Mr. Day to Mr. Cambon.

No. 102.]

Excellency: Referring to your inquiry of the 15th instant, I have the honor to inform you that by the statutes of the United States an appeal may be taken to the Supreme Court from all final decrees of any district court in prize cases where the matter in dispute, exclusive of costs, exceeds the sum or value of $2,000; and that an appeal is allowed in such cases, without reference to the value of the matter in dispute, on a certificate of the district judge that the adjudication involves a question of general importance. The law requires that the Supreme Court shall receive, hear, and determine such appeals, and shall always be open for the entry thereof. Power is vested in the Supreme Court also, if, in its judgment, the purposes of justice require it, to allow any amendment either in form or substance of any appeal in prize cases.

It is provided that appeals in such causes shall be made within thirty days after the rendering of the decree appealed from, unless the court previously extends the time for cause shown in the particular case. The Supreme Court is empowered if, in its judgment, the purposes of justice require it, to allow an appeal in any prize case if it appears that any notice of appeal or of intention to appeal was filed with the clerk of the district court within thirty days after the rendition of the final decree therein.

This answer to your inquiry is based in substance upon sections 695, 1006, and 1009 of the Revised Statutes of the United States.

Accept, etc.,

William R. Day.