a petition, under oath, setting forth specifically and concisely how he claims to be so interested, and submitting the questions raised to the decision of the court.

95. If no claimant, directly or indirectly interested, appears and files his petition within said two months, the Attorney-General or Assistant Attorney-General charged with defending the Government in this court, may set the case down for trial upon such evidence as he may submit.

Congressional Cases.

96. Within two months after the filing of a case transmitted to the court by Congress, or either House, or by a committee, or within such further time as the court may allow, any person directly interested in the case may appear as a party therein, by filing his petition, under oath, in ac. cordance with Rule 7.

Thereafter the case shall be proceeded with in like manner, and subject to the same rules, so far as applicable, as other cases in the court under its general jurisdiction.

97. In cases for stores and supplies the petition, or if already filed, an amended petition, shall embrace the following:

a. An allegation as to loyalty of the party from whom the supplies were taken, or person furnishing same.

b. If the suit is by legal representative it must be alleged when and by what authority such party was appointed such representative. And it must be alleged that the claimant brings into court his warrant of authority.

c. It must be alleged that the claim was before the Southern Claims Commission, Quartermaster-General, or Commissary-General of Subsistence, and with what result, together with a brief statement of the ground given therefor.

d. It must show the items of account before said Commission or officers, and which of said items are now presented to this court.

e. It must be stated which house of Congress or committee referred the case, with the date thereof.

f. It must be stated what troops or command took or were furnished the supplies, when they were taken, and at what place taken.

98. No submission of a case on loyalty or merits will be permitted until the following requirements are complied with by claimant's attorney, under the supervision of the bailiff:

a. When petition is on loyalty, the petition, all reports previously made by any officers on the subject, abstract of evidence, briefs on both sides, and other most important papers relied upon by either party, must be selected, strapped together, and placed on top of the bundle of papers to be sent to the conference room.

b. When submission is on merits, two extra copies of petition, the reports of officers previously made on the merits of the claim, abstract of evidence, with the original evidence, requests for findings, briefs on both sides, finding of loyalty, and a statement of the case, made up by filing one of the blank findings printed for the court, down to the allegations of the petition, must in like manner be strapped together and put at top of bundle to be sent to conference room.

Loyalty in Cases for Supplies, etc.

99. 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.

100. Cases for decision on preliminary questions of loyalty may be submitted without being put on the trial docket as prescribed by Rule 51. But each party must file one type-written copy of a brief referring to the evidence relied upon, or giving a full abstract of the same, and must comply with Rule 98.

Depositions, etc., before Southern Claims Commission.

101. 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 afore said, 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.

102. 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 if they had been transmitted with the claim.

103. 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.

104. No such depositions shall be printed unless authorized by a judge of the court.

French Spoliation Claims.

105. Parties having a common interest, growing out of the seizure of the same vessel or its cargo, may unite in one petition for the recovery of their respective claims, which may be heard together.

Where insurance was made in his own name by one for himself and others, or as agent for others, or by a keeper of an insurance office, in either case, or in case of an agent for underwriters, in respect of a policy or a loss thereunder from spoliation, his administrator, appointed in the jurisdiction of his last domicile, may file one petition on each policy for all the underwriters thereon, and the personal representatives of the underwriters may come in and be heard thereon in respect of their respective interests. To avoid multiplicity of petitions in behalf of separate underwriters

upon a single policy, the personal representative of any one may file a petition for his decedent setting up the interests of all underwriters upon the same policy, and thereafter.

On or before January 20, 1887, the representatives of any or all the other underwriters on the policy may by motion be permitted to become parties to that petition, and they will be heard as to their respective interests after filing letters of administration.

When the petition of the owners of a vessel or its cargo sets out an insurance thereon, the insurers may, under the same restrictions and in the same manner, on motion, prosecute their respective interests in the same

case.

Where claimants are firms or joint owners the petition of the personal representative of the last survivor may be made in behalf of all, and the personal representatives of the others may come in and be heard in respect to their interests.

106. Before the defendant shall be required to place any case on trial, the claimants on account of the vessel, cargo, or insurance, or some one or more of them concerned in the same seizure, shall furnish to the AttorneyGeneral a printed statement of alleged facts under the heads hereinafter set out.

At the time of trial one copy shall be furnished to each of the judges. Documents not printed in the record must be numbered, put in envelopes (as far as practicable), and noted on the outside thereof.

Under each head reference must be made to the pages of the printed record, and to unprinted and separate documents by number of envelope and number of paper therein, or other convenient designation, relied upon in support of allegations.

No case can be submitted until these requirements are complied with.

Form of Statement.

TITLE OF CASE.

(1) Name of vessel and master.

Docket number of each case with names of claimants, and, where there are intervenors, their names to be set out under the case in which they intervene, with the number of any separate petition by them; to be made up after the manner of the case of the schooner "Phoenix," reported to Congress thus:

Schooner Phoenix - Solomon Babson, master.

129. Thomas Cushing, administrator of Marston Watson, claimant. 3162. Charles T. Lovering, admimistrator of Joseph Taylor, claimant. James C. Davis, administrator of Cornelius Durant, claimant. 260. Charles F. Adams, administrator of Peter C. Brooks, claimant. William Sohier, administrator of Nathaniel Fellowes, claimant. (4264) Francis M. Boutwell, administrator of Benjamin Cobb, claimant.

(4257) Charles F. Hunt, administrator of Joseph Russell, surviving partner of Jeffrey & Russell, claimant.

Frederick O. Prince, administrator of James Prince, claimant.

Thomas H. Perkins, administrator of John C. Jones, claimant.

VESSEL.

(2) Name of owners, and their respective shares.

(3) When and where built.

(4) Register.

(5) Date of sailing and points of departure and destination.

(6) Seizure and condemnation.

(7) Facts relied upon as showing illegality of condemnation.

(8) Insurance on vessel or freight, naming all the underwriters and amount admitted to have been paid to each owner on account of loss, and from whom received. Refer to policies and other evidence.

CARGO.

(9) Owners of cargo, stating each separately, and whether the interest be in whole or divided, with number of cases in which they appear. (10) Value of cargo and of each claimant's interest therein.

(11) Insurance on cargo, naming all the underwriters and amount admitted to have been paid to each owner on account of loss, and from whom received. Refer to policies and other evidence.

(12) Assignments.

VESSEL, CARGO, AND INSURANCE.

(13) When there are adverse claimants, the facts alleged by each claimant to be specified.

(14) In cases of intervention, the date or filing of motion, and case in which filed, to be stated with reference to envelope in which same are to be placed.

(15) Evidence of citizenship of claimants and identity must be referred to under their respective names.

(16) Tine of death of partners when administrator sues as representative of survivor.

(17) Administrators, receivers, and assignees, when and where appointed, and evidence of appointments.

(18) When facts relied upon as found in other cases, such cases must be specifically referred to.

RECAPITULATION AND SUMMARY.

Name of each claimant, stating number of petition, and where printed or found, and when an intervenor, the date of intervention and where motion is found, and setting forth exactly in items what is claimed by him in all, as owner of vessel or cargo, or as insurer, stated separately and with references as aforesaid, so that the court may readily find all the evidence necessary to state each claimant's case distinctly.

107. In all other respects the general rules of the court shall, so far as applicable, be the rules under the French Spoliation Act.

VIII.

RULES OF COURT OF PRIVATE LAND CLAIMS.

I. Duties of the Clerk.- The clerk shall be the custodian of the records of the court. He shall keep the following records at each place at which the regular terms of the court are held, viz., a journal in which he shall record all orders, decrees, and judgments entered by the court, an appearance docket in which he shall enter the title of all claims or causes filed or brought in the court at that place, and in which he shall note the filing of the petition and all pleadings filed subsequent thereto, and a reference showing the journal page of all orders and entries made in the progress of the cause.

He shall also keep a book for the use of the court at each term, in which he shall enter each cause then pending at that place and undisposed of, by its title, leaving sufficient blank space opposite each case for the entry by the court of the memoranda of orders and judgments.

And the clerk shall keep an office at each place, at which the regular terms of court are held. Every cause brought by a claimant of land under the provisions of the 6th and 8th sections of the Act approved March 3, 1891, establishing the court, shall be entitled in the name of such claimant or claimants as plaintiff, against the United States and such other person or persons as may be designated as holding or claiming adversely to the plaintiff as defendant, and such title shall be preserved in the pleadings, and all other papers filed in the cause, and in all journal entries made during its progress, and all writs, citations, and processes issued therein, and all causes brought by instruction of the Department of Justice as provided by the 8th section of said Act, and in all journal entries, writs, citations, and processes therein, the United States shall be designated as plaintiff, and the adverse party or parties as the defendant.

The clerk shall keep a roll of attorneys. Any attorney who is a member of the Supreme Court of the United States, or of any Circuit Court of the United States, or of the highest court of the State or Territory in which he resides, shall, upon exhibiting his certificate of admission to the clerk, be entitled to have his name entered upon the roll of attorneys, and to appear in any cause pending before the court.

Actions relating to lands in Wyoming, Nevada, Arizona, or Utah, may, at the election of plaintiff, be brought and presented at either of the places where the regular terms are held.

II. As to the Filing of Petitions, etc.-Every person filing a petition in this court for the confirmation of any claim to land under any grant, shall at the time of filing such petition, deliver to the clerk of the court, or the deputy clerk, the original documents constituting or creating such grant, also the original documents of all intermediate assignments or