the petition. Immediately upon the filing of any petition, fifty copies of the same and the accompanying documents shall be printed in octavo form, under the direction of the clerk, for the use of the court and counsel. "Claimants must file separate petitions under each of the classes of claims named in section 5 of the act entitled, 'An act reestablishing the Court of Commissioners of Alabama Claims, and for the distribution of the unappropriated moneys of the Geneva award,' approved June 5, 1882; but any number of claims by the same person, coming under the same class, may be included in the same petition.

"IV. Parties having a common interest, growing out of the destruction of the same vessel or its cargo may unite in one petition for the recovery of their respective claims, which may be heard together, but separate judgments shall be rendered in the case of each claimant.

"V. Any person of good moral character admitted to practice as attorney or counsel in the supreme court of any State or Territory or the District of Columbia, or in any of the Federal courts, on filing with the clerk a written statement of the date and place of such admission, with his name and post-office address in full, may, on motion, be admitted to practice in this court.

"VI. It shall not be necessary for the United States to deny specially, in writing, the validity of any claim; but a general denial of every claim thall be entered of record by the clerk as of course, and thereby every material allegation shall be considered as put in issue by the United States.

"Objections as to the law of the case may be raised by the United States at any stage of the proceedings by demurrer, stating the grounds of such objections with reasonable certainty.

VII. Testimony to be used in this court may be taken before a commissioner empowered by any circnit or district court of the United States to take testimony, on a rule entered of record in this court for that purpose by either party in any pending case, provided twenty days' notice be given to the adverse party; but nothing herein contained shall prevent the taking of testimony before any other person, with the leave of this court, nor prevent counsel from accepting, by agreement in writing, a shorter notice than twenty days.

"VIII. It shall be the duty of the counsel of the claimant, at least ten days before the day of hearing, to file with the clerk of the court fifty copies of a brief (printed in octavo form) of the argument in behalf of the claimant.3

“IX_Claims supported by printed or written testimony shall be first heard in the order in which they stand on the docket, unless otherwise specifically ordered by the court; and afterward those claims shall be heard in support of which the claimant may desire to introduce oral testimony.

"X. In cases where the amount claimed exceeds the sum of one thousand dollars, the claimant shall be at the expense of printing his own brief and testimony. In cases not exceeding that amount, the printing shall be done under the direction of the clerk of the court, at the expense of the United States.

November 16, 1882, this rule was amended by substituting "sixty-five" for "fifty."

2 It has been held that section 823 of the Revised Statutes of the United States limiting the compensation of commissioners to take testimony is inapplicable to a commissioner appointed by the Alabama claims court. (Powers v. Manning, 154 Mass. 370, 28 N. E. 290.)

3 November 16, 1882, this rule was amended so as to read: "It shall be the duty of the counsel of the claimant, at least ten days before the day of hearing, to file with the clerk of the court sixty-five copies of a brief (printed in octavo form) of the argument in behalf of the claimant, and a like number of copies of the testimony."

"XI. The time to be occupied in the oral arguments of counsel shall be regulated by the rule in force in the Supreme Court of the United States.

XII. Whenever any deposition or documents shall have been filed in any case before this court, either party to any other case may use such testimony on the hearing thereof: Provided, That the party so desiring to use such testimony in a case in which the same was not originally taken shall file a notice in the case in which such testimony is sought to be used five days before the hearing thereof of his intention so to do, specifying therein particularly the depositions or documents sought to be used and the case or cases in which the same were originally taken.

"XIII. In the case of any claimant who may be absent from the United States at the time of the making, or of presenting, his petition, such petition may be presented and verified by the attorney in fact of such claimant, or by any agent specially authorized thereto, or by any person acting as agent or next friend; but in every case of a petition filed without precedent authority specifically given, the court will require subsequent ratification of such petition or claim by the claimant.

"Such agency or ratification shall, in every case, be duly established by proof to the satisfaction of the court.

On the 6th of October 1882 the court adopted the following additional rules:

"XIV. All attorneys admitted to practice in the Court of Commissioners of Alabama Claims, as created under the law of Congress, approved June 23, A. D. 1874, will be recognized as attorneys in this court, reestablished under the law of Congress, approved June 5, 18×2.

"XV. Attorneys for admission to practice in this court, besides complying with the other requirements of the rules, must be present when a motion is made for their admission."

On the 20th of November 1882 the court ordered that "in printing testimony the formal parts of documentary evidence upon which no question arises may be omitted, the counsel agreeing thereto by a written instrument to be filed in the case." On the 1st of November 1883 the clerk of the court issued a circular letter containing minute directions as to printing, so as to secure uniformity; and on the 20th of March 1884 he issued a further circular on the subject.

On the 5th of June 1883 the court adopted the following instructions to commissioners employed to take testimony:

"COURT OF COMMISSIONERS OF ALABAMA' CLAIMS,

"June 5, 1883.

"Ordered, That the clerk of this court be, and he is hereby, directed to issue the following instructions to commissioners appointed and authorized to take testimony to be used in the trial of causes pending before it, viz:

"First. That so soon as the testimony taken in any case in which the sum claimed is one thousand dollars or less shall have been concluded by such commissioner he shall forthwith cause the same to be carefully envel oped, sealed up, and properly indorsed with the number of the case, and promptly forwarded by the United States mail, or other safe conveyance, to the clerk of this court.

"Second. That in any case in which the sum claimed is more than one thousand dollars, when the testimony shall have been so taken and printed under the supervision of such commissioner, at the expense of claimant,

1 June 9, 1885, the court ordered, "That, hereafter, all motions or papers of any kind, in adjudicated cases, shall be presented by the attorneys of record in such cases, or by some attorney of this court in their behalf, in open court, and be approved by the court before the clerk is authorized to file the same."

it shall be forthwith sealed up and forwarded in like manner to the clerk of this court.

"Third. That in any matter of contention between a commissioner of this court and claimant as to the rate and amount of fees charged by such commissioner for his official service in any case, the rate named in the statutes of the United States must govern.

"Fourth. That testimony thus taken by any commissioner must not be withheld from this court on account of nonpayment of fees charged in excess of the rate prescribed by the laws of the United States for such service.

"Fifth. That in case of a contention between any such commissioner and a claimant in relation to rate or amount of fees charged for official service in any case, for which service a rate of fees is not prescribed by the laws of the United States, the question may be submitted to the clerk of this court, to be decided by him, subject to the approval of the court; but the testimony must not be withheld from the court during the pendency of the controversy."

Procedure as to War
Premiums.

From time to time, as occasion arose, the court issued orders in relation to the proof and valuation of war premiums. These orders were as follows:

"COURT OF COMMISSIONERS OF ALABAMA' CLAIMS,

"March 1, 1883.

"Ordered, That in the disposition of claims of the second class, for the payment of claims for war risks, this court will, in its estimate of the value of scrip dividends, receive proof of its market value at the date of its issue, and will be governed by that proof when properly submitted. Attest:

D. W. FESSENDEN, Clerk.”1

"COURT OF COMMISSIONERS OF ALABAMA' CLAIMS,
"March 7, 1883.

"Ordered, That the court will designate, in such places where policies covering war risks were issued during the war of the rebellion, as it may deem necessary, competent persons who may, at the request of the claimants under the second class, aud at the proper cost and expense of such claimants, make up from the books, records, and data of the insurance companies, schedules showing the particulars concerning each premium for war risk paid, and for which a claim shall have been duly filed, including the number and date of the policy, the date of the insurance, in whose name such insurance was made, the sum insured, to whom payable, and the subject of the risk, the amount of war and marine premium, the amount of war premium, when such premium was paid-whether by note or cash payment, and what, if any, percentage of scrip was declared or issued for or on account of such premium, and the face value of such scrip.

"Such schedules, when prepared and verified in each case in which they are to be used, by the oath of the party preparing them, either in this court or before some commissioner appointed by the court to take testimony in cases coming before it, in like manner as other testimony in said cases is verified, and subject to the right of cross-examination on the part

June 1, 1883, counsel for the United States issued, for the information and guidance of attorneys for claimants of class 2, a table showing scrip dividends declared by certain insurance companies. He announced that he would insist upon a deduction of those dividends from the amounts of premiums paid. As stated in the rule, the measure of value adopted for that purpose was the market value of the scrip at the date of its issuance. The court was able, however, as the result of the trial of a number of cases, to fix the valuation of the scrip of certain companies at a certain figure for each year from 1861 to 1865, inclusive.

of the United States, may thereafter, except as hereinafter provided, be introduced in evidence either by the claimants or by the United States, upon the trial of the respective causes to which they relate, and shall be received as prima facie evidence of their contents, except as to the interest of such claimants in the premiums in such schedules referred to; but nothing herein contained shall be deemed to prejudice or affect the right of or prevent the counsel on behalf of the United States or counsel for any claimant from contradicting any such schedule, or from introducing proof of the incorrectness of the same or any part thereof, and no such schedule shall, after objection thereto by the counsel on behalf of the United States, or the counsel for the claimant, be received in evidence as aforesaid, unless the person making the same and the books, records or data, from which the same was made, shall, after ten days' notice in writing by the counsel making objection to the introduction thereof to the opposing counsel, be produced for examination and inspection by said

counsel before this court.

"Nothing herein contained shall be deemed to prevent any claimant from making proof of his claim in any manner other than hereinafter provided, and in conformity with the rules of law."

"COURT OF COMMISSIONERS OF ALABAMA' CLAIMS,

"April 27, 1883.

"O) dered, That in all cases under the second class coming before this court claimants are required to file with the clerk, at least ten days before said cases are heard, the original policies of insurance upon which payments for war premiums were made, where said policies are in existence and can be produced. Where the original policies can not be produced, their place may be supplied by copies thereof duly sworn to before any officer qualified to administer oaths. "Attest:

"D. W. FESSENDEN, Clerk."

"COURT OF COMMISSIONERS OF 'ALABAMA' CLAIMS,

"February 19, 1884.

"The court has considered all the evidence before it upon the question of the practice, which is alleged to have been followed by the Columbian Insurance Company, of New York, of making certain rebates on premiums paid by parties taking out policies in that company, and it is thereupon— "Ordered, That the rule adopted, and hereafter to be followed by the court in respect to such policies, will be as follows:

Except in cases where it is specifically shown that no such rebate was in fact allowed, a deduction will be made from the amount of war premiums claimed to have been originally paid to said company, of 10 per cent where the insurance was on vessel and freight, and of 15 per cent where the insurance was on merchandise.

"But this rule shall not be construed as relieving claimants from showing, under the existing rules and practice of the court, the actual amount of scrip, rebate, or deduction in any form, made by the said company on said policies.

"Attest:

"D. W. FESSENDEN, Clerk.”

'COURT OF COMMISSIONERS OF ALABAMA' CLAIMS,

"November 13, 1884.

"Ordered, That in view of the limited time prescribed for the duration of this court, and the large number of cases of the second class remaining untried, counsel in charge of such cases are hereby directed to file immediately all necessary vouchers therein, so as to enable the insurance examiner to prepare his reports with the least possible delay.

"Such vouchers consist of:

"First. Original policies.

"Second. Copies of policies under oath made prior to appointment of examiners.

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"Third. Certificates of examiners under oath before United States commissioners.

"Fourth. All other evidence showing payment of war premiums. "Certificates of notaries public to schedules, and other similar forms of verification, are not admissible to establish the payment of war premiums. "Attest:

"D. W. FESSENDEN, Clerk.”

"COURT OF COMMISSIONERS OF 'ALABAMA' CLAIMS,

66 MEMORANDUM OF DECISION.

"April 2, 1885,

"Recurring to the question raised yesterday as to the necessity of proof of inability to produce original papers, as a condition precedent to the admissibility of copies thereof, or other secondary testimony to establish the payment of premiums for insurance against war risks, after mature reflection, the court has come to the conclusion that the well-understood prin ciples of law bearing on that question must be observed.

"But it appearing to the court that in many cases the current book entries of insurance contracts, made at the date of the issuance of policies, are in substance duplicates of said contracts, in which the conditions of the said contracts are all set forth, and on which subsequent modifications are usually entered, and which modifications are less frequently indorsed on the policies delivered to the insured, such original book entries which appear to be in fact substantial duplicate policies may be admitted as primary testimony.

"In cases submitted during this week, in which judgments have been announced in favor of claimants, and in which the testimony is deficient as to the questions above indicated, an order will be entered to withhold certification of judgments, preliminary to the vacation thereof, if such satisfactory testimony shall not be supplied within the next thirty days. "To obviate the necessity of recalling witnesses in these cases above indicated, and subsequent cases of like character, claimants may, if they shall so prefer, produce the company's books in this court."

Practice as to Amendments.

On the 26th of March 1883 the court ordered that "all motions to amend shall be in writing and filed with the clerk in the respective cases to which they apply;" that "notice thereof accompanied by a copy of the proposed amendment" should be given to the counsel for the United States at the time of filing the same;" and that such motions would be disposed of "when said cases were heard, unless sooner called up by agreement of counsel or by direction of the court." Where, after the time for filing claims had expired, a motion was made for leave to amend a petition by inserting in it a new item of war premium, the court refused the motion on the ground that the item constituted a new and distinct claim

Order of Business.

On the 26th of January 1883 the court. "in view of the delay on the part of counsel for claimants to prepare their cases for hearing and of the necessity for immediate action looking to the disposition of these cases within the time fixed by law," announced that on the 14th of February the docket would be called down to case No. 1500, inclusive, and that cases would be disposed of in their order, unless for good cause shown a postponement should be granted. Counsel were therefore notified that they should at once proceed to take testimony in the cases in question, and that "unnecessary delay" in so doing would not be accepted as a ground for further postponement. On the 29th of June 1883 the court

Ballard v. United States, No. 444, class 2.