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cation, must be served on the opposite party at least ten days before the time named for the application.
PRINTING OF PLEADINGS, ETC. XV. For convenience in reading and filing, it is recom. mended that, when practicable, petitions, answer, and deposi. tions be printed or in type-writing, and that when in typewriting, or ordinary writing, only one page of the paper be used.
XVI. Copies of any petition, complaint, or answer in any matter or proceeding before the Commission, or of any order, decision, or opinion by the Commission, and also of testimony when practicable and desired for use in this case, will be furnished without charge upon application to the secretary by any person or carrier party to the proceeding.
ADDRESS OF THE COMMISSION.
XVII. All complaints concerning anything done or omitted to be done by any railroad carrier, and all petitions or answers or applications relative to any pending proceeding, and all letters or telegrams relating in any manner to either of these matters, must be addressed to the Interstate Commerce Commission, Washington, D. C.
Sections 863 and 864 of the Revised Statutes, referred to under Rule XII, are as follows:
SEC. 863. The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than one hundred miles from the place of trial, before the time of trial, or when he is ancient and infirm. The deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit court, or any clerk of a district or circuit court, or any chancellor, justice or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the cause.
Reasonable notice must first be given in writing + It is desirable, if complaints, answers, etc., are in ordinary writing or type-writing, that the size of the pages should conform as near as convenient to 9 by 13 inches, not to exceed same; if printed, 6 by 9 inches.
by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition; and in all cases in rem, the person having the agency or possession of the property at the time of seizure shall be deemed the adverse party, until the claim shall haye been put in; and whenever, by reason of the absence from the district and want of an attorney of record or other reason, the giving of the notice herein required shall be in practicable, it shall be lawful to take such depositions as there shall be urgent necessity for taking, upon such notice as any judge authorized to hold courts in such circuit or district shall think reasonable and direct. Any person may be compelled to appear and depose as provided by this section, in the same manner as witnesses may be compelled to appear and testify in court.
SEC. 864. Every person deposing as provided in the proceeding section, shall be cautioned and sworn to testify the whole truth, and carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or by himself in the magistrate's presence, and by no other person, and shall, after it has been reduced to writing, be subscribed by the deponent.
No. 1.-Complaint against a single carrier.
These forms may be used in cases to which they are applicable with such alterations as the circumstances may render nec-essary.
Complaint against a single carrier.
INTERSTATE COMMERCE COMMISSION.
The petition of the above-named complainant respectfully shows :
II. That the defendant above named is a common carrier engaged in the transportation of passengers and property by railroad between points in the State of -- and points in the State of and as such common carrier is subject to the act to regulate commerce.
III. That [Here state concisely the matters intended to be complained of Continue numbering each succeeding paragraph as in Nos. I, II, and III.]
Wherefore the petitioner prays that the defendant may be required to an-swer the charges herein, and that after due hearing and investigation an order :be made commanding the defendant to cease and desist from said violations of the act to regulate commerce, and for such other and further order as the Commission may deem necessary in the premises. [If reparation for any wrong or injury be desired, the petitioner should state the nature and extent of the reparation he deems proper.] Dated at 18
[Complainant's signature.] STATE OF
County of A. B., being duly sworn, says that he is the complainant in this proceeding and that the matters set forth in the foregoing petition are true as he verily be: lieves.
A. Be Subsеribed and sworn to before me this day of
Justice of the Peace:'. [Or other officer authorized to administer oaths.)