B.
Rules of the commission.
1. In addition to the representation of his claim, and the proofs in support thereof which shall have been presented to his government, the claimant shall file in the office of the commission a statement of his claim, in the form of a memorial, addressed to the commission.
2. Every memorial shall state the full name of the claimant, the place and time of his birth, and the place or places of his residence between the 13th day of April, 1861, and the 9th day of April, 1865, inclusive. If he be a naturalized citizen or subject of the government by which his claim is presented, an authenticated copy of the record of his naturalization shall be appended to the memorial. And the memorial shall also state whether he has been naturalized in any other country than that of his birth; and, if not so naturalized, whether he has taken any, and what, steps toward being so naturalized.
3. If the claim be preferred in behalf of a firm or association of persons other than a corporation or joint-stock company, the names of each person interested, both at the date of the claim accrued and at the date of verifying the memorial, must be stated, with the proportions of each person’s interest. And all the particulars above required to be given in the case of individual claimants must be stated in respect of each member [Page 178] of such firm or association, unless the same be dispensed with on special order of the commission. If any transfer of the claim, or any part thereof, has occurred, the nature and mode of such transfer must be stated.
4. The memorial must state the particulars of the claim, the general grounds on which it is founded, and the amount claimed. It shall be verified by the oath or affirmation of the claimant, or, in the case hereinafter provided, of his agent or attorney; or if the claim be by a firm or an incorporate association of persons, then by the oath or affirmation of one of them; or in the case of a corporation or joint-stock company, by the oath or affirmation of the president or other officer. Such oaths or affirmations may be taken, if in the United States or Great Britain, before any officer having authority, according to the laws of the place, to administer oaths or affirmations; and they may be taken in the said countries, or elsewhere, before any consul or diplomatic agent of either government. The verification may be by the agent or attorney only when verification by the claimant is substantially impracticable, or can only be given at great inconvenience. And in case of verification by agent or attorney, the cause of the failure of the claimant to verify it shall be stated.
Objection to the jurisdiction of the commission, or to the sufficiency of the case stated in the memorial, may be made in the form of a demurrer, stating, without technical nicety, the substantial ground of the objection. Any new matter, constituting a special ground of defense, may be stated in a plea, which may be the subject of demurrer, and all demurrers may be set for hearing on a ten days’ notice.
5. Every claimant shall be allowed two months, after the filing of his memorial, to complete his proofs; and after the completion of his proofs, and notice thereof given, two months shall be allowed for taking proofs for the defense, with such further extension of time, in each case, as the commission, on application, may grant, for cause shown.
After the proofs on the part of the defense shall have been closed, the commission will, when the claimant shall desire to take rebutting proof, accord a reasonable time for the purpose.
6. All depositions after the filing of the memorial shall be taken on notice, specifying the time and place of taking, to be filed in the office of the commission, with a copy of the interrogatories, or a statement in writing by the counsel of the government adducing the witness, showing the subject of the particular examination with sufficient precision to be accepted by the counsel of the government against whom such witness is to be produced, to be signified by his indorsement thereon. Such interrogatories or statement to be filed in the office of the commission at least fifteen days before the day named for the examination, with one additional day for every five hundred miles of distance from Washington to the place where the deposition is to be taken. When depositions are to be taken elsewhere than in North America thirty days will be allowed.
7. Every deposition taken in the United States shall be taken before some officer authorized to take depositions in causes pending in courts of the United States. Depositions in Great Britain and her possessions may be taken before any person authorized to take depositions to be used in courts of record, or any justice of the peace. Depositions in those countries or elsewhere may be taken before any consul or diplomatic agent of either government.
In all cases the cross-examination of the witness may be by written interrogatories, or orally, in the election of the party cross-examining.
[Page 179]8. The commissioners may at any time issue a special commission for the taking of testimony on the application of either party; such testimony to be taken either in written interrogatories or orally, as the commissioners may order.
The commissioners may also, on motion of either party, order any claimant or witness to appear personally before them for examination or cross-examination.
9. When any original papers filed in the State Department of the United States or in the archives of the British legation in Washington cannot be conveniently withdrawn from the files, copies thereof will be received in evidence, when certified by the State Department or by the British legation, as the case may be.
10. When the time has expired for taking proofs, or the case has been closed on both sides, the proofs will be printed under the direction of the secretary, and at the expense of the commission. The argument for the claimant shall be filed within fifteen days after the paper shall have been printed, and the case shall stand for hearing ten days thereafter.
11. The secretary will prepare, from time to time, lists of cases ready for hearing, either upon demurrer or upon the merits, in the order in which they are entitled to be heard, or in which the counsel for the two governments shall agree that they shall be heard.
12. All cases will be submitted on printed arguments, which shall contain a statement of the facts proven and reference to the evidence by which they are proven, and, in addition, the counsel for the respective governments will be heard whenever they desire to argue any cause orally. Arguments of counsel for individual claimants will be received, in print, when submitted by the counsel of either government, and not otherwise.
13. Claims against the United States and Great Britain, respectively, will be entered in different dockets kept by the secretary. The dockets shall contain an abstract of all proceedings, motions, and orders in each case.
14. The secretary will keep a record of the proceedings of the commission upon each day of its session, which shall be read at the next meeting, and will then be signed by him and approved by the signature of the presiding commissioner.
15. The secretary will keep a notice-book, in which entries may be made by the counsel for either government, and all entries so made shall be notice to the opposing counsel.
16. The secretary shall provide books of printed forms, in which will be recorded the awards of the commission, signed by the commissioners concurring therein. The awards against each government will be kept in a separate book.
17. A copy of each award, certified by the secretary of the commission, will be furnished, on request, to the party upon whose claim such award shall have been made.
18. The dockets, minutes of proceedings, and records of awards will be kept in duplicate, one of which will be delivered to each government at the close of the duties of the commission.
19. The secretary will have charge of all the books and papers of the commission, and no papers shall be withdrawn from the files or taken from the office without an order of the commission.