PRIZE PRACTICE there was an order, or that the proofs were taken by consent. The Georgia, 7 Wal. 32. 64. A second order for further proof may be made where the affidavits produced on the order for further proof are positive, but their credibility is impaired by the non-production of letters therein mentioned. The Frances, 8 Cranch, 348. 65. The captors are competent witnesses on an order for further proof, where the order extends to both parties. The Anne, 3 Wheat. 435. 66. In the supreme court, prize causes are first heard on the evidence transmitted from the circuit court, and the court will determine therefrom whether to allow further proof. The London Packet, 2 Wheat. 371. 67. Further proof allowed. The Mary, 8 Cranch, 388; The Grotius, Id. 456; The Hazard's Cargo v. Campbell, 9 Cranch, 205; The Adeline, 9 Cranch, 244; The Samuel, 1 Wheat. 9; The Venus, 1 Wheat. 112; The George, 1 Wheat. 408; The Elsineur, 1 Wheat. 439; The Fortuna, 2 Wheat. 161; The Pizarro, 2 Wheat. 227; The London Packet, 2 Wheat. 371; The Friendschaft, 3 Wheat. 14; The Fortuna, 3 Wheat. 236; The Atalanta, 3 Wheat. 409. 68. Not allowed. The St. Lawrence, 8 Cranch, 434; The Dos Hermanos, 2 Wheat. 76; The Gray Jacket, 5 Wal. 342. 69. Affidavits, to be used as further proof in prize cases in the supreme court, must be taken under a commission. The London Packet, 2 Wheat. 371. 70. Depositions taken as further proof in one prize cause cannot be used in another. The Experiment, 4 Wheat. 84. 71. Neglect of a claimant to comply with an order for further proof is, in general, fatal to his claim. La Nereyda, 8 Wheat. 108. 72. The failure of a claimant who set up title under a decree of condemnation as prize to produce a copy of the proceedings on which the condemnation was pronounced, on an order for further proof, held, in the circumstances, his conduct being inconsistent with his asserted proprietary interest, to justify the rejection of his claim. Ib. 73. If, on the production of further proof, the neutrality of the property be not established beyoud reasonable doubt, condemnation will follow. The Amiable Isabella, 6 Wheat. 1. 74. Agreements in Prize Court made under Mistake, set aside.] An agreement in a prize court, like an agreement in a common-law court or a court of chancery, made under a clear mistake, will be set aside. The Hiram, 1 Wheat. 440. Appeal where Damages are awarded against Decree - When final for Purposes of Appeal. PRIZE PRACTICE- continued. See APPEAL AND ERROR - PROCEEDINGS Pending Prize Case may be referred. See ARBITRATION AND REFERENCE, 3. Supreme Court - New Claim not to be presented on Appeal. ̧ See SUPREME COURT- JURISDICTION, 34. PROBABLE CAUSE-Act of Federal Officer Ground See CAPTURE RESTITUTION, 15. Bankruptcy-Belief in Insolvency of Debtor. See BANKRUPTCY PRIOR TRANSAC TIONS, 21, 22, 34. PROBATE COURT Jurisdiction What it includes - Power of the Court in Mississippi.] Jurisdiction of all probate and testamentary matters does not necessarily include power to license an administrator to sell land for the payment of debts. Hamilton Bank v. Dudley, 2 Pet. 492. 2. In Mississippi, under the statute of 1833, the judge of probate has authority to appoint a clerk pro tempore to act, not merely during the term at which the appointment is made, but in vacation during the temporary disability of the clerk. Cocke v. Halsey, 16 Pet. 71. 3. The decision of the judge on the exigency is final. Ib. PROFITS Element of Damages See DAMAGES. Meaning of the Word. See CENTENNIAL EXPOSITION. Measure of Damages for Infringement of Patent. PROHIBITION-When the Supreme Court may issue the Writ-To what Courts it may issue, and Form of the Writ. The for what Purpose supreme court cannot issue a writ of prohibition where it has no appellate power, and no special authority. Thus, it can issue none to a circuit court in a criminal case. Ex parte Gordon, 1 Black, 503. 2. It has no power to issue a writ of prohibition to a district court sitting in bankruptcy. Ex parte Christy, 3 How. 292. 3. Nor to a circuit court in a proceeding under act of May 31, 1870, § 23 (16 Sts. 140), to enforce the rights of citizens of the United States to vote in the several states, until an appeal is taken from a final decree therein. Ex parte Warmouth, 17 Wal. 64. 4. The supreme court will grant a writ of prohibition upon a judge of the district court who is proceeding in a cause of which the district court 5. On motion for a writ of prohibition against the district court, the writ was withheld, although the court was satisfied that that court was pro See BILLS AND NOTES. ceeding without authority of law, the litigation PROMISSORY NOTES — In general. 6. Proceedings under the confiscation act of July 17, 1862 (12 Sts. 589), are not proceedings in admiralty, although the act declares that they "shall be in rem, and conform as near as may be to proceedings in admiralty; and hence a writ of prohibition will not lie to a district court in such case, the writ being confined to cases in which the court is proceeding as a court of admiralty. Ex parte Graham, 10 Wal. 541. 7. Whether the supreme court can issue a writ of prohibition to a district court proceeding as a court of "admiralty and maritime jurisdiction," depends on the facts shown by the record on which that court is called to act, and on nothing dehors. Ex parte Easton, 95 U. S. 68. 8. A writ of prohibition will not lie to correct a supposed error in a judgment of an admiralty court on the merits of a suit. The remedy, if any, is by appeal. If there is no right of appeal, the parties are concluded. Ex parte Pennsylvania, 109 U. S. 174. 9. A district court having jurisdiction of a libel growing out of a collision will not be restrained by prohibition from determining whether the vessel is liable for damages resulting from a loss of life. Ex parte Gordon, 104 U. S. 515. 10. Nor will the writ issue although the damages claimed are so small that no appeal can be taken to the supreme court. Ex parte Detroit River Ferry Co., 104 U. S. 519. 11. Claims for pilots' fees are within the jurisdiction of the district court sitting in admiralty; and that court will not be restrained by writ of prohibition from proceeding in a suit to recover such fees. Ex parte Hagar, 104 U. S. 520. 12. The writ of prohibition can be used only to prevent the doing of some act which is about to be done, and not as a remedy for acts already PROOF Debts in Bankruptcy. See BANKRUPTCY PROCEEDINGS In general. See EVIDENCE. ΤΟ PROPERTY-What constitutes-Real Property.] 2. One who lends to a city cannot be said to be a holder of property within its limits merely because he holds as evidence of the debt certifi cates of stock in the city, whereby the city prom ises to pay the sums named. Murray v. Charleston, 96 U. S. 432. Ferry Franchise is Property, and may be protected by Injunction. See FERRY, 7. Married Woman's Separate Property - Community, etc. See HUSBAND AND WIFE. Meaning of the Term― Railroad Land Grant See RAILROAD - MORTGAGE, 13, 14. Real or Personal- Whether Portable Saw- See JURY, 42. - Sale and Investment of the Proceeds of Property in Litigation or in Possession of Court Operation of Railroad See COURT-IN GENERAL, 22, 24. completed. United States v. Hoffman, 4 Wal. PROTEST - Duties on Imports — Protest when See DUTIES REMEDIES FOR ILLEGAL Negotiable Paper. See BILLS AND NOTES-INDORSEMENT, Internal Revenue - Payment under Protest. See ACCORD AND SATISFACTION, 11. PROVIDED Word does not Necessarily create | PROVISIONAL GOVERNMENT — continued. a Condition in a Devise. See DEVISE AND LEGACY, 30. PROVISIONAL COURTS - Power of the President to establish Decrees Powers.] The president, as commander-in-chief, has power, during civil war, to establish provisional courts of justice in insurgent territory occupied by the federal forces. The Grapeshot, 9 Wal. 129; Mechanics' & Traders' Bank v. Union Bank, 22 Wal. 276. 2. A decree of the provisional court of Louisiana, established by order of the president, during the rebellion, having been transferred into the circuit court pursuant to act of congress, is to be deemed, as regards appeal, as a decree of the circuit court. The Grapeshot, 7 Wal. 563. 3. The provisional court of Louisiana, established by executive order October 20, 1862, did not cease to exist until July 28, 1866, the date of the enactment (14 Sts. 344), whereby the transfer of its pending cases, judgments, and decrees to the federal courts was provided for. Burke v. Miltenberger, 19 Wal. 519. 4. The powers of temporary courts set up in a conquered territory do not necessarily terminate on the cessation of hostilities, if the conqueror retain the sovereignty. Leitensdorfer v. Webb, 20 How. 176. Conqueror may set up. See WAR, 12. Decree in Admiralty - Appeal to Supreme Court. See SUPREME COURT - JURISDICTION, 36. Jurisdiction in Civil Case - Federal Question. See ERROR TO STATE COURT DICTION, 149. JURIS PROVISIONAL GOVERNMENT Power To revoke Appointment of Judge To set aside Decree of Court- Continuance.] The appointment of a judge by a military governor of a state in time of civil war is revocable at the discretion of such governor; and when the civil government comes into operation independent of military control, the authority derived from such appointment ceases, and the office becomes vacant. Handlin v. Wickliffe, 12 Wal. 173. 2. Nothing in the act of March 2, 1867 (14 Sts. 428), nor in the act of July 19, 1867 (15 Sts. 14), defining the duties of military officers in command of the several states then lately in rebellion, authorized a commanding officer wholly to annul a decree rendered by a court of chancerv in a case within its jurisdiction. Raymond v. Thomas, 91 U. S. 712. Appointment of Military Governor did not Power of President to erect. See UNITED STATES IN GENERAL, 4 et seq. PROXIMATE CAUSE Carrier's Liability · Proximate Cause as affecting. See CARRIER-DUTY AND LIABILITY, 1. Injuries to Person, etc. Question for Jury. See NEGLIGENCE, 8 et seq. 3. A military government erected by the president as commander-in-chief in a conquered territory may lawfully continue after a treaty of PUEBLO cession, and until the establishment of a civil government by congress. Cross v. Harrison, 16 How. 164. Rights to Lands under Mexican Laws. GRANTS FROM FORMER GOVERNMENTS, 41 et seq. diction of Federal Courts. See FEDERAL QUESTION. Law or Fact - For Court or Jury. Saving and Presenting on Appeal, Error, or See APPEAL; CASES CERTIFIED; ERROR; 3. The Kentucky statute on this subject is not without influence on a question as to the propriety of the application of that remedy by the federal courts to cases arising in that state. Ib. 4. He only who has a clear legal and equitable title accompanied by possession can maintain a bill of peace. Thus, the court cannot quiet title in favor of one who has taken an assignment of a secret equity for a nominal consideration and voluntarily purchased the legal title, knowing it QUI PRIOR EST TEMPORE, ETC. — Applies only to be in litigation in another court. Orton v. where Equities are equal. See EQUITY-JURISDICTION, 9. Smith, 18 How. 263. 5. A bill may be maintained as a bill to quiet title, or to remove a cloud, or as preventing a multiplicity of suits, although the complainant has QUI TAM — Action under Federal Statute does a legal title. Crews v. Burcham, 1 Black, 352. not survive. See ACTION, 19. QUIA TIMET 6. Where an execution issued from a district court on a decree in admiralty has been levied on real estate, the execution creditor may maintain a Where Bill lies.] Where the bill to ascertain and remove an incumbrance conincome of property is devised in trust primarily sisting of an unfounded claim under another lien for a particular charity, the surplus, if any, for which is an impediment to a fair sale of the land, others, the heirs-at-law cannot maintain a bill in as in case of execution at common law. Ward the nature of a bill quia timet to have the possi-v. Chamberlain, 2 Black, 430. ble future surplus appropriated to themselves, 7. Under the Oregon statute which provides on the ground merely of anticipated difficulty in its precise administration and of expectation of its consequent perversion, no surplus having arisen, nor any prospect of any. Girard v. Phil adelphia, 7 Wal. 1. that "any person in possession" of real property may maintain a bill against an adverse claimant to quiet the title, a bill will not lie on mere possession, without some right, legal or equitable, first shown. Stark v. Starr, 6 Wal. 402. |