the methods and system of appeals and writs of error provided for in this act in respect to the circuit courts of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, and any judge of the circuit courts of appeals, in respect of cases brought or to be brought to that court, shall have the same powers and duties as to the allowance of appeals or writs of error, and the conditions of such allowance, as now by law belong to the justices or judges in respect of the existing courts of the United States respectively. (26 U. S. Stats. 829, 311; Rev. Stats. secs. 997-1013.)

§ 185. Issue of writs.-The circuit court of appeals shall have the powers specified in section seven hundred and sixteen of the Revised Statutes of the United States. (26 U. S. Stats. 827, sec. 12; Rev. Stats. sec. 716.)

Ne exeat, Rev. Stats. sec. 717; restraining order, Id. secs. 718, 719; holding to security for breach of peace, Id. 727; habeas corpus, Id., secs. 751, 752; arrest and admission to bail, Id. secs. 1015, 1016; search-warrants under Revenue Law, Id. sec. 3066; as amended, 22 U. S. Stats. 49; search-warrants for counterfeits and implements, 26 U. S. Stats. 743, sec. 5.

§ 186. Appeals, etc., from Indian Territory court.-Appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the district or circuit courts of the United States under this act.

(26 U.S. Stats. 829, sec. 13.)

§ 187. Appeals to Supreme Court— Repeals.-Section six hundred and ninety-one of the Revised Statutes of the United States, and section 3 of an act entitled, "An act to facilitate the disposition of cases in the Supreme Court, and for other purposes," approved February sixteen, eighteen hundred and seventy-five, be and the same are hereby repealed. And all acts and parts of acts relating to appeals or writs of error inconsistent with the provisions for review by appeals or writs of error in the preceding sections five and six of this act are hereby repealed. (26 U. S. Stats. 829, sec. 14.)

§ 188. Jurisdiction in cases from territorial supreme courts. The circuit courts of appeal, in cases in which the judgment of the circuit courts of appeal are made final by this act, shall have the same appellate jurisdiction, by writ of error or appeal, to the courts of Territories as by this act they may have to review the judgments, orders, and decrees of the district court and circuit courts, and for that purpose the several Territories shall, by order of the Supreme Court, to be made from time to time, be assigned to particular circuits. (26 U. S. Stats. 830, sec. 15. Act approved March 3, 1891.

Decisions under the Revised Statutes, section 631, relating to appeals from the district courts to the circuit courts, superseded by this act creating the circuit courts of appeals.

"Final decree" refers to decrees in equity or admiralty and maritime jurisdiction, and in such cases only appeal lies (United States v. Nourse, 6 Peters, 470); and a writ of error is not the proper process. (McLellan v. United States, 1 Gall. 227; Norton v. Hood, 12 Fed. Rep. 767, note) If no appeal is taken from decree of condemnation, subsequent proceedings are not appealable. (The Hollen, 1 Mason, 131.) The appeal under this section lies only from a final decree. (Norton v. Hood, 12 Fed. Rep. 763; Mordecai v. Lindsay, 19 How. 199; The Seneca, Gilp. 34.) A FED. PROC.-40.

decree for libelant which does not order payment of the money to him is not final. (Montgomery v. Anderson, 21 How. 386.)

Amount in controversy.-If libelant does not claim more than fifty dollars, he cannot appeal from the decree of dismissal. (Agnew v. Dorman, Taney, 386.) Section six hundred and thirty-three, relating to writs of error to the district court, applies only to the few common-law actions justiceable in the district courts (United States v. Wonson, 1 Gall. 5; United States v. Fifteen Hogsheads, 5 Blatchf. 106; Jacob v. United States, 1 Brock. 520); but all cases in admiralty involving over fifty dollars are reviewable under section six hundred and thirty-one. It must exceed fifty dollars exclusive of costs. (The Seneca, Gilp. 34; The Roarer, 1 Blatchf. 1.) If the claim with interest amounts to more than fifty dollars, appeal lies. (Godfrey v. Gilmar in, 2 Blatchf. 340.) If libelant admits the demand to be less, while the claim in the libel is more than the amount limited, he will be subjected to the costs. (McGinnis v. Carlton, 1 Abb. Adm. 570. And see Greigg v. Reade, Crabbe, 64; Sterling v. Titus, 1 Sum. 147; Jenks v. Lewis, 3 Mason, 503.) If the owner appears and defends a libel in rem for wages, he may appeal from a decree for more than fifty dollars, though the proceeds of the vessel are less than that sum. (The Enterprise, 2 Curt. 317.) If a tender was conditioned on discontinuance, defendant may appeal from a decree for the sum tendered, (The A. H. Quimby, 7 Week. N. Cas. 509.)

Who may appeal.-A party who contests the damages before a commissioner after judgment may appeal. (Farrell v. Campbell, 7 Blatchf. 158.) In cases of tort one of the several defendants may appeal from a joint decree where they have not a joint interest.) (Thomas v. Lane, 2 Sum. 1.) The appeal must be joint when the interest is joint, and several when the interests are several. (Thomas v. Lane, 2 Sum. 1.)

Application for and allowance of appeal.-It is usually applied for in open court (The Enterprise, 3 Wall. Jr. 53), and viva voce (Folger v. Shaw, 2 Wood. & M. 531.) If there is no rule of court as to the time of taking it, appeal can only be taken in open court immediately after decree, and before adjournment for the term (Norton v. Rich, 3 Mason, 443); and if not taken before final adjournment, the right will be deemed waived (The New England, 3 Sum. 495); but until formal decree is entered the party is not bound to enter appeal. (The New England, 3 Sum. 495.) If the district court unlawfully refuses to allow an appeal, the circuit court will allow it to be entered. (The Enterprise, 2 Curt. 317.) In case of surprise or misapprehension, the court will interfere on motion and proofs, and enlarge the time to perfect the appeal. (Gaines v. Travis, 1 Abb. Adm. 422.)

Time of appeal.-Appeal must be taken to the next term of the circuit court after rendition of the decree. (U. S. v. Hogsheads, 1 Curt. 276; The Hollen, 1 Mason, 431; Gloucester Co. v. Younger, 2 Curt, 322; The Oriental, 9 Chic. L. N. 321; The Glamorgan, 2 Curt. 236; U. S. v. Specie, 1 Woods, 14.) Within the statutory limits, district courts may fix the time for taking an appeal. (The Enterprise, 3 Wall, Jr. 58) It is not incumbent on the party obtaining the decree to warn the opposite party when the period of delay will expire. (Gaines v. Travis, 1 Abb. Adm. 422.) An appeal taken from a mere order of affirmance and before final decree is premature. (Harris v. Wheeler, 8 Blatchf. 81.)

When takes effect.-If an appeal was prayed for and allowed, and a bond filed, it is sufficient (The Rio Grande, 23 Wall. 458); and it takes effect by relation back as if entered in open court when sentence was pronounced. (The New England, 3 Sum. 495.) They must be taken to the next term of the circuit court after rendition of the decree. (The Glamorgan, 2 Curt. 236; Gloucester Ins. Co. v. Younger, 2 Curt. 22; The Hollen, 1 Mason, 431; The Oriental, 9 Chic. L. N. 321.)

Effect of taking appeal.-An appeal in admiralty has the effect to supersede and vacate the decree, and a new trial ensues. the Lucille, 19 Wall. 73.) When taken, the res is transmitted to the circuit court (The Grotius, 1 Gall. 503; U. S. v. Towns, 7 Ben. 444), and the bond follows the cause. (The Wanata, 95 U. S. 600.) If taken before the surrender of the vessel by the marshal and a bond is filed in time, jurisdiction attaches, althongh the vessel is not in possession of the court. (The Rio Grande, 23 Wall. 458; 1 Woods, 279.) If the vessel is released on a stipulation, the stipulation goes with the case and a decree may be entered against the stipulators. (The Wanata, 95 U. S. 600; The Lady Pike, 96 U. S. 461; Dutcher v. Woodhull, 7 Ben. 313; McLellan v. U. S., 1 Gall. 227; Nelson v. U. S., Peters C. C. 235.) Where the appeal is regular, the funds belonging to the case are transferred with the papers (The Lotta wanna, 20 Wall. 201; The Seneca, Gilp. 34; Hayford v. Griffiths, 3 Blatchf. 34; see The Collector, 6 Wheat. 194); and after the appeal the district court has no power to discharge persons in whose custody the funds may be. (The Collector, 6 Wheat. 194; Penhallow v. Doane, 3 Dall. 51; Hayford v. Griffiths, 3 Blatchf. 34; The Seneca, Gilp. 34; The Grotius, 1 Gall. 503.)

Parties, rights of -A party who did not appeal from the decree cannot question its correctness. (The Alonzo, 2 Cliff. 548; Allen v. Hitch, 2 Curt. 147; The Boston, 1 Sum. 328.) If an abandonment is accepted after appeal taken, the insurer may appear as dominis litis. (The Monticello v. Mollison, 17 How. 152; The Ann C. Pratt, 1 Curt. 340.) If the parties who become stipulators in the district court become insolvent, claimants may be required to file a new stipulation. (The Union, 4 Blatchf. 90; The Virgo, 13 Blatchf. 255.) The stipulation cannot be put aside and a new valuation be substituted in its place (The North Carolina, 15 Peters, 40); but if the circuit court enters judgment against the stipulators without recalling the res an action cannot be maintained against the owners. S. v. Ames, 92 U. S. 35)

(U.

Review on appeal.-Where the decree on exceptions to commis sioner's report is against respondent, but the libel is dismissed on other grounds, and no cross-appeal, the exceptions cannot be examined. (The Cadmus, 2 Paine, 564.) The proceedings of the commissioner in rejecting or allowing items cannot be reviewed unless exceptions are filed and acted on in the lower court. (Farrell v. Campbe 1, 7 Blatch. 158; The Vicksburg, 7 Blatchf. 216; Harris v. Wheeler, 8 Blatchf 1.) Where no exception to the admission of evidence is taken in the district court, the question cannot be considered. (The Vicksburg, 7 Blatchf. 216; The Uncle Sam, 1 McAll. 77.) So objection that repairs were made at the home port cannot be taken for the first time on appeal, nor can the discretion of the court in imposing terms on the allowance of amendments be reviewed (The Cadmus, 2 Paine; 564); but the objection that there was no seizure prior to filing the libel may be taken for the first time in the circuit court. (The Fideliter, 1 Sawy. 153.)

Practice. The circuit court does not possess original jurisdiction in admiralty, nor can it acquire jurisdiction by a stipulation filed in the cause on appeal. (Georgia v. Madrazo, 1 Peters, 123) So where an appeal is taken from a final decree, the circuit court cannot permit parties to amend the transcript by agreement that there was a final decree (Mordecai v. Lindsay, 19 How. 199); but if parties for a long time treat an appeal as valid, one of them alone cannot have it dismissed. (The Native, 14 Biatchf. 34.) The suit cannot be discontinued without the consent of respondent or leave of court. (Folger v. Shaw, 2 Wood & M. 531,) The circuit court may allow a supplementary answer and defense (The Boston, 1 Sum. 328), but not where the only effect would be to drive the libelant to another forum. (Reppert v. Robinson, Taney, 429; see Coffin v. Jenkins, 3 Story, 108.)

Continuance.-A party not guilty of laches may get a continuance for the purpose of producing further proof (Rose v. Himely, Bee, 313), but not where the witness fails to attend upon summons, except under special circumstances (Taylor v. Harwood, Taney, 4371; and he cannot obtain a continuance where he has neglected to file the transcript until too late. (The Illinois, 6 McLean, 413; The Marengo, 6 McLean, 499.) If there is an omission to prove a fact, final decision may be postponed to produce the evidence thereof. (An Open Boat, 5 Mason, 232,)

Amendment, allowance of-The cause in the circuit court on appeal is heard de novo (Yeaton v. United States, 5 Cranch, 281; The Morning Star, 14 Fed. Rep. 866); and in fit cases amendments may be allowed as to the allegations and proofs. (Rose v. Himely, Bee, 313; The North Carolina, 15 Peters 40; The Edward, 1 Wheat. 251; The Marianua Flora, 11 Wheat. 1; Cushman v. Ryan, 1 Story, 91; The Boston, 1 Sum. 328; The Sarah Ann, 2 Sum. 200; Thomas v. Lane, 2 Sum. 1.) So if parties are improperly joined, amendment may be allowed striking out their names (Taylor v. Harwood, Taney, 437); but the power ought to be exercised with caution, and for purposes of justice. (Reppert v. Robinson, Taney, 492.) So it will not allow an amendment which introduces a different subject of litigation (The North Carolina, 15 Peters, 40; The John Jay, 3 Blatchf. 67); nor which will assert the amount in controversy. (Agnew v. Dorman, Taney, 336.)

Evidence on appeal.-New testimony may be taken in the circuit court on an appeal (Carrigan v. Pitman, 1 Wall. Jr. 307), and former restrictions are overlooked or abandoned (Cushman v. Ryan, 1 Story, 91; The Boston, 1 Sum. 328); but where judgment by default had been entered in the district court, the merits are concluded. (Farrell v. Campbell, 7 Blatchf. 158.) So if the parties have bound themselves by an agreement, they may be precluded from objecting to a finding of fact (Gloucester Ins. Co. v. Younger, 2 Curt. 323); and if new evidence offered might have been introduced in the court below, its value will be materially diminished. (The Brig Busy, 2 Curt. 586; Cushman v. Ryan, 1 Story, 91; Taylor v. Harwood, Taney, 437.) On reversing a decree upon further proof, the court may allow both parties to take further testimony on the merits in a suit in personam for a collision. (Remington v. Navigation Co., 6 Blatchf. 153.) The burden of proof is on appellant to show mistake or error of law. (Baker v. Smith, 1 Holmes, 85; Cushman v. Ryan, 1 Story, 91; Pigs of Copper, 1 Story, 314.) The evidence taken in the district court must be in writing, and form part of the proceedings (Folger v. Shaw, 2 Wood. & M. 5-); and if a note is surrendered in the district court, the record must show who produced it, and for what purpose. (Reppert v. Robinson, Taney, 492.) Evidence taken in the circuit court should be reduc. d to writing. (The Boston, 1 Sum. 328.) Admissions and declarations of parties are admissible in evidence on the hearing of the cause. (The Markee, 3 Fed. Rep. 45; affirmed 14 Fed. Rep. 112.)

Abandonment of appeal-If appellant fails to prosecute his appeal to the next term of the circuit court, he will be deemed to have deserted it (The Betsey, 1 Gall. 416; U. S. v. Haynes, 2 McLean, 155), and the cause may be remitted to the district court. (The Betsey, 1 Gall. 416.) If nothing else is shown as to the merits but the judgment, the court will affirm the judgment (Folger v. Shaw, 2 Wood & M. 531); and the appellee must apply for relief to the circuit court, and not to the district court. (The Josephine, 1 Abb. Adm. 481.)

Dismissal. The circuit court may dismiss the libels if the appeal is from a decree in appellant's favor. (Four Hundred and Thirty-eight Bales, 1 Woods, 75.)

Affirmance on appeal.-If the court cannot determine on which side the evidence preponderates, it will affir.n the decree of the district