The Collector. Wilmot, Claimant

February 23d. Mr. Mitchell, for the appellant and claimant, (1.) stated, that this was not a motion in the Court below, for a rule against the Marshal, to lay the foundation for an attachment, but a proceeding in the nature of an original libel, to give effect to the sentence of this Court, as another Court of Admiralty, in the former cause. That the District Court has jurisdiction to sustain such a libel or petition, founded upon the sentences of foreign Courts, and a fortiori of our own, appears by numerous authorities. Penhallow v. Doane, 3 Dall. 54, 97, 118; Jennings v. Carson, 2 Cranch 21; Livingston v. McKenzie, 3 T. R. 323, note; Smart v. Wolff, 3 Ibid. 329; 2 Bro. Civ. & Adm. Law 120; 7 Ves. jr. 593; Camden v. Home, 4 T. R. 385, 395. The mandate from this Court was properly filed in the District Court, because if the proceeds were to be considered as in Court at all, they were in that Court. They remained in that Court, notwithstanding the appeal, and it was, therefore, the proper tribunal to execute the decree of restitution. According to the English practice in proceedings in rem, the thing in controversy does not follow the suit into the Court of Appeals, but remains in that where the proceeding was originally commenced. 2 Bro. Civ. & Adm. Law 405. This is also the law of our own country. Jennings v. Carson, 2 Cranch 21. The ground of complaint here is, that the proceeds have not been brought into the registry, in pursuance of the interlocutory decree of the District Court, which is the only tribunal competent to vindicate its own decrees. The Circuit Court has no original jurisdiction in Admiralty and Maritime cases, and cannot redress a violation of the orders of the District Court. The object of the present application, is not merely to compel the payment of the proceeds into Court, but to obtain payment of money out of Court, which requires the solemnity of a petition analogous to the proceedings in Chancery in a similar case. Lord Eldon would never suffer money to be paid out of Court on motion, but put the party to his petition, stating his rights, which would thus appear on the records of the Court at any distance of time; and this practice was approved and adopted by Lord Erskine. 3 Ves. jr. 393.