name of the witness, the party by whom called, the date, and the names of the parties, and counsel present. And in the body of the deposition shall also be shown by whom the witness was examined and cross-examined.

In his return the commissioner shall show that the witness was properly sworn or affirmed, and that the answers were taken down by the commissioner, and read over to and signed by the witness.*

The commissioner shall inclose the commission, depositions, and exhibits, if any, in a packet under his seal, and direct the same to the clerk at Washington, and deposit the packet in the post-office, or in an express-office, or he may transmit the same by a messenger, whose name shall be by him indorsed upon the packet.

XVII-COMMISSIONER'S FEES.

If the commissioner's fees be not paid at the time of taking the depositions, he shall indorse on the outside of the package containing the depositions taken for either party, the gross amount of his fees and disbursements, and inclose therein a detailed statement thereof, and shall immediately transmit the same to the clerk. The package shall not be opened until the party for whom the depositions were taken shall deposit with the clerk the amount indorsed on the package. The clerk will then open the package, and tax the commissioner's charges, as hereafter 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.

The fees shall be three dollars a day for attending to take the deposition, and twenty cents a folio of one hundred words for taking and returning it; but this per diem allowance is limited for one day for a deposition or a series of depositions taken in the same case. Short-hand reporters, acting as special commissioners, will receive, in addition to these fees, ten cents a folio. for writing out the deposition from their notes.

* Catharine Martin v. The United States. (3 C. Cls. R., 384.)

PER CURIAM: "A commissiouer should so connect the sheets of a deposition that they could not be tampered with, and should return them sealed together, so that the unbroken seal would be conclusive proof in their favor. He should sign each sheet, 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."

Any 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 conduct, and his commission will be revoked.

XVIII. SUBPOENA.

The form of a subpoena shall be as follows:

You are hereby commanded to appear before appointed by this court to take depositions, on the

18-, at

case of

day of ―, A. D. o'clock in the noon, then and there to testify in the against the United States, now pending in this court.

Fail not of appearance, at your peril.

If the witness, having been duly summoned and his fees tendered him, shall fail or refuse to appear and testify before any commissioner, a rule upon him shall be issued, on motion, to show cause why a fine should not be imposed upon him; and if he fail to show sufficient cause, he shall be fined not exceeding one hundred dollars.

The fees of witnesses shall be such as are now, or may hereafter be, prescribed by Congress, and shall be paid by the party at whose instance the witnesses appear.

XX. EVIDENCE, (ORDER FOR.)

When a petition is filed, the clerk shall enter, as of course, an order for taking testimony. Thereupon either party may proceed to take testimony, notwithstanding that issue of fact has not been joined, or that issue on demurrer may be pending. The defendants will proceed, if practicable, notwithstanding that the testimony in chief is not closed; and the claimant in rebuttal, notwithstanding that the testimony in defense is not closed.

XXI.—EVIDENCE, (OFFICER.)

Whenever it is charged in the 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 De

partment 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.

XXII.—EVIDENCE, (BY DEPOSITION.)

The party proposing to take depositions shall cause fifteen days' notice to be given thereof to the Attorney-General, or to the claimant or his counsel, as the case may be. The notice must be in writing, and state the names of the witnesses to be examined, the day of the month, the hour, and the place of taking the deposition, and be subscribed by the Attorney. General or counsel acting for the United States, or by the claimant or his attorney of record. When the claimant proposes to take a deposition, and the witness resides more than five hundred miles from Washington, or where the AttorneyGeneral proposes to take the deposition, and the witness resides more than five hundred miles from the claimant or his counsel, one day's further notice shall be given for every additional hundred miles.

If the claimant proposes to take a deposition in the city of Washington, three days' notice shall be sufficient. And a like notice by the Attorney-General shall be sufficient when the claimant's attorney or counsel resides in the city of Washington.

XXIII. EVIDENCE, (DEPOSITION.)

Depositions shall be taken by oral examination, or they may, with consent of the parties, or under an order of the court, or by order of a judge in vacation, be taken by written interrogatories.

XXIV. EVIDENCE, (INTERROGATORIES.)

Where it is proposed to take depositions upon written interrogatories, they shall be filed at least fifteen days before the issuing of the rule, and notice given of the same, to enable the opposite party to file cross-interrogatories.

XXV. EVIDENCE, (DOCUMENTARY.)

The records, papers, or documents from an Executive Department, which may be offered in evidence by a claimant, must be those which have been transmitted to the court under a regular

call for the same, or they must be duly certified and authenticated, pursuant to the acts of Congress in such cases made and provided. And all such papers must be filed with the clerk before being printed.

Any information or papers certified from any Executive Department, and filed in any cause in this court, may be used and applied in any other pending cause to which the same may, under the rules of evidence, be applicable or pertinent. To entitle such information or papers to be used in another cause than that in which they were first filed, copies thereof must be filed in such other cause before the same shall have been placed on the trial docket.

XXVI. EVIDENCE, (DUCES TECUM.)

The court may, at the instance of the Attorney-General, grant a rule upon any claimant, his agent or attorney, to produce in court, or before any commissioner, any letters, papers, deeds, documents, or other writings in his possession, or subject to his control, in any way relating to said claim; and any claimant, his agent or attorney, who shall, after due notice, refuse to produce such letters, papers, deeds, documents, or other writings, when in his power to do so, shall be subject to attachment for contempt of such order; and persisting in such refusal, the court will direct the petition to be dismissed.

XXVII. EVIDENCE, (OBJECTIONS.)

All objections to the notice, or the form and manuer of taking or returning the testimony, shall be made in writing and filed, within thirty days after notice of the filing of the deposition, or they will be considered as waived; and no other objections to the deposition will be considered on the hearing of the cause, than such as would be available in a court of common law if the witness were produced for examination in court.

XXVIII.—EVIDENCE, (WITNESS TO BE PRODUCED BEFORE COURT.)

The court reserves the right to remand any case to the docket, and order a witness or a claimant to be produced before the court, or one of the judges thereof, for re-examination. The Attorney-General may in the first instance examine a claimant before the court or one of the judges at chambers.

XXIX. EVIDENCE, (FOREIGN DEPOSITIONS.)

When it is proposed to take depositions in a foreign country, they must be taken upon written interrogatories, in the manner. provided by the rules of this court. A special commission will be issued by the court, (or by the Chief-Justice or one of the judges during vacation,) to the consul or vice-consul of the United States at the place designated, or to such other person as may be agreed upon.

on.

XXX.-BRIEFS.

Briefs should contain only the points of fact and of law relied

Each point of fact must refer to the page of the record where the evidence sustaining it is to be found; and each point of law to the statute or authorities supporting it.

If a printed argument be filed on behalf of either party, it must be separate from his brief; and in such case no oral argument will be heard on that side.

All items of claim not specified in the claimant's brief will be considered as waived.

In all cases other than those brought under the Abandoned and captured property Act, the defendants must file a brief on or before the calling of the case for trial.

No case will be heard for trial unless the printed pleadings, evidence, and briefs be made up in book form together and paged consecutively, and a copy thereof furnished to each judge of the court at the hearing; and all citations from, or references to, such pleadings, evidence, and briefs shall be by the consecutive paging thereof.

XXXI.-PRINTING.

The testimony and briefs shall be printed. In printing the testimony, the notices and the officers' captions and certificates connected therewith shall be omitted; but to each deposition there shall be prefixed a title in the following form: Deposition of- -for claimant, [or defendant, as the case may be,] day of 18-; claimant's

taken at counsel,

, on the
; defendant's counsel,

Where an answer of a Department is given in evidence, the call for the same shall be printed in the record therewith. The printed papers required by these rules shall be in small