Page:Federal Reporter, 1st Series, Volume 4.djvu/763

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EICHiEDSON tî. Saïl? flAYIffl, 7*9 �filed eertain findings of fact and conclusions of law made by it.' On the twenty-second of July a final decree was filed, signed by the judge, dismissing the libel, with costs, and dated July 10, 1879. The libellant neither took nor filed any exceptions until July 17, 1880, when he filed a paper con- taining exceptions to refusais of the court to find certain mat- ters of fact which the libellant requested it to find, the excep- tions being made on the ground that the facts which the libellant so requested the court to find were clearly proved by the evidence, and not contradicted by any material evidence in the case, and that therefore the refiisal of the court to find the same was in each case an error in law, as a finding against evidence. The same paper contains an exception to a find- ing of fact -which the court made as unsupported by any evi- dence. The same paper contains exceptions to certain con- clusions of law found by the court. "With a view to using it on an appeal to the supreme court, the libellant now presents to the court, to be signed and filed, a paper calling itself a bill of exceptions, which represents thàt said< exceptions were filed before the final decree was made. , . �The act of February 16, 1875, provides that the circuit court, "on deciding causes of admiralty and maritime juri's- diction on the instance side of the court, shall find thp facts and the conclusions of law upon which it çenders its judg- ments or decree and shall state the facts and conclusions of law separately," and that "the revaew of the judgments and decrees eniered upon such findings by the supreme court upon appeal shall be limited to a determination of the questions of law arising upon the record, and to such rulings of the circuit court, excepted to at the time, as may be presented by a bill of exceptions prepared as in actions at law." Under this statute the supreme court can, on an appeal, determine the questions of law arising upon the record. It can determine the questions of law arising on the facts found by the circuit court. But a bill of exceptions to present for review rulings of the circuit court must be based on exceptions taken to the rulings at the time the rulings are made. No other excep- tions can be embraced in a bill of exceptions. If no excep- ����