THE "NAVEMAR."*

(1939) 64 Ll L Rep 220

UNITED STATES.CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

Before Circuit Judges Learned Hand, Swan and Augustus N. Hand.

International law-Ship-Confiscation by Spanish Republic of Spanish vessel - Libel for possession brought by owners-Contention on behalf of Spanish Republic that the vessel, on arrival in American waters, was in the possession of the Spanish Republic and subject to their direction and control for use in the national public service, and that accordingly the vessel was not subject to process in the American Courts without the consent of the Spanish Republic and in the absence of such consent was immune from any such process - Vessel on time charter to American corporation, charter at time of alleged seizure still having six months to run - Decree of Spanish Republic authorising seizure on their behalf - Evidence of indorsements on the ship's roll and ship's register by Spanish Government representatives at Rosario and Buenos Aires, in accordance with decree, before arrival in American waters-Decision of District Court that the application on behalf of the Spanish Republican Government seeking to set aside the decree granting possession to the owners must be refused, as there was no evidence of actual possession by some act of physical dominion or control on behalf of that Government, either before or after arrival in United States waters-Decision upheld by Supreme Court, with permission for further intervention by applicant for the purpose of asserting the Spanish Government's ownership and right of possession of the vessel - Additional proof adduced on behalf of Spanish Republican Government-Finding of District Ct. that the additional proof failed to substantiate the Spanish Government's claim that they had obtained possession - Appeal by Spanish Republican Government.