In conformity with the charter of the Chesapeake & Ohio
Canal Company, an inquisition, issued at the instance of the
company, by a justice of the peace in the County of Washington,
District of Columbia, addressed to the marshal of the district, was
executed and returned to the Circuit Court of the County of
Washington, estimating the value of the lands mentioned in the
warrant, and all the damages the owners would sustain by cutting
the canal through the land at $1,000. Certain objections being
filed to the inquisition, the court quashed the same, and a writ of
error was brought on this judgment.
By the Court:
"The order or judgment, in quashing the inquisition in this case
is not final. The law authorizes the court, 'at its discretion, as
often as may be necessary, to direct another inquisition to be
taken.' The order or judgment, therefore, quashing the inquisition
is in the nature of an order setting aside a verdict for the
purpose of awarding a
venire facias de novo."
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
Court.
In pursuance of a warrant of inquisition issued at the instance
of the Chesapeake & Ohio Canal Company, by John Cox, a justice
of the peace in and for the County of Washington in the District of
Columbia, and addressed to the marshal of the said district, an
inquest of office was held by the said marshal on certain lands in
the said warrant mentioned lying in the said county. The
inquisition of the marshal and jurors, returned to the Circuit
Court for the County of Washington, estimated the value of the
lands in the warrant mentioned, and all the damages that the owners
hereof would sustain by cutting the said canal through the said
land, at one thousand dollars. Upon the return of the said warrant,
the Chesapeake & Ohio Canal Company by their counsel, moved the
court for an order to have the same affirmed and recorded, unless
good cause
Page 33 U. S. 260
be shown to the contrary. At a subsequent day, the Union Bank of
Georgetown appeared by attorney and filed certain objections to the
said inquisition, which being argued, it was considered by the
court that the said inquisition be quashed, which judgment was
brought before this Court by writ of error.
This proceeding is in conformity with the charter of the
Chesapeake & Ohio Canal Company, which was originally passed by
the Legislature of Virginia in January, 1824, and afterwards by the
Legislature of Maryland in December of the same year. The act of
Virginia was ratified and confirmed by the Congress of the United
States in March, 1825, so far as may be necessary for enabling the
company formed by authority of the act to carry into effect the
provisions thereof in the District of Columbia.
The charter empowers the president and directors of the
company
"to agree with the owners of any land through which the said
canal is intended to pass for the purchase or use and occupation
thereof, and in case of disagreement to apply to a justice of the
peace of the county in which the land may lie for a warrant of
inquisition on which such proceedings are directed as have been had
in this case. The officer is to return this inquisition to the
clerk of his county, and unless good cause be shown against it, it
shall be affirmed by the court and recorded, but if the said
inquisition should be set aside, or if, from any cause, no
inquisition shall be returned to such court within a reasonable
time, the said court may, at its discretion, as often as may be
necessary, direct another inquisition to be taken in the manner
above prescribed."
Before entering on the merits of the judgment of the circuit
court for quashing this inquisition, a preliminary question is made
to the jurisdiction of this Court. Its appellate jurisdiction is
extended by the act of Congress creating the circuit court for the
district to "any final judgment, order or decree, in said circuit
court where the matter in dispute, exclusive of costs, shall exceed
the value," &c.
The order or judgment in quashing the inquisition in this case
is not final. The law authorizes the court, "at its discretion, as
often as may be necessary, to direct another inquisition to be
taken." The order or judgment, therefore, quashing
Page 33 U. S. 261
the inquisition is in the nature of an order setting aside a
verdict for the purpose of awarding a
venire facias de
novo.
The writ of error is to be
Dismissed, the Court having no jurisdiction of the
cause.
This cause came on to be heard on the transcript of the record
from the Circuit Court of the United States for the District of
Columbia holden in and for the County of Washington, and was argued
by counsel, on consideration whereof, it is considered, ordered,
and adjudged by this Court that this writ of error be and the same
is hereby dismissed for want of jurisdiction.