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Overtaking ship to keep out of way of ship overtaken.

Course in narrow channels.

Special circumstances.

"The use of these siguals is optional, but if they are used the course of the ship must be in accordance with the signal made.

"ART. 20. Notwithstanding anything contained in any preceding arti. cle, every ship, whether a sailing ship or a steamship, overtaking any other shall keep out of the way of the overtaken ship.

"ART. 21. In narrow channels every steamship shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such ship.

"ART. 22. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course.

"ART. 23. In obeying and construing these rules due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

No ship, under "NO SHIP, UNDER ANY CIRCUMSTANCES, TO NEGLECT PROPER PREany circumstances,

to neglect proper precaution.

Reservation of rules for harbor and inland navigation.

No interference

CAUTIONS.

"ART. 24. Nothing in these rules shall exhonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look out, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the

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"ART. 25. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland navigation.

"SPECIAL LIGHTS FOR SQUADRONS AND CONVOYS.

"ART. 26. Nothing in these rules shall interfere with the operation with special rules of any special rules made by the Government of any nation with respect of any Government to additional station and signal lights for two or more ships of war or as to ships of war or ships under con- for ships sailing under convoy.

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"ART. 27. When a ship is in distress and requires assistance from other ships or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, that is to say: "In the daytime

"First. A gun fired at intervals of about a minute.'

"Second. The international code signal of distress indicated by N C. "Third. The distant signal, consisting of a square flag, having either above or below it a ball, or anything resembling a ball.

"At night

"First. A gun fired at intervals of about a minute.

"Second. Flames on the ship (as from a burning tar barrel, oil-barrel, and so forth).

"Third. Rockets or shells, throwing stars of any color or description, fired one at a time, at short intervals."

All conflicting SEC. 2. That all laws and parts of laws inconsistent with the foregolaws repealed, ex- ing "Revised International Rules and Regulations" for the navigation cept as to naviga- of all public and private vessels of the United States upon the high tion in harbors, lakes, and inland seas, and in all coast waters of the United States, are hereby repealed, waters of United except as to the navigation of such vessels within the harbors, lakes, and States. inland waters of the United States; and that this act shall take effect and be in force from and after the first day of September, anno Domin eighteen hundred and eighty-four.

Act to take effect September 1, 1884.

Approved, March 3d, 1885.

CHAP. 355.—An act regulating appeals from the supreme court of the District of
Columbia and the supreme courts of the several Territories.

March 3, 1885.

Appeals or writs of error from judgments, etc., of su

Be it encated by the Senate and House of Representatives of the United States of America in Congress assembled, That no appeal or writ of error shall hereafter be allowed from any judgement or decree in any preme court, Dissuit at law or in equity in the supreme court of the District of Colum trict of Columbia; bia, or in the supreme court of any of the Territories of the United or of a Territory, States, unless the matter in dispute, exclusive of costs, shall exceed not allowed unless the sum of five thousand dollars.

amount involved be more than $5,000.

SEC 2. That the preceding section shall not apply to any case wherein Not to apply to is involved the validity of any patent or copy-right, or in which is drawn cases involving validity of patent or in question the validity of a treaty or statute of or an authority exer- copyright, treaty, cised under the United States; but in all such cases an appeal or writ statute, or authorof error may be brought without regard to the sum or value in dispute. ity exercised under Approved, March 3d, 1885.

United States.

CHAP. 356.-An act to authorize the construction of a bridge across the Mississippi
River at Rock Island, Illinois, and Davenport, Iowa, and to establish it as a post-

route.

March 3, 1885.

to construct bridge

and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the Davenport and Davenport and Rock Island Bridge Company, a corporation duly created Rock Island and organized under the laws of the State of Iowa, to build a bridge Bridge Company across the Mississippi River at Rock Island, Illinois, and Davenport, Iowa, across the Missisas may accommodate the Moline, Rock Island and Southern Railroad, a sippi River at Rock corporation duly organized under the laws of the State of Illinois, on Island, Ill., the east side of said river, and the Davenport, Iowa and Dakota Rail. Davenport, Iowa. road, a corporation created under the laws of the State of Iowa, on the west side of said river, and for the accommodation of any railroads that are or may hereafter be built, and to lay over said bridge a railroad track for the more perfect connection of any railroad or railroads that are or may be constructed to the said river, on either side thereof, at or opposite said point, under the limitations and provisions hereinafter provided: Provided, That Congress may at any time prescribe such rules and regulations in regard to toll and otherwise as may be deemed reasonable.

Proviso.
Toll.

Draw.

SEC. 2. That said bridge shall be built with a draw, so as not to impede the navigation of said river; said draw shall be a pivot draw, over the channel of said river usually navigated, and with spans giving a clear width of water-way of not less than two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans shall give a clear width of water way of not less than three hundred feet, and said spans shall not be less than three hundred feet, and said spans shall not be less than ten feet above extreme high-water inark and not less than thirty feet above low-water mark, measured to the bottom chord of the bridge, and the piers of said bridge shall, as nearly as practicable, be parallel with the current of said river: Provided, That said draw shall always be opened promptly upon reasonable signal; and said company, or its successors and assigns, shall at all proper times keep and maintain all proper lights on said bridge during nights, so that its presence may always be noticed by vessels and craft navigating the channel of said river. And all plans for the construction of said bridge and approaches thereto must first be submitted to the Secretary of War be approved by for his approval, and when the same shall be approved by said Secre. Secretary of War. tary the work thereon may be commenced and prosecuted to completion: And provided further, That said bridge shall be constructed with such aids to the passage of said bridge, in the form of booms, dikes, piers, or ther suitable and proper structures for confining the flow of of bridge.

Proviso.
Signals.

Lights.

Plans, etc., to

Proviso.
Aids to passage

Proviso.

water to a permanent channel and for the guiding of rafts, steamboats. and other water-craft safely through the draw and raft spans, as the Secretary of War shall prescribe and order, to be constructed and main tained at the expense of the company owning said bridge: And provided further, That said bridge shall, as nearly as may be, be constructed at To be at right right angles with said river or the current thereof: And provided further, angles with cur- That any change in the mode of construction of said bridge shall be first submitted to the said Secretary for his approval, and when ap Changes in con- proved the said company may then proceed with the construction according to said change: And provided further, That if said bridge, when Free navigation Constructed, shall, in the opinion of the Secretary of War, be a substanto be preserved.

rent.

Proviso.

struction. Proviso.

Post-route, and a lawful structure.

All railroad companies accorded equal rights.

tial obstruction to the navigation of said river, the said Secretary shall require said company to change the construction thereof so as to avoid any serious and substantial obstruction to the navigation of said river, at the expense of the owners of said bridge.

SEC. 3. That the bridge hereby authorized shall be a lawful structure, and shall be a post-route, upon which no higher charge shall be made for the transportation of the mails of the United States, and the troops and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge.

SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of reasonable compensation for such use; and Secretary of War in case the owner or owners of said bridge and the several railroad com. to decide in case panies, or any one of them, desiring such use shall fail to agree upon of disagreement as to amount to be the sum or sums to be paid, and upon rules and conditions to which paid. each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties: Provided, That the provisions of section three in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge.

Proviso.

Subject to limitations of act to construct bridge at Clinton, Iowa. 1872, vol. 17, ch. 73, p. 44.

Specified rights

States reserved.

SEC 5. That this act shall be subject, except as above mentioned, to the limitations and provisions of an act entitled "An act to authorize the construction of a bridge across the Mississippi River at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish them as post-roads," approved April first, eighteen hundred and seventy-two.

SEC. 6. That the right to alter, amend, or repeal this act is hereby of the United expressly reserved; and the right to require any changes in such structure, or its entire removal, at the expense of the owners thereot, whenever Congress shall decide that the public interest requires it, is also expressly reserved.

Approved, March 3, 1885.

March 3, 1885.

CHAP. 357.-An act to increase the salary of the clerk of the Court of Alabama
Claims

Be it enacted by the Senate and House of Representatives of the United Clerk of Court of States of America in Congress assembled, That the salary of the clerk Commissioners of of the Court of Commissioners, of Alabama Claims shall hereafter be Alabama Claims. at the rate of four thousand four hundred dollars per annum, Salary increased.

Approved, March 3d, 1885.

CHAP. 358.-An act to give the assent of Congress to the construction of a railroad bridge by the East and Middle Tennessee Railroad Company over the Cumberland and Caney Fork Rivers.

March 3, 1885.

East and Middle

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the East and Middle Ten- Tennessee Railnessee Railroad Company be, and is hereby, authorized to construct and road Company to maintain a bridge, and approaches thereto, over the Cumberland River construct bridge at the most accessible point in or near the corporate limits of Carthage, over the CumberCounty of Smith, and State of Tennessee. Said bridge shall be con- land River, at or structed to provide for the passage of railroad trains and wagons and Tenn. travelers across said river.

near Carthage,

SEC. 2. That any bridge built under this act and subject to its limita- Post-route, and tions shall be a lawful structure and shall be recognized and known as lawful structure. a post route; and it shall enjoy the rights and privileges of other post roads in the United States: Provided, That the United States may construct a postal telegraph over said bridge without charge therefor.

to

Proviso a8 postal telegraph. Continuous

Proviso.
Draw-bridge.

nals.

Aids to navigation.

SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than one hundred and spans. sixty-four feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least thirty-four feet above extreme highwater mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if the same shall be constructed as a draw-bridge, the draw or pivot shall be over the main channel at an accessible point, and the spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That the said draw shall be opened promptly by said corporation, upon reasonable signal for the passage of boats; Lights and sigand said corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe, and shall also place and maintain such sheer booms and other guides necessary for the safe passage of vessels and other water craft as may be required by the Secretary of War. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free to be preserved. navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of said corporation; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States of the middle district of Tennessee in which any portion of said obstruction or bridge may be located, or in the circuit court of the State of Tennessee for that circuit: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operations of the same: And provided further, That the right Right to regulate is reserved to regulate tolls and freights over said bridge.

Free navigation

Proviso.

Proviso.

tolls, etc., reserved.

SEC. 4. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the approval.

Plans, etc., to be submitted to Secretary of War for

reserved.

topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.

Specified rights SEC. 5. That the right to alter, amend, or repeal this act is hereby of United States expressly reserved; and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, when ever Congress shall decide that the public interest requires it, is also expressly reserved.

Same company

River between

SEC. 6. That the East and Middle Tennessee Railroad Company is to construct bridge hereby also authorized to construct a railroad bridge over the Caney over Caney Fork Fork River at such point between the mouth of said river and the mouth and Buffalo Buffalo Valley as may be necessary in the building of their road, subValley, subject to ject to the provisions and limitations contained in the preceding sec preceding provis- tions. ions and limita

tions.

Approved, March 3d, 1885.

March 3, 1885.

CHAP. 359.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-five, and for prior years, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Deficiency ap- States of America in Congress assembled, That the following sums be, and propriation for the same are hereby, appropriated, out of any money in the Treasury year ending June not otherwise appropriated, to supply deficiencies in the appropriations 30, 1885, and for prior years. for the fiscal year eighteen hundred and eighty-five, and for other objects hereinafter stated, namely:

State Department.

Contingent ex

penses.

Stenographer.

records and docu

DEPARTMENT OF STATE.

For contingent expenses, being a deficiency on account of the fiscal year eighteen hundred and eighty-four, four hundred and thirty-five dollars and thirty-six cents.

For salary of stenographer to the Secretary of State from March fif teenth to June thirtieth, eighteen hundred and eighty-five, five hundred and ninety-four dollars and seventy-four cents.

To further proTo enable the Department of State to ascertain what records or other vide for ascertain- documents are in existence either in France or Spain or the French ing and procuring colonies affecting the rights or claims of American citizens under the ments relating to act of Congress approved January twentieth, eighteen hundred and French spoliation eighty five, entitled "An act to provide for the ascertainment of claims claims, under act of American citizens for spoliations committed by the French prior to of January 20, 1885. the thirty-first of July, eighteen hundred and one," and to procure said

T. McF. Patton. draft of.

records and documents, or certified copies thereof, the sum of five thousand dollars, in addition to the sum already appropriated for that purpose, this amount to be expended under the direction of the Secretary of State and to be immediately available.

For payment of a draft of T. McF. Patton, United States consul at Payment of Osaka and Hiogo, Japan, drawn in payment of salary of the interpreter at said consulate for the third quarter of eighteen hundred and eightyfour, eighty-two dollars and eighty-eight cents.

Louise R. S.

Wing.

Payment to.

To pay to Luoise R. S. Wing, the widow of E. Rumsey Wing, late minister of the United States to Ecuador, a sum equal to the salary of said minister for six months, in addition to all legal allowances.

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