by day. And for their more effective execution at night every steam vessel, when in pilotage water, shall carry, between sunset and sunrise, three sufficiently strong lights in lanterns, so as to be seen in all directions, and attached to a yard which must be kept square, and raised at least six feet above the tops of the paddle boxes. This yard may be attached to the mast, or otherwise raised to the requisite height above the vessel's bow for that purpose.

"VII. These three lights shall be arranged in the following manner: One light on each yard-arm, at the distance of six feet from the mast, that is twelve feet apart: and on the larboard yard-arm one additional light, which shall be placed horizontally with respect to the other light, or vertically under it, according to the following conditions:

"1. All steam vessels which may be coming up any river or channel shall show the additional light three feet directly under the light at the larboard yard-arm.

"2. All steam vessels which may be going down any river or channel shall show the additional light at the same height as the two other lights, and at the distance of three feet inside of the larboard light, or half way between it and the mast.

"VIII. For any infraction of the foregoing regulations a fine, varying according to the culpability of the offender, but not exceeding five pounds, should be summarily levied upon the party; and, as the only means of making these regulations effectual, one-half of the fine should be payable to the common informer.”

APPENDIX C.

"Act for the Regulation of Steam Navigation, 9° and 10° Victoria, cap. 100, 28th August, 1846.

"IX. And be it enacted, that 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 is 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 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.'

APPENDIX D.

"An act amending the Laws for the Regulation of Steam Navigation of 28th August, 1846, 14° and 15° Victoria, cap. 79, 7th August,

1851.

"XXVII. 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 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 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 £50.”

APPENDIX E.

"The Merchant Shipping Act, 17° and 18° Victoria, cap. 104, 10th August, 1854.

"296. Whenever any ship, whether a steam or a sailing ship, pro ceeding in one direction, meets another ship, whether a steam or a sailing ship, proceeding in another direction, so that, if both ships were to continue their respective courses, they would pass so near as to involve any risk of a collision, the helms of both ships shall be put to port, so as to pass on the port side of each other; and this rule shall be obeyed by all steamships and by all sailing ships, whether on the port or starboard tacks, and whether close-hauled or not, unless the circumstances of the case are such as ro render a departure from the rule necessary in order to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of navigation, and, as regards sailing ships on the starboard tack close-hauled, to keeping such ships under command.

"297. Every steamship, when navigating any narrow channel, shall, whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such steamship."

APPENDIX F.

"Report of Select Committee of the House of Commons on Merchant Shipping, 7th August, 1860. Page 28.

“RULE OF THE ROAD.'

"The question of the 'Rule of the Road,' and of an international system of lights at sea, when vessels meet each other, deserves, however, particular attention.

"This section in the act as it stands, at present, is most unsatisfactory, however the decision of our Courts of Admiralty may have modified its dangerous tendency. The evidence given is conclusive that some change in the existing regulation is necessary; and your committee expresses a hope that the Board of Trade will take steps to move the Foreign Powers, with a view to the adoption of some common system, founded upon general practice and professional experience; and that our law may be altered accordingly."

APPENDIX G.

"The Merchant Shipping Act Amendment Act, 25° and 26° Victoria, cap. 63, 29th July, 1862, Section 25, Table C, and Regulations for Preventing Collisions at Sea, issued in pursuance of an Order in Council dated 9th January, 1863.

"PRELIMINARY.

“Art. 1. In the following rules every steamship which is under sail, and not under steam, is to be considered a sailing ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam.

"Steering and Sailing Rules.

ships meeting.

"Art. 11. If two sailing ships are meeting end on, or nearly Two sailing end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.

"Art. 12. When two sailing ships are crossing so as to involve risk of collision, then, if they have the wind on different sides, the ship with the wind on the port side shall keep out of the

Two sailing.

ships crossing.

Two ships

under steam

way of the ship with the wind on the starboard side, except in the case in which the ship with the wind on the port side is close hauled and the other ship free, in which case the latter ship shall 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 shall keep out of the way of the ship which is to leeward.

“Art. 13. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port

side of the other.

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

Sailing ship

and ship under

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

Ships under steam to slacken speed.

Vessels over

taking other

"Art. 16. Every steamship, when approaching another so as to involve risk of collision, shall slacken her speed or, if necessary, stop and reverse; and every steamship shall, when in a fog, go at a moderate speed.

"Art. 17. Every vessel overtaking any other vessel shall keep

vessels. out of the way of the said last-mentioned vessel.

Construction

of Articles 12,

"Art. 18. Where, by the above rules, one of two ships is to 14, 15, and 17. keep out of the way, the other shall keep her course, subject to the qualifications contained in the following article.

Proviso to save special

cases.

"Art. 19. In obeying and construing these rules, due regard must be had to all dangers of navigation; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.

No ship, under "Art. 20. Nothing in these rules shall exonerate any ship, any circumstances, to or the owner, or master, or crew thereof, from the consequences neglect proper precautions. of any neglect to carry lights or signals, or of any neglect 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."

APPENDIX H.

'Proposed Rules.—December, 1866.

"I. When any two ships intend to pass or cross near each other, that one which has the other on her own starboard side, shall keep out of the way of that other; and that ship which has or brings the other on her port side, shall keep a steady course until all danger of collision is past.

"II. Every steam vessel, and every sailing vessel with the wind free, navigating any river or narrow channel, shall keep, as far as is practicable, on that side of such river or channel which lies on the starboard side of such vessel.

"III. Every ship, when approaching another ship so as to involve risk of collision, shall check her way through the water, or, if a steamer, and it is necessary, stop and reverse; and every ship shall, when in a fog,,go at a moderate speed.

"IV. Nothing in these rules is to be construed as binding ships to obey them, when such obedience will plainly lead to immediate danger.

"V. Nothing in these rules shall exonerate 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 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."

APPENDIX I.

"Extract from Address of Dr. Lushington to Elder Brethren, in the case of the 'Josephine Willis' v. the 'Mangerton.'

"I am under the necessity

of

*

stating to you

what I believe to be the true interpretation of the 296th section (of the Merchant Shipping Act, 1854.) This statute is more comprehensive, and proposes to impose more restriction than any previous Act of Parliament. "Whenever any ship, whether a steam or a sailing ship, proceeding in one direction, meets another ship, whether a steam or a sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses, they would pass so near as to involve any risk of a collision." Now here we must pause. It was utterly impos sible for the Legislature to have defined what would have been, or constituted risk of collision; it is only those who are experienced in these matters who can form anything like an accurate opinion upon the subject.