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CHAPTER XXXVIII.

THE SUPREME COURT OF THE UNITED STATES. Its Jurisdiction and Practice in Admiralty and Maritime Cases.

599. The original jurisdiction of the Supreme Court in Admiralty and Maritime cases is confined to cases which will rarely, if ever, arise. It is believed that no such case has hitherto been brought before that court, and they are quite as little likely to arise hereafter. Whenever such cases arise, the same practice will be required in that court as exists in the Circuit and the District Courts in such cases, except where the practice is otherwise regulated by the Supreme Court in its rules.(a)

§ 600. From all final judgments or decrees rendered in a Circuit Court, or in a District Court, acting as a Circuit Court, in any cases of Admiralty and Maritime jurisdiction, and of prize or no prize, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, is allowed to the Supreme Court.(b)

What has been already said in relation to the amount in dispute, and the character and criterion of the final decree, applies equally to cases in the Supreme Court, and will not be here repeated.(c)

601. After the final decision of the Circuit Court is made, and the final decree entered, an appeal may be taken at any time within five years, but if the party against whom the decree is made, desires a stay of proceedings on the decree, he must appeal within the time allowed by the rules of the court,

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or further time granted by the court, and lodge a copy of his appeal in the clerk's office for the opposite party. The first step is the Appeal-the second, the Security-the third, the Citation the fourth, the Return-the fifth, the Bond for costs.(a)

§ 602. The Appeal. The appeal is entitled in the cause in the Circuit Court, and signed by the appellant or his proctor. It should briefly recite the proceedings in the Circuit Court, and be filed with the clerk of the Circuit Court-a copy is also to be lodged there for the opposite party, within ten days, Sundays excepted, after the passing the decree complained of, if the appeal is to operate as a stay of execution. No allowance of the appeal is necessary (b)

603. The Security.-The Judge, before signing a citation, must take good and sufficient security that the appellee shall prosecute his appeal to effect and answer all damages and costs, if he fails to make his plea good. If no stay of proceedings is required, the security is in such amount as in the opinion of the Judge shall be sufficient to answer all such costs, as upon affirmance of the decree, shall be decreed to the appellee.(c)

If the appeal is to stay execution, the security must be in a sufficient sum to secure the amount of debt, damages, and costs which may be covered by the decree of the appellate court.(d)

It is the duty of the Judge to be satisfied that the security is good and sufficient, and to show that by his approval, endorsed on the bond. The security is usually taken in the form of a penal bond, and the penalty should be, at least, double the amount recovered in the court below, including costs and damages.(e)

The bond is filed in the Circuit Court, and remains therebecause the Supreme Court does not execute its own decree,

(a) 10 Wheat. 306. Vid. the Forms in the Appendix.

(b) Jud. Act of 1789, § 23. Ante, § 597.

(c) Act of 12th Dec. 1794, § 22.

(d) 9 Wheat. 553.

(e) Vid. the Form in the Appendix.

but remands the cause to the Circuit Court to execute the de

cree.(a)

If the appeal be taken within five years, the security required by law may be given after the expiration of that period.(b)

§ 604. Citation.-There must be a citation to the opposite party, signed by a Judge of the Circuit Court which rendered the decree, or a Judge of the Supreme Court, giving the opposite party at least thirty days notice. The effect of the notice is to prevent the cause being heard before thirty days after the party is notified, unless the appellee appear.(c)

The citation must be signed by the Judge, and served personally by a copy. The original citation must be filed in the clerk's office, to be returned with the record.(d)

605. The Return.-The return must contain every thing necessary to place the whole cause before the Supreme Court, in a manner to be fully heard. No cause will be heard until a complete record is filed, containing, in itself, without reference aliunde, all the papers, exhibits, depositions, statement of the testimony as settled, and other proceedings,-as well those carried into the Circuit Court from the District Court, as those originating in the circuit-including the appeal and citation, with proof of the service of them; and this record must contain all objections to the testimony taken below, as no objection is allowed to be taken to the admissibility of any deposition, deed, grant, or other exhibit found in the record, unless the objection was taken in the court below, and entered on the record, and the same will otherwise be deemed to have been admitted by consent.(e)

606. The Bond for Costs.-On filing the return in the Supreme Court, the appellant must give to the clerk a bond, with

(a) Ante, § 598.

(b) 10 Wheat. 306.

(c) Vid. the Form in the Appendix. 1 Cranch, 365.

(d) 5 Cranch, 21, 321, 329.

(e) Sup. Court Rule 33. Ante, § 597.

competent security, to respond to costs, in the penalty of two hundred dollars, or deposite that amount in bank, subject to his draft. This provision is very strictly enforced, and the cause will not be docketed before the security is given, and must take its place on the docket as of that date. This security is necessary, because the proctors and parties are usually remote from the seat of Government where the clerk's office is kept, and the clerk incurs considerable expenses, beyond his fees, in preparing the papers. It is his duty to have the record printed, and he delivers the copies to the parties and the court. (a)

607. Each party should enter his appearance in person or by proctor, immediately after the return of the appeal. If an appearance be not entered on the record for either party, on or before the second day of the term next after that in which the case is docketed, it will be dismissed at the costs of the appellant.(b)

The following is a notice to the clerk to enter an appearpearance:

SUPREME COURT OF THE UNITED STATES.

ISAAC NEWTON, claimant of the

Steamboat New Jersey,

Appellant.

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SIR-You will please to enter my appearance for the appellee

in this cause.

December 3, 1849.

E. C. BENEDICT,

Proctor for Appellee.

To WM. T. CARROLL, Esq., Clerk.

608. If the decree appealed from was rendered thirty days. before the term to which the appeal is returnable, the appellant

(a) Sup. Court Rule 37. 7 How. 784. 10 Pet.

(b) Sup. Court Rule 54.

must file the record with the clerk of the court at Washington, and docket the cause within the first six days of the term. If he do not, the appellee may do so, and have the cause stand for argument, or he may have the appeal dismissed. After the six days, the appellant cannot docket the cause, except upon the terms that the cause shall stand for argument during the term, or be continued at the option of the appellee. After it has been once dismissed, the appellant cannot docket it, unless by consent, or by the order of the court. And if it be not docketed until thirty days, from the commencement of the term, it must be continued to the next term.(a)

§ 609. The most liberal principles prevail in reference to amendments, but a party will not be allowed, by amendment, to introduce a new subject of controversy-nor will a new claim be allowed. If justice requires that a new claim be put in, or that the pleadings be reformed, the court will remand the cause to the Circuit, with directions to permit that to be done which is necessary.(b)

610. If pending an appeal, either party die, his legal representatives may voluntarily come in, and be admitted parties, and the cause proceeds without interruption. If they do not voluntarily come in, the other party may suggest the death on the record, and, on motion, have an order, that unless they become parties within the first ten days of the ensuing term, the moving party, if appellee, may have the appeal dismissed, or, if appellant, may bring on the hearing. The order, however, must be printed in a newspaper, at Washington, in which the laws are published, by authority there, at least sixty days before the beginning of the next term of the Supreme Court.(c)

Hearing.

No notice of hearing from party to party is necessary, in ca

(a) Sup Court Rule 30, 43.

(b) 15 Pet. 40. 4 Wheat. 1. 8 Id. 380. 4 Id. 32. 1 Id. 298. 9 Cranch, 209. 7 Cranch, 496. Ante, § 483.

(c) Sup. Court Rule 28. Ante, § 485.

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