The Santo Domingo

Citations

• 119 F. 386
• 1903 U.S. Dist. LEXIS 391

Syllabus

<p>1. War—Prizes—Destruction to Prevent Recapture.</p> <p>A captured vessel is not appropriated “for the use of the government,” within the meaning of Rev. St. §§ 4615, 4624, 4625 [TJ. S. Comp. St. 1901,' pp. 3127, 3130], so as to entitle the captors to prize money where they destroy it to prevent recapture.</p> <p>2. Same—Order of Navy Department.</p> <p>Order 492 of the navy department providing for four alternatives: (1) Sending the prize to the nearest home port, (2) converting it to public ‘ use In ease of need; (3) selling it if it may not be sent in for reasons indicated; (4) destroying it if it cannot be sold or there be imminent danger of recapture,—does not authorize destruction of the prize with the view of converting it to public use.</p> <p>S. Same—Bounty.</p> <p>Where captors of a vessel destroy it to prevent recapture, they- are not entitled to prize money, but to bounty, under Rev. St. § 4635, providing that there shall be paid as bounty to the captors of a vessel of war which is immediately destroyed for the public interest, but not in consequence of injuries received in action, $50 for every person who shall be on board at the time of such capture.</p>