In cases trans

mitted from Con

send notices to

parties.

Government in this court, may set the case down for trial upon such evidence as he may submit.

CONGRESSIONAL CASES UNDER BOWMAN ACT.

97. When a case is transmitted to the court by gress, clerk to either House of Congress, or a committee thereof, under the first section of said act, involving the investigation and determination of facts in any claim or matter, the clerk shall examine the papers and send notice by mail to every person, whose post-office address is given, who appears therefrom to be directly interested therein, and to the Attorney-General, noting the fact on the record and specifying the names of the parties notified and the dates thereof.

Persons interested may appear

as parties by fil. ing petitions.

Cases to be pro

ceeded with like

98. Within two months after the mailing of such notices, or within such further time as the court may allow, any person directly interested in the case may appear as a party therein, by filing his petition, under oath, in accordance with Rule 7.

Thereafter the case shall be proceeded with, in other cases and like manner, and subject to the same rules, so far as applicable, as other cases in the court under its general jurisdiction.

under the same

rules.

Where loyalty is

to be proved, tes

not to be taken until, &c.

LOYALTY IN CASES FOR SUPPLIES, ETC.

99. In any case of a claim for supplies or stores timony or merits 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, required by section 4 of the act aforesaid, shall have been decided in his favor.

How that issue brought to trial, &o.

100. Cases in which the claimant's loyalty is to be decided shall be brought upon the trial docket, in reference to that question as prescribed by Rule 51. Each party shall file one copy of a brief referring to the evidence relied upon, but the same need not be printed.

DEPOSITIONS, &C., BEFORE SOUTHERN CLAIMS

COMMISSION.

tions before

Commission may

101. If a claim which was at any time before the Certain deposi Commissioners of Claims, appointed under the act Southern Claims of March 3, 1871, and commonly called "The South- be used. ern Claims Commission," be transmitted to this court by either House of Congress, or by any committee thereof, under the 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 open court, or their depositions were regularly taken under the rules of this court.

Southern Claims

obtained.

102. If it be made to appear that, besides the Papers before depositions so transmitted, there are among the Commission, how 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.

Notice to be giv

en of intention to

tions.

103. To entitle either party to use as evidence any deposition under either of the next two pre- use such deposi ceding sections there must be given to the other pary at least two months' notice of the intention so to use it.

104. No such deposition shall be printed unless Such deposi authorized by a judge of the court.

tions not to be printed unless, &c.

FRENCH SPOLIATION CLAIMS.

105. Parties having a common interest, growing Parties having out of the seizure of the same vessel or its cargo, est.

a common inter

General rules applicable.

may unite in one petition for the recovery of their respective claims, which may be heard together.

Where insurance was made by one in his own name for himself and others, or as agent for others, his personal representatives may file one petition on each policy for all the underwriters; and their personal representatives may come in and be heard in respect to their respective interests.

Where claimants are firms or joint owners the petition of the personal representative of the last survivor may be made in behalf of all, and the personal representatives of the others may come in and be heard in respect to their interests.

106. In all other respects the general rules of the court shall, so far as applicable, be the rules under the French spoliation act.

REGULATIONS

OF THE

SUPREME COURT OF THE UNITED STATES

RELATING TO

APPEALS FROM THE COURT OF CLAIMS.

RULE I.

preme Court.

In all cases hereafter decided in the Court of Record on which appeals Claims, in which, by the act of Congress, such ap- are heard in Supeals are allowable, they shall be heard in the Supreme Court upon the following record, and none

other :

1. A transcript of the pleadings in the case, of-transcript of the final judgment or decree of the court, and of pleadings, &c. such interlocutory orders, rulings, judgments, and decrees as may be necessary to a proper review of

the case.

and conclusions

18 C. Cls. R.,

2. A finding by the Court of Claims of the facts -finding of fact in the case, established by the evidence, in the na- of law. ture of a special verdict, but not the evidence es- 289, 705. tablishing them; and a separate statement of the conclusions of law upon said facts on which the court founds its judgment or decree. The finding of facts and conclusions of law to be certified to this court as part of the record.

RULE II.

[Applied only to decisions rendered before its adoption in 1866, and therefore long since obso lete.]

'Adopted by the Supreme Court in 1866 and afterwards added to and amended.

RULE III.

Application for In all cases an order of allowance of appeal by appeals stops limitation from run the Court of Claims, or the Chief Justice thereof ning-to be allowed by the in vacation, is essential, and the limitation of time for granting such appeal shall cease to run from the time an application is made for the allowance of appeal.

court or Chief Justice.

Findings of fact and conclu

be filed by court.

RULE IV.

In all cases in which either party is entitled to sions of law to appeal to the Supreme Court, the Court of Claims shall make and file their findings of facts and their conclusions of law therein, in open court, before or at the time they enter judgment in the case.

Parties before trial to submit

facts.

RULE V.

In every such case, each party, at such time berequest to find fore trial, and in such form, as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to the due presentation of the case in the finding of facts.

to cases under

claims act.

RULE VI.

Rules to apply Ordered, that Rule I, in reference to appeals the District from the Court of Claims, be and the same is hereby made applicable to appeals in all cases heretofore or hereafter decided by that court under the jurisdiction conferred by the act of June 16, 1880, c. 243, "to provide for the settlement of all outstanding claims against the District of Columbia, and conferring jurisdiction on the Court of Claims to hear the same, and for other purposes.” (Adopted May 7, 1883.)