court (The Sampson, 4 Blatchf. 28; The Florida, 4 Blatchf. 280; The Sunswi k, 5 Blatchr. 280; The Heroine, 6 Blatchf. 188; Davidson v. Sealskins, 2 Paine, 324); and where no question of law is involved in the decree of the court below, the decree will not be disturbed unless it is clearly contrary to the evidence (The Gratton, 1 Blatchf, 173; Baker v. Smi h, 1 Holmes, 85; The Potomac, 18 How. Pr. 185); nor will it ordinarily interfere with the amount of damages decreed (The Narragansett, 1 Blatchf. 211; The Yankee v. Gallagher, 1 McAll. 467; The Uncle Sam, 1 McAll. 505; Cushman v. Ryan, 1 Story, 91: Taylor v. Harwood, Taney, 437), or the amount of compensation in salvage cases, unless there is a clear departure from the principles governing such cases (The Anna, 10 Blatchf. 456; Rowe v. The Brig, 1 Mason, 372; Pigs of Copper, 1 Story, 314; The Boston, 1 Sum, 328); but where it appears that manifest injustice has been done, it is the duty of the court to interfere. (The Yankee v. Gallagher, 1 McAll 467.) If the decree of the district court is affirmed, the proper form is for damages with interest (Deems v. Albany Canal Line, 14 Blatchf. 474), and interest for delay on the costs (The Wanata, 95 U. S. 600). unless the stipulators make no defense, and are not guilty of default or contumacy. (The Wanata, 95 U. S. 600.) If one of the stipulators has since died, decree may be entered against the other. (the James A. Wright, 10 Blatchf. 160; The C. Ackerman, 14 Blatchf. 360.) The circuit court should not affirm a part and then dismiss the appeal. (The Lottawanna, 20 Wall. 201), and the formal decree of dismissal is submitted to the court on written draft, subject to amendment on suggestion of parties. (The New England, 3 Sum. 495.) An order merely affirming the decree is not a final decree. (The Lucille, 19 Wall. 73; Harris v. Wheeler 8 Blatchf. 81).

Reversal.-If that which is appealed from is reversed, that which is not reversed becomes part of the decree. (The Roarer, 1 Blatchf. 1) Where the district court dismisses a bill of review for want of jurisdiction, the circuit court may reverse the decree. (The New England, 3 Sum. 195.) The circuit court cannot remand the case for the district court to carry its decisions into execution. (The Collector, 6 Wheat. 194; Montgomery v. Anderson, 21 How. 386.) The circuit court cannot decree increased damages without first reversing the decree of the district court. (Stratton v. Jarvis, 8 Peters, 4; The Alonzo, 2 Cliff. 548; Airey v. Merrill, 2 Curt. 8; The Peytona, 2 Curt. 21; Allen v. Hitch, 2 Curt. 147.)

Costs-Effect of Reversal.-If the decree is reversed for want of jurisdiction, libelants may be decreed to pay the costs (Tome v. Lumber, Taney, 533); but not if costs were awarded against him in the district court (The McDonald, 4 Blatchf. 477); and if the appeal is dismissed for want of jurisdiction, no costs will be awarded (Agnew v. Dorm in, Taney, 386); and where the decree is reforined, costs to either party may be denied. (The Underwriter, 4 Blatchf. 94; Bernard v. Hudson, 3 Sum. 405.) So in salvage cases the court may allow costs in its discretion. (The Boston, 1 Sum. 328.) If the decree is not varied, appellee is entitled to costs. (Citizens Bk. v. Steamboat Co. 2 Story, 16; The Henry Ewbanks, 1 Sum. 400; The Connestoga, 2 Wall. Jr. 116). Where the decree is reversed, appellant is entitled to costs (The Connestoga, 2 Wall Jr. 116); but if reversed on productionof new proofs, with no reason assigned for their non-production in the court below, costs will not be allowed (Reed v. Hussey, Blatchf. & H. 525; Macomber v. Thompson, 1 Sum. 384; Carrigan v Pittman, 1 Wall. Jr. 307); and counsel fees cannot be included as a part of the costs. (The Connestoga, 2 Wall. Jr. 116.) If a claimant succeeds in establishing his claim, he is entitled to costs. (The Emily B. Souder, 15 Blatchf. 185.) When the appeal is from the whole decree the circuit court may review the decision as to costs. (The A. H. Quimby, 7 Week. N. Cas. 509.)

Rehearing.-Application for rehearing will be denied if made after lapse of the term. (Petty v. Merrill, 12 Blatchf. 11.)

$197. Duties of the reporter.

§ 198. Reporter's salary and price of reports.

$189. Number of justices.-The Supreme Court of the United States shall consist of a chief justice of the United States and eight associatə justices, any six of whom shall constitute a quorum. (Rev. Stats. sec. 673.)

$ 190. Precedence of the associate justices.—The associate justices shall have precedence according to the dates of their commissions, or, when the commissions of two or more of them bear the same date, according to their ages. (Rev. Stats. sec. 674.)

$191. Vacancy in the office of chief justice.—In case of a vacancy in the office of the chief justice, or of his inability to perform the duties and powers of his office, they shall devolve upon the associate justice who is first in precedence, until such disability is removed, or another chief justice is appointed and duly qualified. This pro

vision shall apply to every associate justice who succeeds to the office of chief justice. (Rev. Stats. 675.)

§ 192. Salaries of judges.-The chief justice of the Supreme Court of the United States shall receive the sum of ten thousand five hundred dollars a year, and the justices thereof shall receive the sum of ten thousand dollars a year each, to be paid monthly. (Rev. Stats. sec. 676.)

§ 193. Clerk, marshal, and reporter. -The Supreme Court shall have power to appoint a clerk and a marshal for said court, and a reporter of its decisions. (Rev. Stats. sec. 677)

§ 194. Deputies of the clerk.-One or more deputies of the clerk of the Supreme Court may be appointed by the court on the application of the clerk, and may be removed at the pleasure of the court. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk in his name, until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. (Rev. Stats. sec. 678.)

§ 195. Record of the old court of appeals.--The records and proceedings of the court

of appeals, appointed previous to the adoption of the present Constitution, shall be kept in the office of the clerk of the Supreme Court, who shall give copies thereof to any person requiring and paying for them in the manner provided by law for giving copies of the records and proceedings of the Supreme Court; and such copies shall have like faith and credit with all other proceedings of said court. (Rev. Stats. sec. 679.)

§ 196. Marshal of the Supreme Court. The marshal is entitled to receive a salary at the rate of three thousand five hundred dollars a year. He shall attend the court at its sessions; shall serve and execute all process and orders issuing from it, or made by the chief justice or an associate justice in pursuance of law; and shall take charge of all property of the United States used by the court or its members. With the approval of the chief justice, he may appoint assistants and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade. (Rev. Stats. sec. 680.)

$197.

Duties of the reporter.—The reporter shall cause the decisions of the Supreme Court made during his office to be printed and published within eight months after they are made; and within the same time shall deliver three hundred copies of the volumes of said reports to the secretary of the interior. And he shall, in any year, when he is so directed by the court, cause to be printed and published a second volume of said decisions, of which he shall deliver, in like manner

and time, three hundred copies. (Rev. Stats. sec. 681.)

§ 198. Reporter's salary and price of reports. The reporter shall be entitled to receive from the treasury an annual salary of four thousand five hundred dollars when his report of said decisions constitutes one volume, and an additional sum of twelve hundred dollars when, by direction of the court, he causes to be printed and published, in any year, a second volume. Said re

porter shall be annually entitled to clerk-hire in the sum of one thousand two hundred dollars, and to office rent, stationery, and contingent expenses in the sum of six hundred dollars. (22 U. S. Stats. 219.) The volumes of said reports shall be furnished by the reporter to the public at a sum not exceeding two dollars per volume, and the number of volumes now required to be delivered to the secretary of the interior shall be furnished by the reporter without any charge therefor. (Act of Feb. 12, 1889, ch. 135, sec. 2; 1 Supp. 374.)