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facts did not show it to be a prize case, but a case of forfeiture, the case will be remanded. (U. S. v. Weed, 5 Wall. 62; The Watchful, 6 Wall. 91.) If the district court in a prize case wrongfully allows or denies the order for further proof, and objection is taken, the Supreme Court can administer the proper relief (The Pizarro, 2 Wheat. 227); so if a claim is dismissed, claimant may appeal (Withenbury v. U. S., 5 Wall. 819); but a party who does not appeal can raise no objection, although another party appeals. The Amiable Nancy, 3 Wheat. 546.) Where the objection that the libel is not brought in the name of the United States is not raised by the pleadings, it will not be entertained. (Jecker v. Montgomery, 18 How. 111.) A case carried into a circuit court before the Act of 1863 is properly here on appeal from the circuit court. (The Admiral, 3 Wall. 603.) Appeal lies from a final decree in a prize cause, and the whole matter in controversy can be disposed of, leaving nothing to be litigated between the parties. (Withenbury v. U. S., 5 Wall. 819.) Where there was no order, decree, or judgment, it will be dismissed. (The Alicia, 7 Wall. 571.)

§ 210. Appeals in prize causes remaining in circuit courts.-An appeal shall be allowed to the Supreme Court from all final decrees of any circuit court in prize causes depending therein on the thirtieth day of June, eighteen hundred and sixty-four, in the same manner and subject to the same conditions as appeals in prize causes for the district courts. (Rev. Stats. sec. 696.)

§ 211. Transcripts on appeal.-Upon the appeal of any cause in equity, or of admiralty and maritime jurisdiction, or of prize or no prize, a transcript of the record as directed by law to be made, and copies of the proofs and of such entries and papers on file as may be necessary on the hearing of the appeal, shall be transmitted to the Supreme Court; provided, that either the court

FED. PROC.-42.

below or the Supreme Court may order any original document or other evidence to be set up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeal no new evidence shall be received in the Supreme Court, except in admiralty and prize causes. [See sec. 750.] (Rev. Stats. sec. 698; 18 U. S. Stats. 316; 1 Sup. Rev. Stats. 135.

Records. The certificate of the clerk is prima facie evidence that the record is complete (The Rio Grande, 19 Wall. 178); and his certificate to a deposition contained in the record that it was filed after trial of the cause is of equal validity as if forming part of his original certificate (The Samuel, 1 Wheat. 9); but his certificate cannot be received as evidence that papers were used in the court below and have been lost. (The Grapeshot, 9 Wall. 129; 7 Wall. 563.) The Supreme Court hears the cause in the first instance upon the evidence transmitted (The London Packet, 2 Wheat. 371); and if the proof is deficient, the cause may be continued with leave to produce further proof. (The Samuel, 1 Wheat. 9.)

§ 212. Cases where question of juris. diction only reviewed, without reference to amount. That in all cases where a final judgment or decree shall be rendered in a circuit court of the United States in which there shall have been a question involving the jurisdiction of the court, the party against whom the judgment or decree is rendered shall be entitled to an appeal or writ of error to the Supreme Court of the United States to review such judgment or decree without reference to the amount of the same; but in cases where the decree or judgment does not exceed the sum of five thousand dollars, the Supreme Court shall not review any question raised

upon the record except such question of jurisdiction; such writ of error or appeal shall be taken and allowed under the same provisions of law as apply to other writs of error or appeals, except as provided in the next following section. Sec. 2. That in cases of judgments or decrees mentioned in the first section of this act, and heretofore rendered, where the period of limitation for taking writs of error or appeals in other cases has not expired, appeals or writs of error may be sued out at any time within one year after the passage of this act. (Approved Feb. 25, 1889; 25 U. S. Stats. 693.)

§ 213. Judgment or decree on review. -The Supreme Court may affirm, modify, or reverse any judgment, decree, or order of a circuit court, or district court acting as a circuit court, or of a district court in prize causes, lawfully brought before it for review, or may direct such judgment, decree, or order to be rendered, or such further proceedings to be had by the inferior court as the justice of the case may require. The Supreme Court shall not issue execution in a cause removed before it from such courts, but shall send a special mandate to the inferior court to award execution there(Rev. Stats. sec. 701.)

on.

Review. The judgment of the circuit court upon a plea to the jurisdiction will not be reviewed upon petition for mandamus. (Ex parte Railway Co., 103 U. S. 794.)

On affirmance.-The circuit court has no power to modify a decree which has been affirmed. (Chaires v. U. S., 3 How. 611; Southard v. Russell, 16 How. 547.) So on affirmance of a decree dismissing the bill. (Durant v. Essex Co., 102 U. S. 555.) Persons not parties to a decree of distribution, who appear after decree affirmed, may claim their share therein. (Ex parte Howard, 9 Wall. 175.)

On reversal. If the judgment be reversed and judgment for defendant be entered, the circuit court cannot grant a new trial (Ex parte Dubuque & Pac. R. 1 Wall. 69); and if reversed with directions to enter judgment for plaintiff in error, judgment should be enforced with costs. (McKnight v. Craig, 6 Cranch, 183.) On a special finding before the court without a jury, the circuit court on reversal may proceed to try other issues. (Ex parte French, 91 U. S. 423.) If no supersedeas has been obtained, a reversal will not vacate a sale under a decree. (South Fork Canal Co. v. Gordon, 2 Abb. U. S. 479.) A reversal which directs restitution of money must be obeyed as far as practicable by the distributees. (Ex parte Morris, 9 Wall. 605.)

Proceedings after mandate.-Where the mandate requires only the execution of the decree, the circuit court is bound thereby, although the jurisdiction is not alleged in the pleadings (Skillern v. May, 6 Cranch, 267); but where the mandate is uncertain and ambiguous, it has a right to resort to the opinion delivered at the time to assist in expounding it. (West v. Brashear. 14 Peters, 51.) The inferior court is bound by the decree of the Supreme Court, and must carry it into execution according to the mandate. (Sibbald v. United States, 12 Peters, 488; West v. Brashear, 14 Peters, 51.) When the direction in the mandate is precise and unambiguous, it is the duty of the circuit court to carry it into execution. (West v. Brashear, 14 Peters, 51.) On demurrer overruled by the Supreme Court, the party will not be permitted to file other demurrers after the remand. (Hitchcock v. Galveston, 3 Woods, 269.) The allowance of a supplemental answer after mandate is in the discretion of the court. (Williams v. Gibbs, 20 How. 535.) So the claimant in collusion may amend his answer after return of mandate. (The Pennsylvania, 12 Blatchf. 67.) A party cannot file new pleadings if the rights of the parties are finally determined. (Stewart v. Salamon, 97 U. S. 361.) The mandate in case of a vessel released on stipulation in the district court operates without any appeal to the Supreme Court. (The Lady Pike, 96 U. S. 461; see Ex parte Sawyer, 21 Wall. 235.) Attachment cannot be issued for refusal

to obey the original judgment awarding a mandamus, but an alias writ will be issued. (United States v. Kendall, 5 Cranch. 385.) Costs may be taxed after receipt of mandate, and be entered nunc pro tunc. (Sizer v. Many, 16 How. 98.)

§ 214. Writs of error and appeals from Territorial courts.-No appeal or writ of error shall hereafter be allowed from any judgment or decree in any suit at law or in equity in the supreme court of the District of Columbia, or in the supreme court of any of the Territories of the United States, unless the matter in dispute shall exceed the sum of five thousand dollars.' This section shall not apply to any case wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of any treaty or statute of, or an authority exercised under, the United States; but in all such cases an appeal or writ of error may be brought without regard to the sum or value in dispute."

1 Approved March 3, 1885; 23 U. S. Stats. 355, sec. 1, superseding Rev. Stats. sec. 702.

2 Id., sec. 2.

In general. The final judgments of the supreme court of Washington Territory in criminal cases can be reviewed only when the Constitution or a statute or treaty is drawn in question. (Watts v. Wash. Ter., 91 U. S. 580.) If the criminal escapes and is not within the control of the court either actually or constructively, this court will refuse to hear the case unless he submits to the jurisdiction of the court below. (Smith v. U. S., 94 U. S. 97.) If the supreme court of the Territory correctly reversed the decree of the district court, its decree will be affirmed. (U. S. v. Hart, 6 Wall. 770.) In order that the Supreme Court may take jurisdiction it must appear on the record that the question was raised and decided in the lower court. (Lownsdale v. Parrish, 21 How. 290.) Where the question relates merely to the counting of the

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