16 RINGGOLD'S CASE.
been governed, in this respect, by a sound discretion upon a
consideration of the peculiar nature of each case; so that, in fact,
the hearing of a petition, to stay its own proceedings, pending an
appeal, is, in some sort, a summary rehearing of the case itself, (n)
Upon all such occasions, however, the court gives a certain degree
of credit to its own decree, supposing it to be right, unless strong
ground is shewn for a contrary conclusion, more than the mere
dissatisfaction of the party appealing. And, in order to induce the
court to regard the ease as reasonably doubtful, at least two counsel,
who the court will not presume to act so unworthily as to state what
they do not know and believe, must certify, that, in their opinion,
is just cause for appealing.(o) It must appear, that the
application for an appeal has not been unreasonably delayed ;(p)
and, although an appeal may be taken from a decree to account,
yet the court will proceed to have the account taken pending the
appeal.(q) In granting a stay of its proceedings, the Court of
Chancery, generally, imposes such terms, by ordering the sum
decreed to be paid into court, and so invested as to be productive
pending the appeal, or by appointing a receiver, or by requiring
such security, as will afford to the party in whose favour the decree
has been made a reasonable assurance, that there shall be no unjust
delay in prosecuting the appeal, or any material loss, or irreparable
injury sustained by a suspension of the proceedings, (r)
In England, the rules prescribing the extent of the right of appeal
from the inferior Courts of Admiralty, and the regulations by which
its exercise is prevented from being abused, are nearly similar to
those by which the right of appeal is limited, and its exercise
restrained from decrees of the High Court of Chancery, (s) Here,
however, in the federal courts, no appeal is allowed in any case of
admiralty and maritime jurisdiction, but from the final decree, or
sentence of the court ;(t) and, if such final decree be not appealed
from, no appeal lies from any subsequent proceeding upon the
summary judgment rendered on a bond for the appraised value, or
upon an admiralty stipulation taken in the case to enforce the decree;
(n) Willan v. Willan, 16 Ves. 217; Monkhouse v. The Corporation of Bedford,
17 Ves. 382; Woof v. Griffith 19 Ves. 551.—(o)Huguenin v. Basely, 15 Ves. 183,
(p) Savage v. Poster, 9 Mod.; Gwynn v. Lethbridge, 14 Ves. 585--(f) Popham
v. Bampfiteld, 1 Vern. 344; Nerot v. Burnard, 2 Russ. 56.—(r) Willan v. Willan,
16 Ves. 216; Monkhouse v. The Corp. of Bedford, 17 Ves. 380 Way v. Foy, 18 Ves.
452; Huguenm v. Basely, 15 Ves. 180.—(s) Clarke's Praxis, tit. 54 & 55.—(t) Act
Cong. 24th Sept. 1789, ch. 20, s. 21 & 22
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