The Nuestra Senora De Regla
The Nuestra Senora De Regla
Opinion
delivered the opinion of the court.
In prize cases, wherever it appears that notice of appeal, or of intention to appeal, to this court was filed with the clerk of the District Court within thirty days next after the final decree therein, an appeal will be allowed to this court whenever the purposes of justice require it. An appeal is accordingly allowed in this case, under the second section of the act of March 3d, 1873, making appropriations for the naval service, and for other purposes.
The decree of the District Court included the sum of $5000, for counsel fees. We think that the amount was greatly excessive, and the allowance of counsel fees wholly unwarranted.
It is clear that the vessel was not lawful prize of war or subject of capture, and the corporation which owned her is doubtless entitled to fair indemnity for the losses sustained by the seizure and employment of the vessel; but it may be *32 well doubted whether it is not more properly a subject of diplomatic adjustment than of determination by the courts.
For the errors in the decree already indicated, it is reversed, and the cause is
Remanded for further proceedings. ,
Reference
- Full Case Name
- The Nuestra Señora De Regla
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. In prize eases, wherever it appears that notice of appeal or of intention to appeal to this court was filed with the clerk of the District Court within thirty days next after the final decree therein, an appeal will be allowed to this court whenever the purposes of justice require it. 2. Counsel fees before a commissioner on the settlement of damages on an award of restitution, disallowed as excessive and unwarranted. 3. A Spanish-owned vessel on her way from New York to Havana put in distress, hy leave of the admiral commanding the squadron, into Port Boyal, S. C., then in rebellion, and blockaded by a government fleet, and was there seized as prize of war and used by the government. . . . She was afterwards condemned as prize, but ordered to be restored. She never was restored. Damages for her seizure, detention, and value being awarded. Held, that clearly she was not lawful prize of war or subject of capture; and that her owners were entitled to fair indemnify, though it might be well doubted whether the case was not more properly a subject for diplomatic adjustment than for determination by the courts.