prevented from using a flare-up light in addition, if considered expedient.

Article 9 of British Regulations.

Fog-signals.

Rule 10. Whenever there is fog, whether by day or night, the fog-signals described below must be carried and used, and must be sounded at least every five minutes, viz:

1. Steamships under way must use a steam-whistle, placed before the funnel, not less than eight feet from the deck;

2. Sailing ships under way must use a fog-horn ; 3. Steamships and sailing ships, when not under way, must use a bell.

Article 10 of British Regulations.

Two sailing ships, or two ships under steam, meeting.

Rule 11.' If two sailing ships, or two ships under steam, are meeting, end on, or nearly end on, in such manner as to involve risk of collision, the helms of both must be put to port, so that each may pass on the port side of the other."

This rule only applies to cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two ships which must, if both keep on their respective courses, pass clear of each other.

The only cases in which it applies, are when each of the two ships is end on, or nearly end on, to the other: in other words, to cases in which, by day, each ship sees the masts of the other in a line, or nearly in a line, with her own, and, by night, to cases in which each ship is in such a position as to see both the side lights of the other. It does not apply, by day, to cases in which a ship sees another ahead crossing her own course; or, by night, to cases where the red light of one ship is opposed to the red light of the other; or, where

the green light of one ship is opposed to the green light of the other; or, where a red light without a green light, or a green light without a red light, is seen ahead; or, where both green and red lights are seen anywhere but ahead.

1 Articles 11 and 13 of British Regulations.

? The following substitutes for the first paragraph have been proposed. (Jenkins' Rule of the Road at Sea, p. 72 :)

“A sailing ship on the port tack shall keep out of the way of a sailing ship on the starboard tack, and a sailing ship which is to windward shall keep out of the way of a safling ship which is to leeward."

"A steamer having another end on, shall port.

On her port side, shall port."

3 The qualifications which follow are from the Order in Council of 1868.

This amendment of the rule seems to have introduced uncertainty in its practical application.

The collision of the Bombay with the Oneida, near Yokohama, Japan, January 24, 1870, gave rise to a discussion of the terms of this rule in the Pall Mall Gazette, issues of March 21st, 22nd and 24th, and April 12th, 1870.

In the issue of the 21st March, a writer (" Byng Giraud ") avers, that collisions at sea are to some extent caused by what he supposes to be the unsettled state of the rule of the road at sea.

And in the issue of the 24th March, the same writer quotes the language of Mr. S. Cave, Vice-President of the Board of Trade: Collisions are not caused by observance, but by neglect or misconception, of these rules."

In the issue of March 22nd, a writer ("T. G.") says, in substance, as follows:

Article 13 applies to two ships under steam, each meeting the other "end on, or nearly end on."

nearly end on, will each show to And in the case of such meeting, port, and each passes to the right

In no other position than end on, or the other both her colored side lights. each ship is required by this Article to of the other. This Article can never apply to one of two ships, (as assumed by "Byng Giraud," in letter of 21st instant,) and can never apply at all, unless it applies to both of "two ships meeting end on, or nearly end on."

If one of two ships is required to act under this Article, they are both required to do so.

An Order in Council has expressly stated that this Article applies only to two steamships, (at night,)" each of which is in such a position as to see both the side lights of the other."

Article 14 applies to two ships under steam, each crossing the path of the other, so as to involve risk of collision.

So long as the courses of the two ships cross, one of the ships will always have her red light exposed to the green light of the other—one is always to the left of the other. And this Article requires the one to the left to "keep out of the way of the other."

So long as like is exposed to like-i. e., the green light of one ship is exposed to the green light of the other, or the red light of the one ship is exposed to the red light of the other-the ships are passing ships," and there is no danger of collision.

If each ship sees the red and green lights of the other, they are “meeting end on, or nearly end on.”

So long as a green light is exposed to a red light, the ships must be "crossing ships," and collision is almost inevitable, unless the one to the left keeps out of the way.

In the issue of the 24th March, a writer ("R. E. Hooppell") suggests, that the simple revision required is the leaving out from the rules the words " or nearly end on," as being ambiguous and misleading. This suggestion was approved by "Bynd Giraud,” in the same journal.

Two sailing ships crossing.

Rule 12. When two sailing ships are crossing, so as to involve risk of collision, if they have the wind on different sides, the ship with the wind on the port side must keep out of the way of the ship with the wind on the starboard side, except when the ship with the wind on the port side is close-hauled, and the other ship free, in which case the latter ship must keep out of the way.' But if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward must keep out of the way of the ship which is to leeward.

Article 12 of British Regulations.

1 Cited and applied in Dean v. Mark; The " Constitution," 2 Moore's Privy Council Rep., (N. S.,) 453; 10 Jurist, 831; 10 Law Times Rep., (N. S.,) 894.

Two ships under steam crossing.

Rule 14.' If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side must keep out of the way of the other.2

1 Article 14 of British Regulations.

Article 13 is superseded by Rule 11.

The words "shall starboard and stop, and reverse if necessary," have been proposed to be substituted for "shall keep out of the way of the other." Jenkins' Rule of the Road at Sea, p. 73.

Sailing ship and ship under steam.

Rule 15. If two ships, one of which is a sailing ship, and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship must keep out of the way of the sailing ship.

Article 15 of British Regulations.

It has been proposed to substitute the following in place of this rule: "A steamship shall keep out of the way of a sailing ship." Jenkins' Rule of the Road at Sea, p. 73.

The American rule permits a steamer to go either to the right or the left of a sailing ship, which has the wind free. The Osprey, Sprague's Decisions, 245; Steamer Oregon v. Rocca, 18 Howard's U. S. Supreme Ct. Rep., 570.

The English statute rule requires her to go to the right. 17 & 18 Vict., c. 104, § 296.

The principle upon which the steamship is liable, even though the sailing ship is culpable, is laid down in Inman v. Reck; The City of Antwerp, and The Friedrich, 37 Law Jour. Adm., 25; 2 Law Rep. P. C., 25.

Ships under steam to slacken speed.

Rule 16. Every steamship, when approaching another ship, so as to involve risk of collision, must slacken her speed, or, if necessary, stop and reverse, and' every steamship, when in a fog, must go at a moderate rate of speed.

Article 16 of British Regulations.

1 Alterations proposed omit all but the last clause. Jenkins' Rule of the Road at Sea, p. 73.

Ships overtaking other ships.

Rule 17. Every ship overtaking another, must keep out of her way.

From Article 17 of British Regulations.

Construction of preceding rules.

Rule 18. Where, by the rules of navigation contained in this Code, one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications contained in the next rule.

Article 18 of British Regulations.

Proviso to save special cases.

Rule 19. In applying the rules of navigation contained in this Code, due regard must be had to all dangers of navigation, and to any special circumstances which may exist in a particular case, rendering a departure from the rules necessary, in order to avoid immediate danger.

Article 19 of British Regulations.

If a ship bound to keep her course under the 18th sailing rule of 1863, justifies her departure from that rule under the 19th rule, she takes upon herself the obligation of showing not only that her departure was, at the time it took place, necessary, in order to avoid immediate danger, but also that the course adopted by her was reasonably calculated to avoid that danger. The Agra and Elizabeth Jenkins, Law Rep., 1 P. C., 501; citing Holt, Rule of the Road, p. 101; The George Dean v. The Constitution, Admiralty Court, 1 Feb., 1865; the Planet v. The Aura, Admiralty Court, 7 Dec., 1865.

A departure from a rule or usage is not only justified when a compliance would be dangerous from special circumstances, but becomes a positive duty when such compliance would endanger or injure another vessel, and then a compliance with the rule or usage would be no excuse. Allen v. Mackay, Sprague's Decisions, 219; The Vanderbilt, Abbott's Adm. Rep., 361; The Friends, 1 W. Robinson's Rep., 478; The Commerce, 3 Id., 287; The Steamer Oregon v. Rocca, 18 Howard's U. S. Sup. Ct. Rep., 572; Crockett v. Newton, Id., 583; 2 Parsons on Contracts, 313.

No ship under any circumstances to neglect proper precautions.

Rule 20. Nothing in the rules of navigation contained in this Code shall exonerate any ship, or the owner, master, or crew thereof, from the consequences of any neglect to carry lights or signals, or to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Article 20 of British Regulations.

Alterations proposed (Jenkins' Rule of the Road at Sea, p. 74,) omit this and the two preceding rules, and substitute the following:

Every steamship must carry a compass on the bridge.”

Duty of succor.

378. It is the duty of all persons on the high seas to render assistance to ships or persons in distress,