APPENDIX.

25 & 26 VICT. c. 63, ss. 25-32, and ss. 57, 58, 60.

lights, fog

§ 25. On and after the 1st day of June, 1863, or such later Enactment of day as may be fixed for the purpose by Order in Council, Regulations the Regulations contained in the Table marked (C) in the concerning schedule hereto shall come into operation and be of the same signals, and force as if they were enacted in the body of this Act; but her sailing rules, Majesty may from time to time on the joint recommendation in Schedule, of the Admiralty and the Board of Trade, by Order in Council, Table (C). annul or modify any of the said Regulations, or make new Regulations in addition thereto or in substitution therefor; and any alterations in or additions to such Regulations made in manner aforesaid shall be of the same force as the Regulations in the said schedule.

any

published.

§ 26. The Board of Trade shall cause the said Regulations, Regulations and any alterations therein or additions thereto hereafter to to be be made to be printed, and shall furnish a copy thereof to owner or master of a ship who applies for the same; and production of the Gazette in which any Order in Council containing such Regulations, or any alterations therein, or additions thereto is published, or of a copy of such Regulations, alterations, or additions signed, or purporting to be signed by one of the Secretaries or Assistant-Secretaries of the Board of Trade, or sealed, or purporting to be sealed with the seal of the Board of Trade, shall be sufficient evidence of the due making and purport of such Regulations, alterations, or additions.

§ 27. All owners and masters of ships shall be bound to take notice of all such regulations as aforesaid, and shall, so long as the same continue in force, be bound to obey them, and to carry and exhibit no other lights, and to use no other fog signals than such as are required by the said Regulations; and in case of wilful default the master or the owner of the ship, if it appear that he was in such fault, shall, for each occasion upon which such Regulations are infringed be deemed to be guilty of a misdemeanour.

Owners and

masters bound to obey them.

Breaches of Regulations to imply

wilful default of person in charge..

If collision ensues from breach of the Regulations, ship to be deemed in fault.

Inspection for enforcing Regulations.

Rules for harbours

§ 28. In case any damage to person or property arises from the non-observance by any ship of any Regulation made by or in pursuance of this Act, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of such ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the Regulations necessary.

§ 29. If in any case of collision it appears to the Court before which the case is tried, that such collision was occasioned by the non-observance of any Regulation made by or in pursuance of this Act, the ship by which such Regulation has been infringed shall be deemed to be in fault, unless it is shown to the satisfaction of the Court, that the circumstances of the case made a departure from the Regulation necessary. (Repealed 36 & 37 Vict. c. 85, s. 33; the same Act containing (s. 17) a corresponding proviso. See infra, p. 536.)

§ 30. The following steps may be taken to enforce compli ance with the said Regulations; that is to say,

(1.) The surveyors appointed under the third part of the Principal Act (a), or such other persons as the Board of Trade may appoint for the purpose, may inspect any ships for the purpose of seeing that such ships are properly provided with lights and with the means of making fog signals in pursuance of the said Regulations, and shall for that purpose have the powers given to inspectors by the 14th section of the Principal Act.

(2.) If any such surveyor or person finds that any ship is not so provided, he shall give to the master or owner notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same.

(3.) Every notice so given shall be communicated in such manner as the Board of Trade may direct to the collector or collectors of customs at any port or ports from which such ship may seek to clear, or at which her transire is to be obtained; and no collector to whom such communication is made shall clear such ship outwards, or grant her a transire, or allow her to proceed to sea without a certificate under the hand of one of the said surveyors, or other persons appointed by the Board of Trade as aforesaid, to the effect that the said ship is properly provided with lights, and with the means of making fog signals in pursuance of the said Regulations (b).

§ 31. Any rules concerning the lights or signals to be carried by vessels navigating the waters of any harbour, river, or

(a) 17 & 18 Vict. c. 104.

(b) The M. S. Act, 1876 (39 & 40 Vict. c. 80), s. 14, gives an appeal

to a Court of Survey against a surveyor's refusal of a certificate.

Acts to con

tinue in force.

other inland navigation, or concerning the steps for avoiding under local collision to be taken by such vessels, which have been or are hereafter made by or under the authority of any Local Act shall continue and be of full force and effect, notwithstanding anything in this Act or in the Schedule thereto contained.

rules exist

§ 32. In case of any harbour, river, or other inland navi- In harbours gation, for which such Acts are not and cannot be made under and rivers the authority of any Local Act, it shall be lawful for Her where no such Majesty in Council, upon application from the harbour, trust, they may be or body corporate, if any, owning or exercising jurisdiction made. upon the waters of such harbour, river, or inland navigation, or, if there is no such harbour, trust, or body corporate, upon application from persons interested in the navigation of such waters, to make rules concerning the lights or signals to be carried, and concerning the steps for avoiding collision to be taken by vessels navigating such waters, and such Rules when so made shall, so far as regards vessels navigating such waters, have the same effect as if they were Regulations contained in Table (C) in the Schedule to this Act, notwithstanding anything in this Act or in the Schedule thereto contained.

§ 33. In every case of collision between two ships it shall be In case of colthe duty of the person in charge of each ship, if and so far as he lision one ship can do so without danger to his own ship and crew, to render to shall assist the the other ship, her master, crew, and passengers (if any) such assistance as may be practicable, and as may be necessary in order to save them from any danger caused by the collision.

In case he fails so to do, and no reasonable excuse for such failure is shown, the collision shall, in absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default; and such failure shall also, if proved upon any investigation held under the third or eighth part of the principal Act, be deemed to be an act of misconduct or a default for which his certificate (if any) may be cancelled or suspended. (Repealed by 36 & 37 Vict. c. 85, s. 33. The same Act contains (s. 16) a similar provision; see infra, p. 536.)

other.

57. Whenever foreign ships are within British jurisdic- Foreign ship tion, the Regulations for preventing collision contained in in British Table (C) in the Schedule to this Act, or such other Regula- jurisdiction to tions for preventing collision as are for the time being in be subject to Regulations force under this Act, and all provisions of this Act relating in Table (C) to such Regulations, or otherwise relating to collisions, shall in Schedule. apply to such foreign ships; and in any cases arising in any British Court of Justice concerning matters happening within British jurisdiction, foreign ships shall, so far as regards such

Regulations where

adopted by a

foreign

country, may be applied to its ships on the high seas.

Ships of foreign countries

adopting the

rules for

measurement of tonnage need not be re-measured in this country.

Regulations and provisions, be treated as if they were British ships.

§ 58. Whenever it is made to appear to Her Majesty that the Government of any foreign country is willing that the Regulations for preventing collision contained in Table (C) in the Schedule to this Act, or such other Regulations for preventing collision as are for the time being in force under this Act, or any of the said Regulations, or any provisions of this Act relating to collisions, should apply to the ships of such country when beyond the limits of British jurisdiction, Her Majesty may, by Order in Council, direct that such Regulations, and all provisions of this Act which relate to such Regulations, and all such other provisions as aforesaid, shall apply to the ships of the said foreign country, whether within British jurisdiction or not.

§ 60. Whenever it is made to appear to Her Majesty that the rules concerning the measurement of tonnage of merchant ships for the time being in force under the principal Act (c) have been adopted by the Government of any foreign country, and are in force in that country, it shall be lawful for Her Majesty, by Order in Council, to direct that the ships of such foreign country shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers; and thereupon it shall no longer be necessary for such ships to be re-measured in any port or place in Her Majesty's dominions, but such ships shall be deemed to be of the tonnage denoted in the certificates of registry or other papers, in the same manner, to the same extent, and for the same purposes in, to, and for which the tonnage denoted in the certificates of registry of British ships is deemed to be the tonnage of such ships.

The Schedule referred to in this Act—Table (C).

The Regulations contained in this Schedule, which, with the exception of some verbal errors, were identical with those of January, 1863, were repealed by an Order in Council of the 9th January, 1863, and by the same Order in Council other Regulations were enacted in their place. The Regulations of 1863 remained in force until the 1st of September, 1880, on which day the Regulations enacted by Order in Council of the 14th of August, 1879, came into force. By the same Order the Regulations of 1863 are repealed as from that day. The Regulations of 1884 came into force on the 1st of September, 1884 (as to British ships), and those of 1880 were repealed as from that date: see Orders in Council, 11th August, 1884, London Gazette, 19th and 22nd August, 1884.

(c) 17 & 18 Vict. c. 104.

The Legislation as to Collisions prior to 25 & 26 Vict. c. 63, was as follows:

In 1840 the London Trinity House issued the following rule (dated 30th October, 1840), which, though not having the force of law, was recognized as embodying the custom of seamen (see 1 W. Rob. 488 for the rule):

Whereas the recognized rule for sailing vessels is that those having the wind fair shall give way to those on a wind; that when both are going by the wind the vessel on the starboard tack shall keep her wind, and the one on the larboard tack bear up, thereby passing each other on the larboard hand; that when both vessels have the wind large or abeam and meet, they shall pass each other in the same way on the larboard hand; to effect which two last-mentioned objects, the helm must be put to port; and as steam vessels may be considered in the light of vessels navigating with a fair wind, and should give way to sailing vessels on a wind on either side, it becomes only necessary to provide a rule for their observance when meeting other steamers or sailing vessels going large; when steam vessels on different courses must unavoidably or necessarily cross so near that by continuing their respective courses there would be a risk of coming in collision, each vessel shall put her helm to port so as always to pass on the larboard side of each other.

This was followed by 9 & 10 VICT. c. 100, s. 9:

Every steam vessel, when meeting or passing any other steam vessel, shall pass as far as may be safe on the port side of such other vessel, and every steam vessel navigating any river or narrow channel shall keep, as far as practicable, to that side of the fairway or mid-channel of such river or channel which lies on the starboard side of such vessel, due regard being had to the tide, and to the position of each vessel in such tide; and the master or other person having the charge of any such steam vessel and neglecting to observe these Regulations, or either of them, shall for each and every instance of neglect forfeit and pay a sum not exceeding fifty pounds.

This was followed by 14 & 15 VICT. c. 79, s. 27:

Whenever any vessel proceeding in one direction meets a vessel proceeding in another direction, and the master or other person having charge of either such vessel perceives that if both vessels continue their respective courses they will pass so near as to involve any risk of a collision, he shall put the helm of his vessel to port, so as to pass on the port side of the other vessel, due regard being had to the tide and to the position of each vessel with respect to the dangers of the channel, and, as regards sailing vessels, to the keeping of each vessel under command; and the master of any steam vessel navigating any river or narrow channel shall keep as far as is practicable to that side of the fairway or mid-channel thereof which lies on the starboard side of such vessel; and if the master or other person having charge of any steam vessel neglect to observe these Regulations or either of them, he shall for every such offence be liable to a penalty not exceeding fifty pounds.

Then came 17 & 18 VICT. c. 104, ss. 296, 297:

§ 296. Whenever any ship, whether a steam or sailing ship proceeding in one direction, meets another ship, whether a steam or sailing ship, proceeding in another direction, so that if both ships were to continue