A Treatise on the Law of Collisions at Sea

and to the legal profession, is is offered as containing a summary of the law and cases relating to collisions between ships. Its publication at the present moment is explained by the recent issue of new International Regulations for preventing collision at sea, which comes into force on the 1st of September next.

I am indebted to my friend, Mr. C. F. Jemmett, of Lincoln's Inn and the Inner Temple, for valuable suggestions and assistance in preparing the following sheets for the press. For errors of arrangement, commission and omission (for which I alone am responsible) I ask the indulgence of the reader.

5, NEW SQUARE, LINCOLN'S INN,

March, 1880.

ADDENDA.

Page 26, note (o); see the judgment of the Court of Appeal delivered by
Brett, L.J., in The Parlement Belge (Court of Appeal, February
27, 1880; Times, February 28, 1880).

29, note (e); see the observations of Brett, L.J., on The Bold Buccleugh
in The Parlement Belge, ubi supra.

31, The nature of proceedings in rem was fully considered in The
Parlement Belge, ubi supra.

33, note (b); opposed to the view that the "wrongdoing" ship is

liable in Admiralty without regard to her ownership is the judg-

ment of the Court of Appeal in The Parlement Belge, ubi supra.

"The liability to compensate must be fixed not merely on the

property but on the owner through the property," per Brett, L.J.,

ibid. In the same case, it was held that the shipowner is, in fact,

impleaded in an Admiralty action in rem, and that the proceed-

ings are not merely against the ship.

64, note (y); Lohre v. Aitchison is reported on appeal, 4 App. Cas. 755.

71, note (p); see The Consett, 28 W. R. 307; on app. 42 L. T., N. S., as

to the costs of cargo owners before the registrar and merchants.

93, The decision of Sir R. Phillimore that The Parlement Belge was

liable to arrest, was reversed by the Court of Appeal upon the

following grounds :-(1) That the person and the property of a

foreign Sovereign are exempt from the jurisdiction of a British

Court upon the same grounds, namely, that the exercise of such

jurisdiction is incompatible with the absolute independence of the

Sovereign of every superior authority; (2) That this principle

applies to an Admiralty action in rem; (3) That a ship owned

and used by a State or Sovereign for public purposes is exempt

from arrest, whether process in rem is considered as a proceeding

against the ship or against the shipowner; (4) That in an action

in rem the shipowner is indirectly impleaded. The question

whether the ship was exempt from arrest by virtue of the con-

vention mentioned in the text (p. 93) was not considered; The

Parlement Belge, ubi supra.

158, 253, 259. It is intended by Order in Council to postpone the

coming into operation of Article 10 of the Regulations of 1880 as

to fishing boats' lights until the 1st of September, 1881.

271-279. By an Order in Council, dated the 18th of March, 1880,

the bye-laws for the River Thames printed in the Appendix,

pp. 271-274 (except No. 15, p. 271), have been repealed. By

the same Order the rules and bye-laws printed in italics (pp.

274-279), and headed as "Proposed " rules, have been enacted in

their place. The Schedule to the Order in Council contains an

additional bye-law, No. 30, imposing a penalty of £5 for infringe-

ment of the bye-laws. The new bye-laws come into force on the

1st of June, 1880.

TABLE OF CASES.

"A. R. Wetmore," The, and the The "Epsilon," 5 Bened. 147 Abraham," The, 2 Asp. Mar. Law Cas. 34; 28 L. T., N. S. 775 "Acteon," The, 1 Sp. E. & A. 176

'Active," The, 5 L. T., N. S. 773.

"Ada," The, and The "Sappho," 27 L. T., N. S. 718; 1 Asp. Mar. Law Cas. 475; on app. 28 L. T., N. S. 825; Asp. Mar. Law

Cas. 4...

Addison v. Overend, 6 T. R. 766

PAGE

212

"Admiral Boxer," The, Swab. Ad. 193

114

'Adriatic," The, 3 Asp. Mar. Law Cas. 16; 33 L. T., N. S. 102......14, 155 African Steam Ship Co. v. Swantzy, 2 K. & J. 660; 25 L. J. Ch. 870; 27 L. T. 248; 4 W. R. 210