페이지 이미지
PDF
ePub

RECORD OF JUDGES AND OFFICERS OF THE COURT.

JUDGES.

Hon. John J. GILCHRIST, of New Hampshire, appointed at the organization of the court. Died April, 1858.

Hon. ISAAC BLACKFORD, of Indiana, appointed at the organization of the court. Died December 31, 1859.

Hon. GEORGE P. SCARBOROUGH, of Virginia, appointed at the organization of the court. Resigned April, 1861.

Hon. EDWARD G. LORING, of Massachusetts, was appointed May 6, 1858.

Hon. JAMES HUGHES, of Indiana, appointed January 20, 1860. Resigned February, 1865.

Hon. JOSEPH CASEY, appointed May 23, 1861; appointed chief-justice March 13, 1863. Resigned November, 1870.

Hon. DaVID WILMOT, of Pennsylvania, appointed March 7, 1863. Died March, 1868.

Hon. EBENEZER PECK, of Illinois, appointed March 10, 1863.

Hon. CHARLES C. NOTT, of New York, was appointed February 22, 1865.

Ilon. SAMUEL MILLIGAN, of Tennessee, appointed July 25, 1868. Died April 19, 1873.

Hon. CHARLES D. DRAKE, of Missouri, was appointed December 12, 1870.

Hon. WILLIAM A. RICHARDSOx, of Massachusetts, was appointed June 2, 1874.

CHIEF CLERK. Hon. SAMUEL H. HUNTINGTOx, of Connecticut, appointed at the organization of the court. Resigned January 1, 1873. ARCHIBALD HOPKINS, of New York, appointed January 14,

1873.

ASSISTANT CLERKS.

EDGAR M. GARNETT, of Virginia, appointed December 15, 1856. Resigned August 1, 1861.

VIII

CHRONOLOGICAL LIST OF JUDGES AND OFFICERS.

JAMES C. WELLING, LL. D., of Washington, appointed November 25, 1861. Resigned August 8, 1867.

JOIN RANDOLPII, of Pennsylvania, appointed December, 1867.

BAILIFF.
STARK B. TAYLOR, of Virginia, appointed June 6, 1863.

Law officers for the Government in the Court of Claims.

SOLICITORS.

MONTGOMERY BLAIR, of Maryland.
R. H. GILLETT, of New York.
CHARLES GIBSON, of Missouri.
JOHN A. BINGHAM, of Ohio.
W. W. KETCIAM, of Pennsylvania.
ELI P. NORTON, of New York.

ASSISTANT SOLICITORS.

DANIEL RADCLIFF, of Maryland.
JOHN D. MCPHERSON, of Washington.
JOHN J. WEED, of Illinois.

DEPUTY SOLICITORS.

JOHN D. MCPHERSON, of Washington.
JOIN B. KERR, of Maryland.

ASSISTANT ATTORNEYS GENERAL.

THOMAS H. TALBOT, of Massachusetts.
WILLIAM McMICHAEL, of Pennsylvania.
JOHN GOFORTH, of Pennsylvania,
THOMAS SIMONS, of New York.

SPECIAL COUNSEL OF THE TREASURY

(A bandoned or captured property cases.) ROBERT S. HALE, of New York.

REVISED RULES OF PRACTICE

OF

THE COURT OF CLAIMS.

1876.

Rule.

Rule.
I. The petition.

XXIII. Evidence, (deposition.)
II. Femmes covert, infants, &c. XXIV. Evidence, (interrogatories.)
III. Executors.

XIV. Evidence, (documentary.) IV. Discovery.

XXVI. Evidence, (duces tecum.) V. Demurrers and pleas.

XXVII. Evidence, (objections.) VI. Grounds of demurrer.

XXVIII. Evidence, (witness to be VII. Amendment.

produced before court.) VIII. Counter claims.

XXIX. Evidence, (foreign deposiIX. Frauds.

tions.) X. Record and dockets.

XXX. Briefs. XI. Trial.

XXXI. Printing. XII. Printed trial-docket.

XXXII. Notices. XIII. Attorney and counsel.

XXXIII. Time. XIV. Claimant in pro. per.

XXXIV. Non pros. and discontinuXV. Commissioners. XVI. Duties of comipissioner. XXXV. Motions and orders. XVII. Commissioners' fees.

XXXVI. Appeals. XVIII. Subpena.

XXXVII. Findings of fact. XIX. Witnesses.

Regulations prescribed by the SuXX. Evidence, (order for.)

preme Court of the United States XXI. Evidence, (oflicer.)

under which appeals may be taken XXII. Evidence, (hy deposition.) from the Court of Claims.

1.-THE PETITION.*

ance.

Every claim shall be stated in a petition, addressed to the court and signed by the claimant or his attorney.

The petition shall set forth : 1st. The title of the action, wherein shall be set forth the full Christian and surnames of all the claimants.

* Section 1072 of the Revised Statutes provides as follows: "The claimant shall, in all cases, fully set forth in his petition the claim, the action

or by any of the Departments, if such action has been had; what persons are owners thereof or interested therein, when and upon

thereon in Congress,

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

3d. The prayer, in wbich the claimant must state distinctly the amount for which he demands judgment or the relief to which he may be entitled.

4th. The verification required by law.

5th. The post-office address of the claimant and of his attorney.

The claimant may append to his petition as exhibits the instru. ments or documents to hich refers; but shall not insert the same in the body of the petition.

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. If the claim is founded upon an express contract with the Government of the United States, such contract must be set forth in the petition, and, if it be in writing, in the words of the contract. If it be founded upon an implied contract, the circumstances upon which the claimant relies, as tending to prove a contract, must be specified. If it consist of sereral matters or items, each shall be separately stated.

In all cases where the petition of the claimaut is signed and the affidavit thereto made by the agent or attorney of the claimant, there shall be filed with the petition a regular warrant of attorney, duly executed by the claimant to the party so acting on his behalf. And on failure to file such warrant of attorney the petition will be dismissed.

The claimaint, when, or within ten days after, he files his peti. tion, shall deliver to the clerk twenty-five printed copies thereof what consideration such persons became so interested; that no assignment or transfer of said claim, or of any part thereof or interest therein, has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States, after allowing all just credits and off-sets; that the claimant, and, where the claim has been assigued, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney."

[ocr errors]

for the use of the judges and the Attorney-General. The printed copies must show the clerk's indorsement of the filing of the original with the date thereof.

II.-FEMMES COVERT, INFANTS, &c. When a femme covert is claimant, her husband may or may not be joined with her as a party, as may be required or authorized by the law of the place where the cause of action arose. (See Benton's Case, 5 C. Ols. R., p. 692.)

When an infant, lunatic, or other person not sui juris is claimant, he must be represented by a guardian, trustee, or other representative, legally appointed by the tribunal having jurisdiction of the person or estate of such claimant. The ap. pointment of the representative, duly authenticated, must be filed with the petition at the commencement of the action.

III.-EXECUTORS, &c. If the claimant die pending the suit, his proper representative may, on motion, be admitted to prosecute the claim, upon filing a duly-authenticated copy of the letters testamentary or of administration granted to such representative.

IV.-DISCOVERY. When the petitioner 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 suffi. cient examination of such papers on application, he may file a manuscript 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 there. upon make a special order calling upon the proper Department for such information or papers as it may deem necessary, to be delivered to the clerk of the court, to be filed in his office. When such information or papers shall have been transmitted to the clerk, the manuscript petition may be amended, and the amended petition printed and filed, and may occupy upon the docket the place of the original petition.

V.-DEMURRERS AND PLEAS. Demurrers to petitions, general traverses thereof, and pleas of limitation, must be filed within sixty days after the filing of the petition.

« 이전계속 »