The Santo Domingo
The Santo Domingo
Opinion of the Court
The libel herein was filed by the United States attorney for the Eastern district of New York, who “libels, for the United States and for all parties in,interest, against the Spanish steamer or vessel Santo Domingo,” and alleges her capture during the Spanish War by the United States ship of war Eagle. The secretary of the navy has designated the Eastern district of New York as the district within which proceedings for the adjudication of the prize and of the rights of the captors to bounty under any law of the United States shall be commenced. The libel was filed April 26, 1899, and the monition was issued May 17, 1899, and service of the same was
It is considered that within the authority of The Palmyra, 12 Wheat. 11, 6 L. Ed. 531; Benton v. Woolsey, 12 Pet. 27, 9 L. Ed. 987; Jecker v. Montgomery, 18 How. 125, 15 L. Ed. 311, — the practice was technically correct, and in that regard republication is not obligatory. However, the jurisdiction of this court is obtained in the manner above stated, and the publication, although following the practice of the court, is entirely insufficient, under the circumstances, to bring notice to those who may deem themselves entitled to be heard; and for this reason, and this alone, a republication of the monition is ordered, not only in the local paper, but also in a newspaper whose place of publication or circulation is calculated to bring notice to interested parties. Therefore it is directed that such republication be had, not only in the Standard-Union, but also in the Washington Star, a newspaper published in the District of Columbia.
Reference
- Full Case Name
- THE SANTO DOMINGO
- Status
- Published
- Syllabus
- War — Suit for Adjudication of Naval Prize and Bounty — Publication of Monition. In a suit by tbe United States for tbe adjudication of a prize of war captured by a naval vessel and tbe rights of tbe captors to bounty under tbe laws, in wbieb the court acquires jurisdiction by designation of tbe secretary of tbe navy, although tbe publication of tbe monition has been made in technical compliance with the rules and practice of tbe court, a further publication will be ordered on application of tbe government, where it appears necessary to bring notice to all those who may be entitled to be beard, to be made not only in a local paper, but in such other as appears calculated to accomplish its purpose.