The Nuestra Senora De Regla
APPEAL from the District Court for the Southern District of New York.
The steamer Nuestra Senora de Regla, then recently built in New York for a Spanish corporation doing business in Cuba, and owned by it, was on her way, November, 1861, to Havana. On her voyage thither, being in distress and want of coal, she put into Port Royal, near Charleston, S.C.. (then in rebellion against the United States, and blockaded by a government squadron), under permission of the admiral in command. She was here seized November 29th, 1861, as prize of war, and used by the government till June, 1862, when she was brought to New York and cendemned in prize. On the 20th of June, however, in the following year (the United States in the meantime using the vessel), a decree of restitution was ordered. The vessel, however, never was restored. The case being referred to a commissioner to ascertain the damages for the seizure and detention, he made a report on the 10th of May, 1871, in which he awarded—
For the use of the vessel from November 29th, 1861, up to and including June 20th, 1863, being 568 days, with interest at the rate of six per cent. per annum to the date of his report, $167,370 66 2/3
For expenses and services of claimant's agent in remaining with and attending to said vessel, 5,680 00
For counsel fees in defending the proceedings, 5,000 00
For the value of the vessel when she shall have been restored, at the rate of six per cent., with interest, 36,833 33 1/3
Total, $214,884 00
Several exceptions (not necessary to be specified, as they were not passed on by this court) were taken to this report by the government, but on the 28th of October, 1871, the exceptions were overruled and the report confirmed, and final judgment rendered against the libellants and captors for said sum, together with $6086.84, interest thereon from the date of the report to the date of this decree, the sum as finally decreed amounting, in all, to $220,970.84.
On the 7th of November, 1871, the United States filed with the clerk of the District Court at New York, notice that the libellant 'appeals to the Supreme Court of the United States from the decree made in the said action on the 28th of October, 1871,' and and case was now here, and a notice of the appeal served by copy on the proctor for the claimants, on the 17th of the same month. On the 17th of February, 1872, the appeal was allowed by Mr. Justice Swayne, of the Supreme Court, at Washington, and the claimants cited to appear before said court on the 21st of March, 1872.