. All papers which a judge in chambers orders to be omitted. In each case the chief clerk will make a memorandum of the omission in the copy for the printer, verified by his initials." 52 "If the claimant objects to printing information or papers so returned, and the Attorney-General request to have the same printed, the clerk will note a memorandum of such request in the copy for the printer, with his initials attached; and when such information or papers are printed, the same will be regarded as evidence offered on the part of the defence." 53"The printed papers required by these rules must be in long primer type and in royal octavo pages, and the style and number of the case must be prefixed to all printed papers and to records of evidence." 54 "No depo 49 Court of Claims Rule 50. 51 Court of Claims Rule 64. 52 Court of Claims Rule 65. sition, return, or record on file shall be taken from the custody of the clerk by a claimant or his attorney, but either may attend at the clerk's office, and prepare his evidence for the press in the form and manner before prescribed. When the evidence is complete and ready for the printer, the chief clerk will have it printed at the Public Printing Office." 55 "The deposition of a claimant, taken under Section 1080 of the Revised Statutes, shall not be printed, unless the Attorney-General shall first have filed in the case a written declaration of his intention to read the same in evidence on the trial; and the filing of such declaration shall be considered as the exercise of the discretion vested in that officer by said section, and shall entitle the claimant to read the examination as evidence at the trial, if the Attorney-General declines to do so, unless for good cause shown the court shall otherwise order." 56 "In any case of a claim for supplies or stores taken by or furnished to any part of the military or naval forces of the United States for their use during the late war for the suppression of the rebellion, no testimony shall, without authority of a judge of the court or the consent of both parties, be taken in regard to the merits of the claim until after the preliminary inquiry in regard to the claimant's loyalty shall have been decided in his favor." 57 "If a claim which was at any time before the Commissioners of Claims, appointed under the Act of March 3, 1871, be transmitted to this court by either house of Congress, or by any committee thereof, under said act, and with such claim there be transmitted depositions, which were duly taken in conformity with the rules of said commission, such depositions may be used by either party as evidence at the preliminary inquiry aforesaid, or at the final hearing of the cause, or at both, subject to such objections to their competency or relevancy as might be made if the deponents were examined in open court, or their depositions were regularly taken under the rules of this court." 58"If it be made to appear that, besides the depositions so transmitted, there are among the papers of said commission other such depositions relating to the claimant's loyalty, or to the merits of his claim, a judge of the court may authorize such depositions, or duly certified copies thereof, to be obtained and filed in the clerk's office of this court, to be used as evidence in the same manner and on the same terms as 55 Court of Claims Rule 68. 56 Court of Claims Rule 69. 57 Court of Claims Rule 99. if they had been transmitted with the claim." 59 "To entitle either party to use as evidence any deposition under either of the next two preceding sections, there must be given to the other party at least two months' notice of the intention so to use it." 60 "No such deposition shall be printed unless authorized by a Judge of the court." 99 61 "Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to the late rebellion, the claimant asserting the loyalty of any such person to the United States during such rebellion, shall be required to prove affirmatively that such person did, during said rebellion, consistently adhere to the United States, and did give no aid or comfort to persons engaged in said rebellion; and the voluntary residence of any such person in any place where, at any time during such residence, the rebel force or organization held sway, shall be prima facie evidence that such person did give aid and comfort to said rebellion and to the persons engaged therein." 62 § 449. Motions and Notices in Court of Claims. "Motions will be heard in the first instance before a judge at chambers; but he may direct the same to be heard in open court. They must come to him through the clerk's office, and when acted upon, will be returned there by him." 1 "Motions must be in writing, signed by the attorney of record, and must give the title and number of the case and the term at which they are made; and in no case shall the clerk enter the motion unless this rule shall be complied with. Any brief filed in connection with a motion must be printed or type-written." 2 "No order will be entered by the clerk unless it be directed from the bench, or be reduced to writing and marked Allowed' by the Chief-Justice or one of the judges." 3 "The clerk will not file any paper unless it be properly indorsed with the title and number of the suit and the name of the attorney filing it." 4 "Parties filing petitions, pleadings, and motions, except motions for calls on Departments, must at the same time leave with the clerk written notice thereof, addressed to the attorney of the ad 59 Court of Claims Rule 102. 60 Court of Claims Rule 103. 61 Court of Claims Rule 104. 62 U. S. R. S. § 1074. VOL. II. - 16 § 449. 1 Court of Claims Rule 19. 8 Court of Claims Rule 21. verse party, with postage prepaid, and the clerk will mail the same and note the fact on the general docket. All other notices to adverse parties may be served in like manner. The clerk's entry on his docket will be prima facie evidence of the service. In the computation of time the day of the service will be excluded, and the day on which a party is required to appear, or on which an act is required to be done, will be included." 5 § 450. Abatement and Revivor. "If the claimant die pending the suit, his death may be suggested on the record, and his proper representative may, on motion, and on filing a duly authenticated copy of the record of his appointment as executor or administrator, be admitted to prosecute the suit."1 "On the death of a sole claimant, if his executor or administrator does not come in and prosecute the action, as provided in Rule 14, on or before the first ten days of the next term after the suggestion is made, the case may be dismissed, provided the Attorney-General shall have served notice upon the attorney of record in the case three months at least before the commencement of such term." 2 "Where § 451. Discontinuance and Withdrawal of Papers. fraud or set-off is pleaded, the claimant shall not, without leave of the court, discontinue his suit. In other cases he may do so, either in open court, or with the approval of a Judge in vacation." 1 "Papers shall not be withdrawn from the files except on motion for good cause shown, and upon such terms as the court or a Judge may order." 2 § 452. Trials in Court of Claims. "The claimant may at any time give notice to the Attorney-General that his proof is closed on the merits, by an entry to that effect in the notice book in the clerk's office. If the Attorney-General shall not within two months thereafter file a request for further time to take proof, the claimant may, at any time after the expiration of that period, have the case placed on the trial list, provided he has filed requests for findings and brief."1 "The clerk shall not place a case on the trial list until the claimant files in the clerk's office twenty-five printed copies of a brief stating the points of law on which he relies, with reference. 5 Court of Claims Rule 23. § 450. 1 Court of Claims Rule 14. § 451. 1 Court of Claims Rule 74. 2 Court of Claims Rule 90. § 452. 1 Court of Claims Rule 51. to authorities, and twenty-five printed copies of the request for facts required by Rule V. of the Regulations prescribed by the Supreme Court of the United States under which appeals may be taken from the Court of Claims."" 2 "Such request must be in the following terms: The claimant, considering the facts hereinafter set forth to be proven, and deeming them material to the due presentation of this case in the findings of fact, requests the court to find the same as follows. Following this request must be a statement, in the form of distinct numbered propositions, of the facts which the party desires to have found; and each proposition must be so prepared with respect to its length, subject, and phraseology, that the court may conveniently pass upon it; and they must be so arranged as to present a concise statement, in orderly and logical sequence, of the whole case, as the party desires it to appear in the findings of fact. Subjoined to each proposition must be references to the pages of the record or to the unprinted evidence relied on in its support; but no evidence must be set out. Documents which may enter into the findings of fact need not be presented in the statement, but may be referred to therein by the pages of the record." 8 "The Attorney-General, within one month after the filing of the claimant's brief and request, must file his brief and request for findings of fact, and should indicate the requests on the claimant's part to which no objection is made. Such request must be in form and substance like that required of the claimant by the next preceding section." 4 "The attorney of each party shall append to his brief a table of each deposition, letter, document, or other paper which he may offer in evidence on the trial, with references to the pages of the record, if they be there, and if they be not of the printed record, then to the places where they may be found.” 5 "If the claimant neglect, for two years after filing his petition, to close his proof and give notice to the Attorney-General, as required by Rule 51, the defendants may place the case on the trial list." 996 "Whenever, in any case which the claimant has not put on the trial list, it shall be shown to the court that an early decision thereof is important to the interests of the Government, the case 2 Court of Claims Rule 52. * Court of Claims Rule 54. 5 Court of Claims Rule 55. |