be in writing, signed by the attorney of record, and must give the title and number of the case and the term at which they are made; and in no case shall the clerk enter the motion unless this rule shall be complied with. Any brief filed in connection with a motion must be printed or type-written." 2 "No order will be entered by the clerk unless it be directed from the bench, or be reduced to writing and marked 'Allowed' by the Chief Justice or one of the judges." "The clerk will not file any paper unless it be properly indorsed with the title and number of the suit and the name of the attorney filing it."4 "Parties filing petitions, pleadings, and motions, except motions for calls on Departments, must at the same time leave with the clerk written notice thereof, addressed to the attorney of the adverse party, with postage prepaid, and the clerk will mail the same and note the fact on the general docket. All other notices to adverse parties may be served in like manner. The clerk's entry on his docket will be prima facie evidence of the service. In the computation of time the day of service will be excluded, and the day on which a party is required to appear, or on which an act is required to be done, will be included." 5 § 450. Abatement and revivor." 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.” 1 1 "On the death of a sole claimant, if his executor or administrator does not come in and prosecute the action, as provided in Rule 14, on or before the first ten days of the next term after the suggestion is made, the case may be dismissed, provided the Attorney-General shall have served notice upon the attorney of record in the case three months at least before the commencement of such term." Where there is a dispute as to the proper party to revive, the proceedings may be stayed till the determination of the State court of probate.3 2 Ct. Cl. Rule 20. 3 Ct. Cl. Rule 21. 4 Ct. Cl. Rule 22. 5 Ct. Cl. Rule 23. § 450. Ct. Cl. Rule 14. 2 Ct. Cl. Rule 75. See Atlantic Constr. Co.'s Case, 35 Ct. Cl. 30. 3 Cosgrove, Adm'x, v. U. S., 33 Ct. Cl. 167. § 451. Discontinuance and withdrawal of papers.-"Where fraud or set-off is pleaded, the claimant shall not, without leave of the court, discontinue his suit. In other cases he may do so, either in open court, or with the approval of a judge in vacation." "Papers shall not be withdrawn from the files. except on motion for good cause shown, and upon such terms. as the court or a judge may order."2 A claimant cannot dismiss his own suit without the consent of his attorney or the permission of the court. When two suits have been brought upon the same claim, that first brought must first be tried, unless it is discontinued by permission of the court." § 452. Trials in Court of Claims. "The claimant may at any time give notice to the Attorney-General that his proof is closed on the merits, by an entry to that effect in the notice. book in the clerk's office. If the Attorney-General shall not within two months thereafter file a request for further time. to take proof, the claimant may, at any time after the expiration of that period, have the case placed on the trial list, provided he has filed requests for findings and brief."1 "The clerk shall not place a case on the trial list until the claimant files in the clerk's office twenty-five printed copies of a brief stating the points of law on which he relies, with reference to authorities, and twenty-five printed copies of the request for facts required by Rule V of the 'Regulations prescribed by the Supreme Court of the United States under which appeals may be taken from the Court of Claims." " "Such request must be in the following terms: 'The claimant, considering the facts hereinafter set forth to be proven, and deeming them material to the due presentation of this case in the findings of fact, requests the court to find the same as follows.' Following this request must be a statement, in the form of distinct numbered propositions, of the facts which the party desires to have found; and each proposition must be so prepared with respect to its length, subject, and phraseology, that the court may conveniently pass upon it; and they must be so arranged as to present a concise statement, in orderly and logical sequence, of the whole case, as the party desires it to ap § 451. Ct. Cl. Rule 74. 2 Ct. Cl. Rule 90. 3 Redfield's Case, 27 Ct. Cl. 473. 4 Ibid. 1g 452. Ct. Cl. Rule 51. 2 Ct. Cl. Rule 52. pear in the findings of fact. Subjoined to each proposition must be references to the pages of the record or to the unprinted evidence relied on in its support; but no evidence must be set out. Documents which may enter into the findings of fact need not be presented in the statement, but may be referred to therein by the pages of the record." "The AttorneyGeneral, within one month after the filing of the claimant's brief and request, must file his brief and request for findings of fact, and should indicate the requests on the claimant's part to which no objection is made. Such request must be in form and substance like that required of the claimant by the next preceding section." "The attorney of each party shall append to his brief a table of each deposition, letter, document, or other paper which he may offer in evidence on the trial, with references to the pages of the record, if they be there, and if they be not of the printed record, then to the places where they may be found."5 "If the claimant neglect, for two years after filing his petition, to close his proof and give notice to the Attorney-General, as required by Rule 51, the defendants may place the case on the trial list."6 "Whenever, in any case which the claimant has not put on the trial list, it shall be shown to the court that an early decision thereof is important to the interests of the Government, the case may, in the discretion of the court, be placed on the trial list by the defendants."7 "When the defendant's brief and request are filed the case will be considered as ready for trial, and, when reached, a continuance will not be ordered, except by consent of parties or for good cause shown." 8 "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." 10" No case will be heard for trial unless the printed pleadings, evidence, and briefs be made up in book form to Ct. Cl. Rule 53. 4 Ct. Cl. Rule 54. 5 Ct. Cl. Rule 55. 7Ct. Cl. Rule 57. 9 Ct. Cl. Rule 59. 6 Ct. Cl. Rule 56. 10 Ct. Cl. Rule 60. gether and paged consecutively, and a copy thereof furnished to each member of the court at the hearing; and all citations from, or references to, such pleadings, evidence, and briefs must be by the consecutive paging of such book." "1 "The law docket will be taken up on Monday of each week during the term.” 12 "Cases for decision on preliminary question 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." 13 11 Ct. Cl. Rule 61. 12 Ct. Cl. Rule 62. 13 Ct. Cl. Rule 100. The following rule relates to the trial of French spoliation claims: "Before the defendants 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 sepa rate documents by number of envel ope 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, adminis trator of Marston Watson, claimant. 3162. Charles T. Lovering, administrator 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 and Russell, claimant. Frederick O. Prince, administrator of James Prince, claimant. Thomas H. Perkins, administrator of John C. Jones, claimant. 453. References by Court of Claims.- The Court of Claims cannot delegate its powers, but may refer cases involving complicated accounts and facts to a special commissioner to state the accounts, marshal the assets, and adjust the losses.1 Where several persons seek to recover the proceeds of property from a common fund, a reference is proper. If the claimant's neglect to furnish items makes a reference necessary, he must bear the expense. Notice of a reference must be given to all parties thereto. Exceptions should be taken if a party is not satisfied with the commissioner's findings.5 4. Register. 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 re 5. Dates of sailing and points of ferred to under their respective 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 pol icies and other evidence. Cargo. 9. Owners of cargo, stating each separately, and whether the interest be in whole or divided, with number of case in which they appear. 10. Value of cargo and of each claimant's interest therein. 11. Insurance of cargo, naming all the underwriters and amount admitted to have been paid to each owner on account of loss, and from Refer to policies whom received. and other evidence. Vessel, Cargo, and Insurance. 12. Assignments. 13. When there are adverse claimants, the facts alleged by each claimant to be specified. 14. In case of intervention, the date of filing of motion, and case in names. 16. Time 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 specially 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." Ct. Cl. Rule 106. § 453. Intermingled Cotton Cases, 92 U. S. 651. 2 Persons v. U. S., 10 Ct. Cl. 502; Crowell v. U. S., 6 Ct. Cl. 23. 3 Jones v. U. S., 4 Ct. Cl. 197. 5 Bright v. U. S., 12 Ct. Cl. 646. |