petition, fifty (50) copies must be printed under my supervision, in order that, should the petition be granted, there may be a sufficient number for use on the final hearing.

Monday being motion day, some Monday must be fixed upon for the submission of the petition. No oral argument is permitted on such petitions, but they must be called up and submitted in open court by counsel for petitioner, or by some attorney in his behalf.

If a respondent desires to oppose a petition, twenty-five (25) copies of a brief for such respondent must be filed. These briefs must bear the name of a member of the bar of this court, who should also enter an appearance for the respondent. It is not necessary, however, for such counsel to be present in court when the petition is submitted.

All papers in the case must be filed not later than the Saturday preceding the Monday fixed for the submission of the petition. JAMES H. MCKENNEY,

Clerk of the Supreme Court of the United States.

ORDER IN REFERENCE TO APPEALS FROM THE

COURT OF CLAIMS.1

REGULATIONS PRESCRIBED BY THE SUPREME COURT OF THE UNITED STATES UNDER WHICH APPEALS MAY BE TAKEN FROM THE COURT OF CLAIMS TO SAID SUPREME COURT

RULE 1.

In all cases hereafter decided in the Court of Claims in which, by the act of Congress, such appeals 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 the final judgment or decree of the court, and of such interlocutory orders, rulings, judgments, and decrees as may be necessary to a proper review of the case.

3 Wall. vii; and see order of October Term, 1882, extending this rule, post, p. 507.

22. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said facts, upon which the court founds its judgment or decree. The finding of facts

1 Originally promulgated December Term, 1865.

2 Par. 2 of Rule I, as originally promulgated December Term, 1863, 3 Wall. 7, was as follows:

2. A finding of the facts in the case by the said Court of Claims, and the conclusions of law on said facts on which the court founds its judgment or decree.

The finding of the facts and the conclusion of law to be stated separately. and certified to this court as part of the record.

The facts so found are to be the ultimate facts or propositions which the evidence shall establish, in the nature of a special verdict, and not the evidence on which these ultimate facts are founded. See Burr v. Des Moines Co., 1 Wall. 102.

and conclusions of law to be certified to this court as a part of the record.

17 Wall. xvii; 107 U. S. vii.

RULE 2.

In all cases in which judgments or decrees have heretofore been rendered, where either party is by law entitled to an appeal, the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal. Said petition shall contain a distinct specification of the errors alleged to have been committed by said court in its rulings, judgment, or decree in the case. The court shall, if the specification of the alleged error be correctly and accurately stated, certify the same, or may certify such alterations and modifications of the points decided and alleged for error as, in the judgment of said court, shall distinctly, fully, and fairly present the points decided by the court. This, with the transcript mentioned in Rule 1 (except the statement of facts and law therein mentioned), shall constitute the record on which those cases shall be heard in the Supreme Court.

3 Wall. vii.

RULE 3.

In all cases an order of allowance of appeal by the Court of Claims, or the chief-justice thereof 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.

3 Wall. vii.

RULE 4.

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

case.

9 Wall. vii.

RULE 5.1

In every such case, each party, at such time before 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.

9 Wall. vii; 97 U. S. viii.

OCTOBER TERM, 1882.

Ordered, That Rule 1, in reference to appeals 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."

107 U. S. vii; 21 Stat. 284.

1 Rule 5 was originally promulgated at December Term, 1869, in the following form. 9 Wall. vii:

5. In all such cases either party, on or before the hearing of the cause, may submit to the court a written request to find specifically as to the matter of fact which such party may deem material to the judgment in the case, and if the court fails or refuses to find in accordance with such prayer, then such prayer and refusal shall be made a part of the record, certified on the appeal, to this court.

RULES OF PRACTICE FOR THE COURTS OF EQUITY

OF THE UNITED STATES.1

PRELIMINARY REGULATIONS.

1.

The Circuit Courts, as courts of equity, shall be deemed always open for the purpose of filing bills, answers, and other pleadings; for issuing and returning mesne and final process and commissions; and for making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to hearing of all causes upon their merits.

2.

The clerk's office shall be open, and the clerk shall be in attendance therein, on the first Monday of every month, for the purpose of receiving, entering, entertaining, and disposing of all motions, rules, orders, and other proceedings, which are grantable of course and applied for, or had by the parties or

1 Under the authority given to the Supreme Court of the United States by an Act of Congress passed May 8, 1792, c. 36, 1 Stat. at L. 275, 276, certain rules were ordered by the court at the February Term, 1822, to be the rules of practice for the courts of equity of the United States. These rules, thirty-three in number, appear in 7 Wheat. v-xiii.

The original rules were construed and amended in several particulars, prior to 1842, see 9 Wheat. 4; 8 Pet. 262; 11 Pet. 351; 13 Pet. 23; 17 Pet. 28. They continued in force until the January Term, 1842, when they were superseded by ninety-two new rules which were then adopted; see 1 How. xxxix et seq; 17 Pet. Ixi-lxxvii.

The rules as then adopted have since continued in force except as amended individually; several new rules have been adopted since that time. Such amendments and the dates of promulgation of the additional rules are referred to in footnotes under each rule affected.

In each case where there is no footnote the rule was promulgated January Term, 1842, and has not been amended.

FOR INDEX TO THESE RULES, SEE PAGES 448 TO 455, ante.