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But if

free, in which case the latter ship shall keep out of the way. 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.

TWO SHIPS UNDER STEAM MEETING.

Article 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.

TWO SHIPS UNDER STEAM CROSSING.

Article 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 shall keep out of the way of the other.

SAILING SHIP AND SHIP UNDER STEAM.

Article 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 shall keep out of the way of the sailing ship.

SHIPS UNDER STEAM TO SLACKEN SPEED.

Article 16. Every steamship when approaching another ship 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.

VESSELS OVERTAKING OTHER VESSELS.

Article 17. Every vessel overtaking any other vessel shall keep out of the way of said last mentioned vessel.

CONSTRUCTION OF ARTICLES 12, 14, 15, AND 17.

Article 18. Where, by the above rules, one of two ships is to 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.

Article 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.

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NO SHIP UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS.

Article 20. 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.

Approved, April 29, 1864.

APPENDIX H, pages 180 and 529.

2 Spinks' Reported Cases.

Page 1. The Primus, prize, owners, costs. The Johann Christoph, colorable transfer to master. The Ocean Bride, a fictitious transfer.

Page 23. In the Catalina, a Dutch and Spanish vessel came into collision; the Spanish crew boarded the other vessel, and behaved with great violence. The court thought the Dutch vessel to blame for the collision and pronounced for the Spaniard; but gave no costs, on account of the subsequent misconduct of the Spanish

crew.

Page 27. The Clyde, another case of collision.

Page 30. The Graaff Arthur Bernstorff. The court has no power, at the suit of a British part owner of a foreign vessel, to arrest her until bail is given for her safe return to her own port abroad.

Page 31. The Elise Wilhelmene, a vessel unjustifiably seized, was ordered to be restored with costs and damages from the date of the seizure to the date of the offer of restitution; no claim was made to the cargo till some time after the seizure, the claimant thereto having mistaken his course of proceeding.

Held, that the owners of the cargo being British merchants, and therefore presumed to know the proper course, were only entitled to costs and damages from the date of their claim to the date of the offer of restitution.

Page 70. The Silver Bullion. The bark S. R. P., having on board a large quantity of silver bullion, was stranded during a violent storm, on the rocks of Tynemouth, and was in a position of consider

APPENDIX.

669

able peril, both to herself and her crew.

Lieutenant Miller of the

coast guard service, and three of his crew, proceeded to the spot, with Manby's apparatus, by means of which the crew and cargo were saved. They were assisted by a mariner named Armstrong, who boarded the bark in the cradle during the storm, and accelerated the landing of the crew and cargo.

An ignorant salvor, receiving a sum utterly inadequate to the services performed, and signing a receipt in full of all demands, is entitled to relief in a court of Admiralty, and is not barred of his suit for fair and proper remuneration of such services.

In an action for salvage, Lord Stowell gave a larger sum than the amount in which the cause was instituted and directed a fresh action to be instituted. Pritch. Dig. vol. 2, p. 1081 and 6.

Page 75. The Sylph. Two steamers came into collision in Halfway Reach in the Thames. Both to blame; one for not being on the side of the river directed by the statute, notwithstanding there was a usage for vessels to follow the course she took.

Page 87. The Ernest Merck, question of sale of enemy ship. Page 93. The Atlantic, claim withdrawn, ship condemned and claimant in costs.

Page 93. The Johannes Christoph. Court is in habit of giving to foreign seamen the benefit of their own laws. Importation of foreign laws is not, however, a matter of course. The court should not adopt it, if the effect would be to work injustice on others. The proceeds of a foreign ship being insufficient to pay the preferable claims, monition to bring in freight to answer master's wages refused.

Page 101. The Soglasie, fraudulent transfer.

Page 107. The Swanland. Two steamers came into collision in the Humber; the court charged, that the S. improperly starboarded. S. replied that J.'s lights were not those required by the statute, and misled him to believe that J.'s vessel was at anchor, and that therefore he was right in starboarding his helm.

Held, both to blame, J. for not having his lights burning brightly, the deficiency in the lamps, however, not causing the collision; S. for starboarding. Damages divided.

Page 113. The Franciska,

Page 159. The Steen Bille, noticed sufficiently in text.

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Page 161. The Union, visit to blockaded port not innocent, without special ignorance, for inquiry even.

Page 165. The Jeanne Marie, purchased before the war, owners

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ignorant of blockade before sailing. Ship condemned and cargo restored.

Page 169. The Nornen, cargo bought in blockaded port, by a supercargo sent there by the owners, condemned.

Page 170. The Ostsee, under Mecklenburg colors, took in cargo of wheat at Cronstadt, May, 1854, and sailed for Elsinore for orders. Captured twenty-four hours out by H. M. S. Alban for breach of blockade and sent to England for adjudication.

In Admiralty, ship restored but prayer for costs and damages rejected.

On appeal to Privy Council, T. P. Leigh, for Judicial Committee, confirmed restitution but reversed decree as to costs and damages; allowing both.

Page 189. The Lanarkshire, suit for seamen's wages in England and in rem - another in Canada in personam · -owners pleaded lis pendens in Canada. Adjudged to be good bar, as owners were ultimately liable in both suits.

Page 211. The Temiscouata. Plaintiff took bail for £250. The damages alone amounted to less; but with costs to more than that sum. Defendant tendered £250; but court adjudged him liable for the remainder of the sum necessary to cover plaintiff's costs, as he had unnecessarily compelled plaintiff to proceed by the more expensive mode of plea and proof, instead of by act or petition.

Page 212. The Ionian Ships. Trade of Ionian ships with Russia not illegal, as the inhabitants of the Ionian Islands were neither English, allies, nor enemies of Russia.

Page 228. The Leucade, probable cause, costs and damages, noticed in text.

Page 249. The Hopewell; salvage tender, sufficiently noted in

text.

Page 253. The Lady Worsley, cargo derelict at Africa, salvage claim forfeited by misconduct, in retaining from owner's agent possession of salved property.

Page 256. The Wear Packet, court will not entertain the salvage claim of parties, who have been convicted for misconduct in the same transaction for which they claim the salvage reward.

Page 258. The Royal Stuart. The agent of a ship advanced money on a bottomry bond. The bond was admitted, and on reference of the accounts, it appeared that one large item was on account of relading damaged flour, the property of the agent.

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Another large item for money advanced to the master, without inquiry as to the necessity of such advance, or seeing to the application of the money.

The report of the registrar disallowing these items was objected to, but the report was confirmed. Vide also, 1 Jur. (N. s.) 1116.

Page 261. The Carl, a prize case, in which it was held, that a ship of war was entitled to share in all captures made by a tender, however distant it may have been.

APPENDIX I, pages 180 and 529.

SHIPPED in good order and condition by

the good

called the

Marks and Numbers.

whereof

on board

is Master,

for this present voyage, now lying in the Port of BOSTON, and bound for

To Say:

being marked and numbered as in the margin, and are to be delivered in like good order and condition at the aforesaid Port of

(the

danger of the seas only excepted), unto
or Assigns, he or they paying Freight for the said
Goods
with Primage and Average
accustomed. IN WITNESS WHEREOF, the Master
or Agent of the said vessel hath affirmed to
Bills of Lading, all of this tenor and date; one of
which being accomplished, the others to stand
void.

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