BRITISH ORDER IN COUNCIL, declaring the Regulations appended to the Order in Council of January 9, 1863, respecting Collisions at Sea, to be applicable to the Ships of various Foreign Countries.*-Osborne, July 27, 1863.†

At the Court at Osborne House, Isle of Wight, the 27th day of
July, 1863.
PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS the rules and practice observed for the purpose of preventing collisions at sea, which were formerly adopted by maritime nations, have proved insufficient to satisfy the requirements of modern navigation; and whereas various alterations in such rules and practice have from time to time been made by different nations, but the rules so altered have been found to be in some cases inconsistent with each other, and in other cases to have the force of municipal law only; and whereas certain regulations for the purpose aforesaid have been sanctioned by "The Merchant Shipping Act Amendment Act, 1862" [cap. 63], and are contained in the Table C, in the schedule to that Act. And whereas for the purpose of correcting certain clerical errors the said regulations have, in pursuance of the provisions in the said Act contained, been modified by an Order in Council bearing date the 9th day of January, 1863, and the said regulations so modified, are appended to the said Order, and to this Order. And whereas by virtue of the said Act and of the said Order the said regulations so appended as aforesaid, so far as relates to British and French ships, and also so far as relates to other foreign ships when within British jurisdiction, came into operation on the 1st day of June, 1863. And whereas it is provided, by the same Act, that 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 the said Act, or such other regulations for preventing collision as are for the time being in force under the said Act 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 shall apply to the ships of the said foreign country, whether within British jurisdiction or not. And it is further provided by the said Act that whenever an Order in Council has been issued applying any regulation made by or in pursuance of the said Act to the ships of any foreign country, such ships shall in all cases arising in any British court be deemed to be subject to such regula* Page 338. "London Gazette" of July 28, 1863.

tion, and shall for the purpose of such regulation be treated as if
they were British ships: And whereas it has been made to appear
to Her Majesty that the following Governments, that is to say:
The Government of Her Majesty the Queen of Spain:
The Government of His Majesty the Emperor of Brazil:
The Government of the Free Hanseatic City of Hamburg:
The Government of the Free Hanseatic City of Lubeck :
The Government of the Free Hanseatic City of Bremen:
The Government of His Majesty the Emperor of Morocco:
The Government of the Republic of the Equator:

The Government of the Oriental Republic of the Uruguay:
The Government of the Republic of Peru :

The Government of the Republic of Hayti (erroneously described in the Order in Council of the 28th of April,* 1863, as the Kingdom of Hayti):

Are willing that the said regulations appended to the said Order and to this Order shall apply to ships belonging to their respective countries when beyond the limits of British jurisdiction: and whereas it has also been made to appear to Her Majesty, that the Government of His Majesty the Emperor of Russia is willing that the said regulations appended to the said Order and to this Order should, on and after the 1st day of July, 1863, apply to ships belonging to Russia when beyond the limits of British jurisdiction. And whereas it has also been made to appear to Her Majesty, that the Government of His Majesty the King of Sweden and Norway is willing that the said regulations appended to the said Order and to this Order should, on and after the 1st day of August, 1863, apply to ships belonging to Sweden when beyond the limits of British jurisdiction.

Now, therefore, Her Majesty, by virtue of the power vested in Her by the said recited Act, and by and with the advice and consent of Her Privy Council, is pleased to direct,

That the said regulations appended to the said Order in Council, bearing date the 9th day of January, 1863, and to this Order, shall from the date of this Order, apply to ships belonging to the following countries and states, that is to say:-Spain, Brazil, the Free Hanseatic City of Hamburg, the Free Hanseatic City of Lubeck, the Free Hanseatic City of Bremen, Morocco, the Republic of the Equator, the Oriental Republic of the Uruguay, the Republic of Peru, the Republic of Hayti (erroneously described in the Order in Council of the 28th of April, 1863, as the Kingdom of Hayti), whether within British jurisdiction or not; and shall also, on and after the 1st day of July, 1863, apply to ships belonging to Russia, whether within British

* Page 344.

jurisdiction or not; and shal also, on and after the 1st day of August, 1863, apply to ships belonging to Sweden, whether within British jurisdiction or not.

EDMUND HARRISON.

REGULATIONS REFERRED TO IN THE FOREGOING ORDER.
Regulations for Preventing Collisions at Sea.

ART. I. In the following rules every steam ship which is under sail and not under steam is to be considered a sailing ship; and every steam ship which is under steam, whether under sail or not, is to be considered a ship under steam.

Rules concerning Lights.-Lights.

II. The lights mentioned in the following Articles, numbered III, VI, V, VI, VII, VIII, and IX, and no others, shall be carried in all weathers, from sunset to sunrise.

Lights for Steam Ships.

III. Sea-going steam-ships when under weigh shall carry: (a.) At the Foremast Head, a bright white light, so fixed as to show an uniform and unbroken light over an arc of the horizon of 20 points of the compass; so fixed as to throw the light 10 points on each side of the ship, viz., from right ahead to 2 points abaft the beam on either side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least 5 miles :

(b.) On the Starboard Side, a green light so constructed as to throw an uniform and unbroken light over an arc of the horizon of 10 points of the compass; so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side; and of such

a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles :

(c.) On the Port Side, a red light, so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass; so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side; and of such a character, as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles :

(d.) The said green and red side lights shall be fitted with inboard screens, projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bow.

Lights for Steam Tugs.

IV. Steam ships, when towing other ships, shall carry two bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from other steam ships. Each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steam ships are required to carry.

Lights for Sailing Ships.

V. Sailing ships under weigh, or being towed, shall carry the same lights as steam ships under weigh, with the exception of the white mast-head lights, which they shall never carry.

Exceptional Lights for small Sailing Vessels.

VI. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with suitable screens.

Lights for Ships at Anchor.

VII. Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall exhibit, where it can best be seen, but at a height not exceeding 20 feet above the hull, a white light, in a globular lantern of 8 inches in diameter, and so constructed as to show a clear uniform and unbroken light visible all round the horizon, and at a distance of at least one mile.

Lights for Pilot Vessels.

VIII. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a white light at the mast, head, visible all round the horizon,-and shall also exhibit a flare-up light every 15 minutes.

Lights for Fishing Vessels and Boats.

IX. Open fishing boats and other open boats shall not be required to carry the side lights required for other vessels; but shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side.

Fishing vessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light.

Fishing vessels and open boats shall, however, not be prevented from using a flare-up in addition, if considered expedient.

Rules concerning Fog Signals.-Fog Signals.

X. Whenever there is fog, whether by day or night, the fog signals described below shall be carried and used, and shall be sounded at least every 5 minutes, viz.:

(a.) Steam ships under weigh shall use a steam whistle placed before the funnel, not less than 8 feet from the deck:

(b.) Sailing ships under weigh shall use a fog horn:

(c.) Steam ships and sailing ships when not under weigh shall use a bell.

Steering and Sailing Rules.-Two Sailing Ships Meeting.

XI. If two sailing ships 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 Sailing Ships Crossing.

XII. 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 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.