RULE X.

PRINTING NEW PLEADINGS AND TESTIMONY.

If new pleadings are filed or testimony taken in this court, the same shall also be printed and furnished by the clerk, as in the 23d General Rule provided.

RULE XI.

MOTIONS.

All motions shall be made upon at least four days' notice.

RULE XII.

WRIT OF INHIBITION.

A writ of inhibition may be awarded by this court on motion of the appellant, to stay proceedings in the court below when circumstances require.

RULE XIII.

MANDAMUS.

A mandamus may, in like manner, be obtained, to compel a return of the apostles when unreasonably delayed by the clerk or court below.

RULE XIV.

CASES TO BE PLACED ON DOCKET.

Each case shall be placed on the docket as soon as the printing of the apostles is completed by the clerk.

RULE XV.

RRIEFS.

SECTION 1. Counsel for the appellant shall file with the clerk of this court, at least twenty days before the case is called for argument, ten copies of a printed brief and shall at the same time serve two copies thereof on the proctors of record, or on the counsel engaged upon the opposite side. This brief shall contain in the order here stated:

(1) A statement of the nature of the appeal, the court from which the appeal is taken, and a concise abstract or statement of the case, presenting succinctly the questions involved, and the manner in which they were raised.

(2) If the pleadings have been amended in this court or new proofs have been taken, it shall be stated what amendments have been made and in what respect the new proofs have changed, or tended to change, the case as made in the court below.

(3) A brief of the argument, exhibiting a clear statement of the points of law or facts to be discussed, with a reference to the folios of the record or to the numbers of the questions, and the authorities relied upon in support of each point.

SEC. 2. The counsel for the appellee shall file with the clerk of the court ten printed copies of his brief and serve two copies thereof at least ten days before the case is called for argument. His brief shall be of a like

character with that required of the appellant, and in case new proofs are taken on behalf of the appellee, the brief shall so state and wherein the new proofs have changed the case as made in the court below.

SEC. 3. The reasonable expense of printing briefs shall be an item of taxable costs.

RULE XVI.

MANDATES.

The decrees of this court shall direct that a mandate issue to the court below.

RULE XVII.

EXTENSION OF TIME

The time specified in the foregoing rules for any proceeding may be extended by order of a judge of this court.

RULE XVIII.

WHEN RULES OF DISTRICT COURTS TO APPLY.

In all matters, in civil causes of admiralty and maritime jurisdiction, not expressly provided for by the foregoing rules of this court, the rules of practice of the District Court of the district in which the cause was decided, being in force at the time (not being inconsistent with these rules), will be adopted so far as may seem proper.

RULE XIX.

The following of the general rules of this court, and no others, shall be deemed admiralty rules, viz.: Rules 3, 4, 5, 6, 7, 9, 11, 12; section 4 of rule 14; rules 15, 16, 17, 18, 19, 20, 21, 22; amended rule 23; rules 25, 26, 27, 28, 29, section 4 of rule 30; rules 31, 33 and 34.

VII.

ORDERS IN REFERENCE TO APPEALS FROM THE COURT OF CLAIMS.

REGULATIONS PRESCRIBED BY THE SUPREME COURT OF THE UNITED STATES UNDER WHICH APPEALS MAY BE TAKEN FROM THE COURT OF CLAIMS TO SAID SUPREME COURT.

I. In all cases hereafter decided in the Court of Claims in which, by the act of Congress, such appeals are allowable, they shall be heard in the Supreme Court upon the following record, and none other:

1. A transcript of the pleadings in the case, of the final judgment or decree of the court, and of such interlocutory orders, rulings, judgments, and decrees as may be necessary to a proper review of the case.

2. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said facts, upon which the court founds its judgment or decree. The finding of facts and conclusions of law to be certified to this court as a part of the record.

II. In all cases in which judgments or decrees have heretofore been rendered, where either party is by law entitled to an appeal, the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal. Said petition shall contain a distinct specification of the errors alleged to have been committed by said court in its rulings, judgment, or decree in the case. The court shall, if the specification of alleged error be correctly and accurately stated, certify the same, or may certify such alterations and modifications of the points decided and alleged for error as, in the judgment of said court, shall distinctly, fully, and fairly present the points decided by the court. This, with the transcript mentioned in Rule 1 (except the statement of facts and law therein mentioned), shall constitute the record on which those cases shall be heard in the Supreme Court.

III. In all cases an order of allowance of appeal by the Court of Claims, or the chief justice thereof in vacation, is essential, and the limitation of time for granting such appeal shall cease to run from the time an application is made for the allowance of appeal.

IV. In all cases in which either party is entitled to appeal to the Supreme Court, the Court of Claims shall make and file their finding of facts, and their conclusions of law therein, in open court, before or at the time they enter their judgment in the case.

V. In every such case, each party, at such time before trial and in such form as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to the due presentation of the case in the finding of facts.

RULES OF THE COURT OF CLAIMS.

Attorneys and Counsel.

1. Suits may be commenced by the claimant in person, or through his attorney in fact, or an attorney of this court. If the claimant is represented by an attorney in fact, the power must be filed with the clerk, and its execution must be proved or acknowledged before an officer authorized to take acknowledgments of deeds.

2. Any person of good moral character, who has been admitted to practice in the Supreme Court of the United States, or in the highest court of the District of Columbia, or in the highest court of any State or Territory, may be admitted, on motion in open court, to practice as an attorney and counsellor of this court.

He may also be admitted by an order at chambers, on its being shown by affidavit or otherwise that he is qualified as above provided.

& There shall be but one attorney of record for the claimant in any case at any one time; but a claimant may be permitted to change his attorney, on such conditions as the court may prescribe. A firm of attorneys will be regarded as the attorney of record.

4. Petitions, pleadings, and motions on the part of the claimant will be signed by the attorney of record; pleadings and motions on the part of the United States, by the Assistant Attorney-General.

5. Attorneys of record, or the claimant if he appear in person, will, on commencing or appearing in a suit, register with the clerk of the court a post-office address, to which all notices required by these rules or ordered by the court may be addressed.

6. Counsel, other than the attorney of record, may be heard on either side at the trial or in any stage of the proceedings, but shall not be entitled to file pleadings, give notices, or make motions.

The Petition.

7. Suits will be commenced by petition, verified in the manner provided by law, and filed in the office of the clerk, with one extra copy in print or type-writing. The clerk will note thereon the day of filing, and will cause one copy to be forwarded to the Attorney-General. Within twenty days thereafter, the claimant will file in the clerk's office twenty-five printed copies of such petition and note of filing, unless the court, on motion, waives this requirement.

The petition must comply with the Revised Statutes, Section 1072, and must also set forth 1.

(1) The title of the action, with the full Christian and surnames of all the claimants.

1 For other allegations, to be inserted in Congressional cases for stores and supplies under Bowman Act, see Rules 92-97; and in cases under French Spoliation Act, Rule 105.

(2) A plain, concise statement of the facts and circumstances, giving place and date, free from argumentative and impertinent matter.

(3) In every case transmitted by the head of a Department, by Congress, or a committee thereof, a copy of the order of transmission shall be set out or annexed.

(4) The prayer, in which the claimant must state distinctly the amount for which he demands judgment, or the relief for which he prays.

8. When the claimant cannot state his case with the requisite particularity without an examination of papers in one of the Executive Departments, and has been unable to obtain a sufficient examination of such papers on application, he may file a petition stating his claim as far as is in his power, and specifying as definitely as he can the papers he requires in order to enable him to state his claim. The court will thereupon call upon the proper Department for such information or papers as it may deem necessary; and when the same are furnished, the petition may be amended, and the amended petition shall be printed and filed, and may take the place of the original petition.

9. If the claimant be an executor, administrator, guardian, or other representative, appointed by a judicial tribunal, a duly authenticated copy of the record of the appointment must be filed with the petition at the commencement of the action.

10. If the claim be founded upon an act of Congress, or upon a regulation of an Executive Department, the act and the section thereof upon which the claimant relies must be specified, and the particular regulation of the Department must be stated in terms.

11. If the claim be founded upon an express contract with the United States, such contract must be set forth in the petition, and, if it be in writing, must be annexed thereto. If it be founded upon an implied contract, the circumstances upon which the claimant relies to prove a contract must be specified. If it consists of several matters or items, each must be separately stated.

12. If the petition be verified by the attorney at law or other agent of the claimant, a power of attorney authorizing him to make the verification must be filed with it.

13. If a claimant desire to amend his petition at any time, he must set forth in his motion the specific amendments desired. If the motion be allowed, he must within twenty days thereafter file a copy of the petition, with the amendments properly incorporated therein, unless the court order otherwise.

14. 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.

Pleas.

15. Demurrers to petitions and general traverses thereof must be filed within two months after the filing of the petition; and pleas averring special defense, set-off, or counter-claim, within one month after the claimant places his case on the notice-book.