him, and be signed by him in the presence of the officer." 36 "The officer should so connect the sheets of the deposition that they cannot be tampered with, and should return them sealed together. He should sign, and make the witness sign, each sheet; and generally he should spare no pains to return to the court the exact evidence he has taken. All exhibits should be carefully marked so as to be capable of immediate identification, and, when practicable, should be attached to the deposition under seal." 37 "The officer must state, in the caption of the deposition, the cause in which it was taken, the place and date of taking, the name of the witness, the party by whom called, and the names of the parties and counsel present. And in the body of the deposition must also be shown by whom the witness was examined and cross-examined." 38 "In his return the officer must show that the witness was properly sworn or affirmed, and that the answers were taken down in his presence, and read over to and signed by the witness." "The officer must enclose the commission, depositions, and exhibits in a packet, under his seal, and direct the same to the clerk of the court at Washington, and deposit the package in the postoffice, or in an express office, or he may transmit the same by a messenger, whose name shall be by him indorsed on the packet." "If the officer's fees be not paid at the time of taking the deposition, he should indorse on the outside of the packet the gross amount of his fees and disbursements, and inclose inside a detailed statement thereof. The packet must not be opened until the party for whom the depositions were taken deposits with the clerk the amount indorsed thereon. The clerk will then open the packet, and tax the officer's charges at the rates hereinafter provided, and will immediately transmit to him the amount taxed, returning the overplus, if any, to the party. The money will be transmitted by draft or registered letter, and the clerk will retain his vouchers therefor." 41 40 36 Ct. Cl. Rule 37. 37 Ct. Cl. Rule 38. 38 Ct. Cl. Rule 39. 39 Ct. Cl. Rule 40. 40 Ct. Cl. Rule 41. 41 Ct. Cl. Rule 42. "The fees shall be three dollars a day for attending to take the depositions, and fifteen cents a folio of one hundred words for taking and returning it; but this per diem allowance is limited to one day for a deposition or series of depositions taken in the same case. Shorthand reporters, acting as special "Objections to the notice, or the form and manner of taking or returning the testimony, must be made in writing, and filed within one month after notice of the filing of the deposition, or they will be considered as waived." 42 "The Attorney-General may offer in evidence properly certified information and papers from any executive department, without calling for the same under the provisions of section 1076 of the Revised Statutes. A call for such information and papers will be made at claimant's request, on the approval of a judge in chambers. On the receipt of an answer to the call, the clerk will notify the claimant's counsel and the AttorneyGeneral by post." 43 "All information or papers furnished by an executive department in response to a call, or through the Attorney-General, is subject to objection by either party according to the rules of evidence at the common law; but neither party will be required to produce the originals of such papers, or to prove their exécution, unless within one month after the return is filed the party objecting to such papers enter of record in the clerk's office a written denial of their genuineness. Such information and papers in reply to a claimant's call, not objected to by him within ten days after return of the call, will be regarded as evidence offered by claimant." 4 "Whenever it is charged in a petition that a contract has been made or other liability incurred through an officer or agent of the United States, other than the head of an executive department or the chief of a bureau, the claimant will be required to prove that such person was an officer or agent of the United States, by the certificate of the proper executive department, or by other legal and sufficient evidence." "Any information or papers certified from any executive department, and filed in any cause, may be used and applied in any other pending cause to which the same may be applicable or perti commissioners, will receive, in addition to these fees, ten cents a folio for writing out the deposition from their notes." Ct. Cl. Rule 43. "Any permanent commissioner charging in excess of the prescribed fees, except under a previous written agreement with the parties, will be deemed guilty of improper and illegal con duct, and his commission will be re- 43 Ct. Cl. Rule 46. As to what documentary evidence is admitted, see The Ship Parkman, 35 Ct. Cl. 406, 409; Block v. U. S., 7 Ct. CL. 406. 44 Ct. Cl. Rule 47. 46 nent. To entitle such information or papers to be used, copies thereof must be filed in such other cause before the same shall have been placed on the trial docket." "The court may, at the instance of the Attorney-General, order any claimant, his agent or attorney, to produce 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." 47 for on ; de "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 claimant (or defendants, as the case may be), taken at the day of 19-; claimant's counsel, fendant's counsel, 99 48 "Where an answer of a department is printed as evidence the call for the same must be printed therewith." 49 "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." 50 "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 re 46 Ct. Cl. Rule 49. 47 Ct. Cl. Rule 50. 48 Ct. Cl. Rule 63, 49 Ct. Cl. Rule 64. 50 Ct. Cl. Rule 65. 53 "The garded as evidence offered on the part of the defense." 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." 52"No deposition, 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." "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." "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." 55 54 "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 51 Ct. Cl. Rule 66. 52 Ct. Cl. Rule 67. 53 Ct. Cl. Rule 68. 54 Ct. Cl. Rule 69. 55 Ct. Cl. Rule 99. open court, or their depositions were regularly taken under the rules of this court." 56 "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." 57 "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." 58"No such deposition shall be printed unless authorized by a judge of the court." 59 "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." 60 § 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." 56 Ct. Cl. Rule 101. 57 Ct. Cl. Rule 102. 58 Ct. Cl. Rule 103. 59 Ct. Cl. Rule 104. U. S. R. S., § 1074. After the taking of testimony is closed and the case placed on the calendar, neither party can take new testimony with out an order of the court upon an application, when the new facts "Motions must sought to be proved must be stated |