circuit courts of the United States where such cases are or shall be pending in said courts upon appeal from the district

courts.

59.

In a suit for damage by collision, if the claimant of any vessel proceeded against, or any respondent proceeded against in personam, shall, by petition, on oath, presented before or at the time of answering the libel, or within such further time as the court may allow, and containing suitable allega tions showing fault or negligence in any other vessel contributing to the same collision, and the particulars thereof, and that such other vessel or any other party ought to be proceeded against in the same suit for such damage, pray that process be issued against such vessel or party to that end, such process may be issued, and, if duly served, such suit shall proceed as if such vessel or party had been originally proceeded against; the other parties in the suit shall answer the petition; the claimant of such vessel or such new party shall answer the libel; and such further proceedings shall be had and decree rendered by the court in the suit as to law and justice shall appertain. But every such petitioner shall, upon filing his petition, give a stipulation, with sufficient sureties, to pay to the libelant and to any claimant or new party brought in by virtue of such process, all such costs, damages and expenses as shall be awarded against the petitioner by the court upon the final decree, whether rendered in the original or appellate court; and any such claimant or new party shall give the same bonds or stipulations which are required in like cases from parties brought in under process issued on the prayer of a libelant.

PILOT RULES FOR THE GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS AS FAR EAST AS MONTREAL

RULE I. When steamers are approaching each other "head and head," or nearly so, it shall be the duty of each steamer to pass to the right or port side of the other; and the pilot of either steamer may be first in determining to pursue this course, and thereupon shall give, as a signal of his intention, one short and distinct blast of his steamwhistle, which the pilot of the other steamer shall answer promptly by a similar blast of his steam-whistle, and thereupon such steamers shall pass to the right or port side of each other. But if the course of such steamers is so far on the starboard of each other as not to be considered by pilots as meeting "head and head," or nearly so, the pilot so first deciding shall immediately give two short and distinct blasts of his steam-whistle, which the pilot of the other steamer shall answer promptly by two similar blasts of his steamwhistle, and they shall pass to the left or on the starboard side of each other.

NOTE.- In the night, steamers will be considered as meeting “head and head" so long as both the colored lights of each are in view of the other.

RULE II. When steamers are approaching each other in an oblique direction (as shown in diagrams of the fourth and fifth situations), they shall pass to the right of each other, as if meeting "head and head," or nearly so, and the signals by whistle shall be given and answered promptly, as in that case specified.

RULE III. If, when steamers are approaching each other, the pilot of either vessel fails to understand the course or intention of the other, whether from signals being given or answered erroneously or from other causes, the pilot so in doubt shall immediately signify the same by giving several short and rapid blasts of the steam-whistle; and if the ves

sels shall have approached within half a mile of each other, both shall be immediately slowed to a speed barely sufficient for steerageway until the proper signals are given, answered, and understood, or until the vessels shall have passed each other.

Vessels approaching each other from opposite directions are forbidden to use what has become technically known among pilots as "cross signals"- that is, answering one whistle with two, and answering two whistles with one. In all cases, and under all circumstances, a pilot receiving either of the whistle signals provided in the rules, which for any reason he deems injudicious to comply with, instead of answering it with a cross signal must at once observe the provisions of this rule.

RULE IV. Whenever a steamer is nearing a short bend or curve in the channel, where, from the height of the banks or other cause, a steamer approaching from the opposite direction cannot be seen for a distance of half a mile, the pilot of such steamer, when he shall have arrived within half a mile of such curve or bend, shall give a signal by one long blast of the steam-whistle, which signal shall be answered by a similar blast, given by the pilot of any approaching steamer that may be within hearing. Should such signal be so answered by a steamer upon the farther side of such bend, then the usual signals for meeting and passing shall immediately be given and answered; but if the first alarm signal of such pilot be not answered, he is to consider the channel clear and govern himself accordingly.

When boats are moved from their docks or berths, and other boats are liable to pass from any direction toward them, they shall give the same signal as in case of boats meeting at a bend; but immediately after clearing the berths so as to be fully in sight they shall be governed by Rule I.

RULE V. The signals, by the blowing of the steam-whistle, shall be given and answered by pilots, in compliance with these rules, not only when meeting "head and head," or

nearly so, but at all times when passing or meeting at a distance within a half mile of each other, and whether passing to the starboard or port.

RULE VI. When steamers are running in the same direction, and the pilot of a steamer which is astern shall desire to pass on the right or starboard hand of the steamer ahead, he shall give one short blast of the steam-whistle as a signal of such desire and intention, and shall put his helm to port; or if he shall desire to pass on the left or port side of the steamer ahead, he shall give two short blasts of the steamwhistle as a signal of such desire and intention, and shall put his helm to starboard, and the pilot of the steamer ahead shall answer by the same signals; or if he does not think it safe for the steamer astern to attempt to pass at that point, he shall immediately signify the same by giving several short and rapid blasts of the steam-whistle, and under no circumstances shall the steamer astern attempt to pass the steamer ahead until such time as they have reached a point where it can be safely done, when said steamer ahead shall signify her willingness by blowing the proper signals. The boat ahead shall in no case attempt to cross the bow or crowd upon the course of the passing steamer.

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Every vessel coming up with another vessel from any direction more than two points abaft her beam - that is, in such a position with reference to the vessel which she is overtaking that at night she would be unable to see either of that vessel's side-lights shall be deemed to be an overtaking vessel, and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

N. B.-The foregoing rules are to be complied with in all cases, except when steamers are navigating in a crowded channel or in the vicinity of wharves; under such circumstances steamers must be run and managed with great caution, sounding the whistle as may be necessary, to guard against collision or other accidents.

In construing and obeying these rules due regard must be had to all

dangers of navigation, and to any special circumstances which may exist in any particular case, rendering a departure from them necessary in order to avoid immediate danger.

RULE VII. All double-ended ferry-boats on the Great Lakes and tributaries thereto shall carry a central range of clear, bright, white lights, showing all around the horizon, placed at equal altitudes forward and aft; also such sidelights as specified in rule 3, paragraphs (b) and (c), act of congress, approved February 8, 1895, regulating navigation on the Great Lakes.

Local inspectors in districts having ferry-boats shall, whenever the safety of navigation may require, designate for each line of such boats a certain light, white or colored, which shall show all around the horizon, to designate and distinguish such lines from each other, which light shall be carried on a flagstaff amidship, fifteen feet above the white range light.

RULE VIII. When steamers are running in a fog or thick weather, except steamers with a raft in tow, it shall be the duty of the pilot to cause three distinct blasts of the steamwhistle to be sounded at intervals not exceeding one minute. A steamer with a raft in tow shall sound at intervals of not more than one minute a screeching or Modoc whistle of from three to five seconds.

A steam-vessel hearing, apparently not more than four points from right ahead, the fog-signal of another vessel, shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other.

RULE IX. Tugs under thirty tons register (net) and small steamers navigating Lake Ontario and the St. Lawrence river, except open boats, shall carry the red and green lights prescribed by law for other lake steamers; and, in addition thereto, a central range of two white lights, the after-light being carried at an elevation of at least fifteen feet above the light at the head of the vessel; and, when towing other vessels, shall carry an additional white light aft not less than three feet vertically below the after-range light.