Strong

This is an appeal from a decree dismissing, for want of jurisdiction, a libel or petition to limit liability under the act of March 3, 1851, entitled “an act to limit the liability of shipowners and for other purposes” (R.S. §§ 4283-4289 [ 46 U.S.C.A. §§ 175 , 183-188]).

Admiralty rule 57, as amended and promulgated April 22, 1889 ( 130 U.S. 705 , 29 Sup.Ct. xlvi ), provides as follows: “The said libel or petition shall be filed and the said proceedings had in any District Court of the United States in which said ship or vessel may be libeled to answer *493 to any such embezzlement, loss, destruction, damage or injury, or, if the ship or vessel be not libeled, then in the District Court for any district in which the said owner or owners may be sued in that behalf. When the said ship or vessel has not been libeled to answer the matters aforesaid, and suit has not been commenced against the said owner or owners, or has been commenced in a district other than that in which the said ship or vessel may be, the said proceedings may be had in the District Court of the district in which the ship or vessel may be, and where it may be subject to the control of such court for the purposes…