Special defenses, other than the plea of limitation, must be pleaded within thirty days after the claimant places his case on the notice-book.

The time for pleading may, for good cause shown, be extended by the court.

VI-GROUNDS OF DEMURRER.

When the Attorney-General demurs to the petition, he shall set forth the grounds of the demurrer specially in writing, and file the same of record. But if the ground of demurrer be that the petition does not set forth facts sufficient to constitute a cause of action, that objection may be stated generally.

VII. AMENDMENT.

After the decision on the special demurrer, the claimant may amend within thirty days, except where the demurrer is sustained on the ground of want of jurisdiction or legal capacity in the claimant to sue, in which case the petition shall be dismissed.

VIII.-COUNTER-CLAIMS, &C.

Where a set-off, counter-claim, or other special defense on the part of the United States is set up by the Attorney-General, the grounds of such defense shall be distinctly set forth and filed before the hearing of the cause. And the claimant shall, within thirty days after receiving notice of the filing of the same, file his answer thereto, verified by affidavit.

IX.-FRAUDS.

When the Attorney-General shall plead, under section 11 of the act of 3d March, 1863, (12 Stat. L., p. 763,) that the claimant has practiced or attempted to practice fraud, he shall set forth the grounds and facts of the defense. The claimant shall, within two months after notice of the filing of such plea, file his answer to the same, verified by affidavit.

X.-RECORD AND DOCKETS.

There shall be kept by the clerk

1. A record, in which the proceedings of the court shall be entered. Motions and interlocutory orders, when in writing, shall not be entered in extenso upon the record, but an abstract of the same.

2. A General Docket, in which shall be entered an abstract of all the proceedings in each case, with a reference to the papers filed.

3. A Trial Docket, upon which shall be placed the cases for hearing upon evidence.

4. A Law Docket, on which shall be placed cases upon demurrer and motions ordered for hearing.

5. A Judgment Index, in which shall be recorded an abstract. of every final judgment or decree, containing the name or names of the claimants, the number and term of the case, the general docket and page upon which it is entered, the date and amount of the judgment, the time when the appeal, if any, is entered, the result of the appeal, and the date of the mandate of the Supreme Court, and the date when the judgment is certified for payment.

6. A Notice-Book, in which shall be entered the notices of the claimants, as provided by Rule XI.

The clerk's office shall be open from 9 o'clock a. m. to 4 o'clock p. m., except that on Saturdays and in vacation it will be closed. at 3 o'clock p. m., and during the Christmas holidays at 1 p. m.

XI.-TRIAL.

When the testimony in chief is closed, and the printed copies. of the claimant's depositions are deposited in the clerk's office, the claimant, by notice to the clerk, may place the case upon the notice-book. No testimony in chief will be admitted after a claimant has placed his case upon the notice-book, except by order of the court.

At the expiration of two months from the time when the case went upon the notice-book the claimant, by ten days' notice to the clerk, coupled with the filing of his brief at the same time, unless it has been previously filed, may place the case on the trial docket. If a claimant thus places a case on the trial docket, and suffers it to remain there, he assumes the responsibility of being ready, as against the defendants, when the case shall be reached. If he be not ready, the defendants may still insist on the trial, unless the claimant ask for a continuance for the term, and such continuance be granted.

The trial docket will be made up monthly. Cases will go upon it in the order in which notices of trial have been filed.

The peremptory call of the trial docket will begin on the

Tuesday after the first Monday of each month during the term. A stated number of cases will be called each day.

Cases in which counsel reside at a distance may be set down once during the term for a day certain, with the consent of the Attorney-General, without regard to their position upon the trial docket.

Cases ready on the part of the claimant, but continued for the term on the motion of the defendants, shall be placed at the head of the trial docket of the next term. Cases continued at the instance of the claimant shall be brought on by notice of trial in the usual way. Cases stricken from a trial docket by the court may be placed by the claimant, when ready, on a subsequent trial docket, by the usual notice of trial. Cases ordered to a subsequent trial docket by the court will be placed there by the clerk without action by the claimant.

The law docket will be taken up on Monday of each week during the term.

XII.-PRINTED TRIAL DOCKET.

The clerk shall furnish printed trial and argument dockets to the court from time to time, which shall contain the names of parties and the counsel, and the position of each case.

XIII.-ATTORNEY AND COUNSEL.

No counsel will be permitted to practice in the court unless he is a man of good moral character, and has been admitted or licensed 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 some State or Territory, of which admission he shall furnish evidence satisfactory to the court.

An attorney-at-law licensed to practice in the courts of record of any State or Territory may file an affidavit made before a person authorized to administer oaths under the laws of the United States, showing when, where, and in what courts he has been admitted, and that he is still entitled to practice therein. Upon such an affidavit the court, or the Chief-Jus tice or one of the judges in vacation, will direct an order admitting such attorney to practice as an attorney in this court. But the admission as attorney will not authorize the attorney to appear in open court as counsel till admitted as before provided.

The attorney of record in every case shall be recognized as entitled to control the conduct thereof, and to represent the claimant in obtaining and receiving payment of the judgment therein rendered, or in taking appeal.

The attorney instituting a suit will be regarded as the attor ney of record therein, if he shall have been admitted to practice in this court. If not admitted, he must become so, or the claimant must file a written authority to some attorney of this court to act as his attorney of record.

A firm of attorneys will be regarded as the attorney of record. A claimant may, with the leave of the court, change his attorney of record, by filing in the court a writing to that effect, accompanied with the consent of the attorney to be superseded; or the court may, on the claimant's application, supersede an attorney of record, and substitute another.

Claimants may, in the argument of causes, be represented by counsel other than the attorney of record, but such counsel shall not be considered as entitled to control the conduct of

the case.

XIV.-CLAIMANT IN PRO. PER.

Any claimant may appear in person and manage his own case.

XV.-COMMISSIONERS.

The court will appoint permanent commissioners for the taking of testimony, and special commissioners as circumstances may require.

Every permanent commissioner shall take an oath, before he enters upon his duties, that he will faithfully discharge them so long as his commission remains in force; and every special com. missioner shall take an oath faithfully to discharge his duties. The form of a commission to a permanent commissioner shall be as follows:

COURT OF CLAIMS,

of

in the county of

:

To and State of You are hereby appointed a commissioner, for the term of two years, for the State of to take the testimony of such witnesses as may come before you, to be used in the investigation of such claims as 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. You will take no deposition unless by consent of the parties, until it is shown to you, by the return upon the original notice, that the adverse party has been duly notified, and if he do not appear, you will affix the original notice to your certificate, and return it therewith for the information of the court.

When special commissions are issued, such variations from the above form as may be necessary will be made.

Judges of the courts of the United States, and judges of courts of record in the States and Territories of the United States, shall be ex-officio commissioners to take testimony to be used in this court. Commissioners appointed by the circuit and district courts of the United States for the purpose of taking testimony, may take testimony in the circuits or districts for which they are respectively appointed, to be used in this court.

XVI.-DUTIES OF COMMISSIONER.

All witnesses shall be sworn or affirmed, before any questions are 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, if under twenty-one years, his place of residence, whether he has any, and, if any, what, interest, direct or indirect, in the claim which is the subject of inquiry; and whether, and in what degree, he is related to the claimant. At the conclusion of the deposition, the witness shall state whether he knows of any other matter relative to the claim in question; and if he do, he shall state it. The testimony of the witness when com. pleted shall be read over to him by the commissioner, and be signed by him in the presence of the commissioner.

Where a deposition is taken by oral examination, the questions propounded to the witness shall be written down by the commissioner, and the answers thereto shall be taken as nearly as can be in the words of the witness. Where a question is objected to, the objection shall be written down by the commissioner.

Where a deposition is taken upon written interrogatories neither the Attorney-General, nor the claimant, his agent or attorney, nor any other person, shall be present at the examination of the witness, which fact shall be certified by the commissioner taking the deposition. The commissioner shall, in such cases, propound the interrogatories and cross-interrog atories, if any, to the witness, in their order, and reduce his answers to writing as nearly as practicable in the precise words of the witness.

The commissioner shall state, in the caption of the deposition, the cause in which it was taken, the place where taken, the