delivered the opinion of the Court, and after stating the facts, proceeded as follows: This is, to say the least, a very novel and extraordinary proceeding. The Marshal, probably, without any improper views,, or an intention of making use of the proceeds of the vessel and cargo, disobeys the order of the Judge, and instead of de-. positing them in the registry of the Court, keeps them under his own control, and finally distributes them among, the parties without any direction of the Court on the subject. This was a great irregularity,, but the owners of the schooner Collector and cargo have, no right at this day to complain of it. They were early apprised of the situation of their
By an appeal from the sentence of a District Court to a Circuit Court, 1 the latter becomes possessed of the cause, and executes its own judgment without any intervention of the former. It is fit, therefore, tha; the proceeds of the property, if it have been converted into money, should follow the appeal into the Circuit Court, and be deposited in such bank, or other place, as it may direct, there to remain, subject to the disposition and direction of the Circuit Court. And if the property at the time of the appeal remain in specie in the Marshal’s custody, and any order or direction shall become necessary for its sale or preservation after an appeal, such order must emanate from the Circuit Court. But if a further appeal be had to the Supreme Court, the property, or its proceeds, will still continue in the Circuit Court, because the Supreme Court, in such cases, does not execute its own judgments, but sends a special mandate to the Circuit Court to award execution thereon.
The proceeds, therefore, of the Collector and cargo, at the time of filing the present petition and libel, even if the order of the District Court in relation to them, had been complied with, could not, after the appeal, be regarded as in, or under, the control of the District Court, which was, therefore, incompetent, when this petition was filed, to.make any order respecting them.
Sentence affirmed, with costs.-