Her Britannic Majesty, coming within the terms of the above-recited provisions of the treaty, are requested forthwith to send to the agent above named, at the Department of State, Washington, D. C., a statement of their respective claims, showing the name and residence of the claimant, the nature and amount of the claim, with a brief general statement of the time, place, and circumstances of the transactions out of which the claim

arose.

"It will be understood that the statement so invited is preliminary merely, and does not preclude the necessity of a subsequent formal memorial or statement, to be presented in conformity with such rules or regulations as the commission or its organization may prescribe.

"It is provided by the treaty that the commissioners shall meet at the earliest convenient period after they shall have been respectively named. It is expected that they will meet during the ensuing month of September. "HAMILTON FISH, Secretary."

"Notice to British claimants.

"With reference to my notice dated July 15, 1871, requesting subjects of Her Britannic Majesty to send to me particulars of claims which they may have upon the United States Government, arising out of acts committed against their persons or property during the period between the 13th of April 1861 and the 9th of April 1865, inclusive, and which yet remain unsettled, I hereby give notice that the commission appointed under the twelfth article of the treaty of Washington of May 8, 1871, for the settlement of such claims, held their first meeting on the 26th ultimo, and that, in accordance with Article XIV. of the aforesaid treaty, every claim must be presented to the commissioners within six months from that date. "Claimants are accordingly requested to file their memorials at my office, 703 Fifteenth street, with as little delay as possible.

"By order of the commissioners the said memorials must be in print, and twenty copies thereof furnished for the use of the commission.

"Such claimants as may desire copies of the rules, as laid down by the commissioners for the guidance of claimants in the presentation of their claims, can obtain them by application to me.

"HENRY HOWARD,

"Her Britannic Majesty's Agent for British Claims.

"703 FIFTEENTH STREET,
"Washington, D. C., October 2, 1871.”

"FOREIGN OFFICE, October 21, 1871.

"Mr. Henry Howard, Her Majesty's agent at Washington for British claims, has been instructed, in reply to an inquiry made by him, that he is not to present to the commissioners any documents which may have been transmitted to him from the foreign office or Her Majesty's legation in the United States on behalf of any claimant until such claimant shall have filed in the office of the commission the formal statement of his claim required by rule 1 of the commissioners, as published on the 16th instant in the supplement to the London Gazette of the 13th instant, and republished in the Gazette of October 20, and which, for the convenience of claimants, is here republished."

Mr. Henry Howard, British agent, issued the following directions for the taking of testimony on notice:

"The notice to be addressed to Henry Howard, esq., Her Britannic Majesty's agent, mixed commission.

"The notice must be sent to Mr. Howard, who will serve it on the United States agent.

"The notice must state

"Firstly. The date on which the examination is to take place. "Secondly. The time at which the examination is to commence. "Thirdly. The name and title of the officer before whom the examination is to be taken.

"Fourthly. The number of the house and the street, or a description of the building in which the examination is to be held.

"Fifthly. The name of the city, town, or village in which the examination is to be held, as also the name of the county or parish, and the name of the State in which such city, town, or village is situated.

"Sixthly. The names of the witnesses who are to be examined; and it is well always to add the words and others' after the names of the witnesses, so that other witnesses than those specially named in the notice can be examined in case of need.

"Seventhly. The object of the testimony of the witnesses to be examined, or the interrogatories to be propounded to such witnesses, must be appended to the notice.

"The notice, as also the statement as to the object of the testimony to be taken, or the interrogatories, must be sent in duplicate.

"The only officers before whom testimony can be taken for this commission are

"In the United States:

"Firstly. Any United States commissioner.

"Secondly. Any judge of a court which is a court of record.

"Thirdly. Any parish judge in States where there are parishes instead of counties.

"Fourthly. Any British consul, vice-consul, or acting consul or viceconsul.

"In foreign countries: .

"Firstly. Any officer who is authorized to take testimony for the courts of the government of the country.

"Secondly. Any British or United States consul, vice-consul, or acting consul or vice consul.

"Mr. Howard must give the United States agent fifteen days' notice for any examination to take place within 500 miles from Washington, D. C., and an additional day for every 500 miles beyond.

"He must give the United States agent thirty days' notice for any examination to take place out of North America. Claimants will please remember this when fixing the date of the examination.

"The notice must be signed by the claimant or his attorney.

"When the depositions have been taken, the officer before whom they have been taken must send them to the secretary of this commission, whose address is 703 Fifteenth street, Washington, D. C.

"If the United States agent, or his representative, objects to any witness or to any question put to any witness, the officer taking the testimony

must note down such objection, but will take the testimony thus objected to, notwithstanding the objection made.

"All expenses must be defrayed by the claimant.

"When the United States takes testimony against the claimant, the notice served on Mr. Howard by the United States agent for such purpose will be sent by him to the claimant; and if the claimant wishes to be represented at the examination, he must employ private counsel for that purpose, or else send cross-interrogatories to Mr. Howard, to be put to the witnesses to be examined by the United States.

"Her Britannic Majesty's government can not undertake to furnish claimants with counsel to attend such examinations, and Mr. Howard can not undertake to prepare the cross-interrogatories.

"Two calendar months are allowed to claimants for taking their proofs. Mr. Howard will always inform claimants of the date from which their time for taking testimony commences.

"To HENRY HOWARD, Esq.,

"H. B. M.'s Agent, Mixed Commission, Washington, D. C.

"SIR: Please take notice, that on the 20th day of April 1872, at 10 o'clock a. m., before Isaac Morrison, an United States commissioner, at his office, No. 42 North Court street, in the city of Memphis, county of Shelby, State of Tennessee, the testimony of James Williams, John Snowden, and others will be taken.

"A statement as to the object of said testimony is appended hereto. "JOHN BROWN, "Attorney for Claimant.

"MEMPHIS, April 1, 1872."

French and American Claims Commission. rules:

The mixed commission under the convention between the United States and France of January 15, 1880, adopted the following

"Rules of the Commission for the Settlement of Claims under the Convention between the United States of America and the French Republic of January 15, 1880.

"I. 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.

"No allowance will be made to any person for any share of, or interest in, a claim unless he appear as claimant and set forth his interest.

"If a claimant be dead, his executor or administrator, or the legal representatives of the estate, must appear, unless it be shown that there are no creditors, and that the estate is settled.

"If there be a widow of the deceased claimant, she must appear as claimant, or her share will not be allowed.

"If there be heirs, they must appear, unless they are minors, under 21 years of age. Minors must appear by guardian or tutrix.

"All persons may be joined as claimants in whom the right to any legal or beneficial relief is alleged to exist, whether jointly, severally, or in the alternative. Any award may be given to such one or more of the claimants as he or they may be entitled to.

"II. Every memorial shall state the full name, residence, and post-office address of the claimant, the place and time of his birth, and if a French citizen, the place or places of his residence between the 13th April 1861 and the 20th August 1866, and if an American citizen, the place or places of his residence during the war between France and Mexico, the late war between France and Germany, and the 'insurrection of the Commune.'

"III. The memorial must state whether the claimant is a French or an American citizen; whether native or naturalized, and if he claim in his own right, when the claim had its origin, and of what country he was then a citizen; if in the right of another, whether such other was a French or an American citizen when the claim had its origin, and where was then, and is now, his domicil. If he be a naturalized citizen of the government by which his claim is presented, an authenticated copy of the record of his naturalization must be appended to the memorial. But in case of loss or destruction of letters of naturalization, the memorial must state the fact and the circumstances attending the same as far as known to the claimant. And the memorial shall also state whether he has been naturalized in any other country; and if not so naturalized, whether he has taken any, and what, steps toward being so naturalized.

"IV. If the claim be preferred in behalf of a firm or association of persons other than a corporation or joint-stock company, the name of each person interested, both at the date the claim accrued and at the date of verifying the memorial, must be stated, with the proportion 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 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, the person to whom made, how, when, by what means, and for what consideration.

"V. The nationality of the firm must also be stated.

"VI. The memorial must state whether the claimant or any other person entitled to the amount claimed, or any part thereof, has ever received any, and if any, what sum of money for the claim or any part thereof; and if so, when and from whom the same was received;

"Whether the claim, or any part of it, has ever been presented to any tribunal, department, or authorities of either the United States or France; and if so, when, where, and what proceedings were had in regard to the same, as far as such facts may be known to the claimant;

“And whether the claim, or any part of it, has been already disposed of, diplomatically, judicially, or otherwise, by competent authorities of either government.

"VII. The memorial must state the particulars of the claim, its amount, the time and the place where and the acts from which it arose; the names

and rank and regiment or office of the persons committing the acts from which it arose; the kind or kinds and amount of property lost or injured, and all the facts and circumstances attending the loss or injury out of which the claim arises, so far as known to or ascertained by the claimant. "The items of the claim must be numbered in order, and in every claim the cause of action and amount of damages shall be fully and specifically set forth, and the articles of personal property taken, and the kinds, quantities, and values, and in case of personal injuries, the time and place and the name and rank or office of the person committing the act, if known, must be stated.

"If any voucher, receipt, or other writing was given for the property, the names of the parties to it and its substance must be given. If the claimant have the original or a copy of it he may append a copy to the memorial, if it is lost or destroyed, he must state how lost or destroyed, or account for its absence.

"If the acts were committed upon the high seas, the memorial must state them, the name of the vessel from which the acts proceeded, the name of the commanding officer, and when, where, and by whom committed, if known to claimant, and whether claimant was present, and all the circumstances attending the transaction.

VIII. If the claim be against the United States, the memorial must state that the claimants were not in the service of the enemies of the United States and did not voluntarily give aid or comfort to the same between the 13th of April 1861 and the 20th of August 1866.

"If the claim be against the French republic, the memorial must state that the claimants were not in the service of the enemies of France, and did not voluntarily give aid or comfort to the same, during the late war between France and Germany, or during the insurrection of the Commune. "IX. The claimant must state distinctly in his memorial the amount for which he asks judgment, giving the amount of principal and interest separately.

"X. The memorial 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 unincorporated 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 France, 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 specially authorized for that purpose only when verification by the claimant is substantially impracticable, or can only be given at great inconvenience, and in case of verifications by agent or attorney, the cause of the failure of the claimant to verify shall be stated.

"XI. Objections that the claim has not been duly made, preferred, and laid before the commissioners, either wholly or to any extent, pursuant to the eighth article of the convention, must be filed with the secretaries within thirty days after the filing of the memorial.

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