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 unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two 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 three feet forward from the light, so as to prevent these lights from being seen across the bow.

Art. 4. 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 masthead lights shall be of the same construction and character as the mast-head lights which other steam ships are required to carry.

Art. 5. 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.

Art. 6. 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, they shall each be painted outside with the colour of the light they respectively contain, and shall be provided with suitable screens.

Art. 7. Ships, whether steam ships or sailing ships, when at anchor in roadsteads, or fairways, shall between sunrise and sunset exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight 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.

Art. 8. 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 fifteen minutes.

Art. 9. Open fishing boats and other open boats shall not be required to carry 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.

Art. 10. 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 five minutes; viz.

(a) Steam ships under weigh shall use a steam whistle placed before the funnel not less than eight 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.

Art. 11. 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.

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 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 involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.

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

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

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

Art. 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.

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.

Art. 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 look-out, 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.

No. VI.

ADMISSION OF FOREIGN SHIPS TO COASTING TRADE.

17 VICT. c. 5.

An Act to admit Foreign Ships to the Coasting Trade.

[23rd March, 1854.]

WHEREAS by the one hundred and fifty-second section of the Customs Consolidation Act, 1853, it is enacted, that no goods or passengers shall be carried coastwise from one part of the United Kingdom to

Repeal of the recited enact

ments.

The Queen

enabled to exerpowers as in 16 & 17 Vict. c. 107, 88, 324, 325, & 326.

cise retaliatory

Foreign ships in the coasting trade to be sub

ject to the same rules as British ships.

Foreign ships

employed in the

coasting trade

another, except in British ships: And whereas by the one hundred and ninety-first section of the same Act it is enacted, that no goods or passengers shall be imported into the United Kingdom from the Channel Islands, or exported from the United Kingdom to the said islands, or carried from one of the said islands to another, or from one part of any of the said islands to another part thereof, except in British ships: And whereas it is expedient to remove the restrictions contained in the said recited enactments: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:

I. The enactments herein-before recited, that is to say, the one hundred and fifty-second and the one hundred and ninety-first sections of the said Customs Consolidation Act, 1853, shall be repealed from the passing of this Act: Provided, that it shall be lawful for her Majesty to exercise, in respect of foreign ships employed in the coasting trade as aforesaid, and of goods carried coastwise in such ships, such or the like powers as are conferred on her Majesty by the three hundred and twenty-fourth, three hundred and twenty-fifth, and three hundred and twenty-sixth sections of the said Customs Consolidation Act, 1853, in respect of foreign ships employed in the oversea trade, and of goods exported or imported in such ships.

II. Every foreign ship which after the passing of this Act is employed in carrying goods or passengers coastwise from one part of the United Kingdom to another, or from the islands of Guernsey, Jersey, Alderney, Sark, or Man, to the United Kingdom, or from the United Kingdom to any of the said Islands, or from any of the said islands to any other of them, or from any part of any one of the said islands to any other part of the same, shall be subject, as to stores for the use of the crew, and in all other respects, to the same laws, rules, and regulations to which British ships when so employed are now subject.

III. No foreign ship which after the passing of this Act is employed in the coasting trade as aforesaid, nor any goods carried in any such not to be subject ship, shall, during the time such ship is so employed, be subject to to higher rates any higher or other rate of dock, pier, harbour, light, pilotage, tonthan British ships. nage, or other dues, duties, tolls, rates, or other charges whatsoever, or to any other rules as to the employment of pilots, or any other rules or restrictions whatsoever, than British ships employed in like manner, or goods carried in such ships, any law, charter, special privilege, or grant to the contrary notwithstanding; nor shall any body corporate or person having or claiming any right or title to any such higher or other rates, dues, duties, tolls, or other charges as aforesaid, be entitled to any compensation in respect thereof under any law or statute relating thereto, or otherwise howsoever.

BB G. 3, e. 116.

No. VII.

3 & 4 VICT. c. 56.*

An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter.

WHEREAS by an Act passed in the fifty-fifth year of the reign of his late Majesty King George the Third, intituled "An Act to make further regulations for the registry of ships built in India," it was

The provisions of this Act of 7 & 8 Vict. c. 112, and of 8 & 9 Vict. c. 116, when applied by East Indian and colonial governioents to their own ships, may be enforced throughout the empire: 13 & 14 Vict. c. 93, ss. 119-122.

enacted, that nothing in that, or in the therein-recited Acts, or in any other Act contained, should subject any ship or vessel built or to be built within the limits of the charter of the East India Company, which should not be of the burthen of three hundred and fifty tons, or any ship or vessel built within the limits of the charter of the said company, then the property of any of his said Majesty's subjects within the limits aforesaid, and employed in trade as theretofore, solely within the said limits, including the Cape of Good Hope, or any ship or vessel which then was, or at any time before the first day of January, in the year one thousand eight hundred and sixteen, should be building within the limits aforesaid, on account of any of his said Majesty's subjects within the said limits, and should be employed in trade solely within the said limits, including the Cape of Good Hope, to any penalty, forfeiture, disability or impediment, by reason of such ship or vessel not being registered, and not being British built, or to affect the property or any transfer of property in any such ship or vessel as aforesaid, which should not be registered: and whereas by an Act passed in the fourth year of his late Majesty King George the Fourth, intituled, "An Act for the registering of 4 G. 4, 0. 49. vessels," and by another Act passed in the same session, intituled, "An Act to consolidate and amend the several laws now in force with 4 G. 4, c. 80. respect to trade from and to places within the limits of the charter of the East India Company, and to make further provisions with respect to such trade; and to amend an Act of the present session of parliament, for the registry of vessels, so far as it relates to vessels registered in India," the said recited Act of the fifty-fifth year of King George the Third was repealed: and whereas by an Act passed in the session held in the third and fourth years of the reign of King William the Fourth, intituled, "An Act to regulate the trade of the 3 & 4 W. 4, c. 59. British possessions abroad," it was, amongst other things, enacted, that all ships built at any place within the limits of the East India Company's charter prior to the first of January, one thousand eight hundred and sixteen, and which then were and had continued ever since to be solely the property of his Majesty's subjects, should be deemed to be British ships for all the purposes of trade within the said limits, including the Cape of Good Hope: and whereas, under and by virtue of an Act passed in the same session, intituled, “An 3 & 4 W. 4, c. 55. Act for the registering of British vessels," ships or vessels built in any ports in the territories under the government of the said company, being owned by British subjects, and being registered in manner therein provided for, are entitled to all the privileges and advantages of a British registered ship; but it is expedient further to regulate the trade of ships built and trading within the limits of the East India Company's charter, including the Cape of Good Hope and the territories and dependencies thereof, and in the meantime to restore to the ships or vessels so described as aforesaid, in the said recited Act of the fifty-fifth year of King George the Third, the enjoyment of the privileges to which they were thereby entitled; and it is fit that indemnity should be afforded in respect of the consequences of the repeal of such privileges by the said Acts of the fourth year of King George the Fourth, or either of them: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in the meantime, and until such declaration by proclamation shall be made Until proclamaby the governor-general in council as hereinafter is authorized, as well tion, all vessels as all ships mentioned in the said enactment contained in the said to be entitled to privileges given first-recited Act of King William the Fourth, as also all other ships or by 55 G. 3, c. 116.

Coasting trade of India to be now regulated by governor-general in council. See 12 & 18 Vict. 5. 29, s. 6.

This Act to have

55 G. 3, c. 116.

vessels so as aforesaid described in the said Act of the fifty-fifth year of the reign of King George the Third, shall have and enjoy the same privileges as were thereby given to such ships or vessels.

II. And be it enacted, that for all purposes of indemnity and disthe same force as charge from all actions, suits, prosecutions, penalties, forfeitures, disabilities, or impediments, and for all purposes of confirming and giving validity to all sales, assignments, mortgages, contracts, engage ments, bonds, policies of assurance, gifts, bequests, rights, titles, interests, matters, and things whatsoever, which but for the said recited repeal of the said privileges, would have been valid and effectual in law, and for all other beneficial purposes whatever, this Act shall have the same force and effect as if the said Act of the fiftyfifth year of the reign of King George the Third had never been repealed.

Governor general enabled to de

clare what ships

shall be consi

dered as British.

Ships belonging

may be admitted to privileges of British ships.

III. And be it enacted, that it shall be lawful for the governorgeneral of India, in council, by proclamation, to declare that all ships or vessels, built or to be built within the limits of the charter of the East India Company, being owned by her Majesty's subjects, for whom the said governor-general in council has power to legislate, and belonging, under the regulations herein-after provided for, to any ports in the territories under the government of the said company, shall be deemed to be British ships for all the purposes of trade within the said limits, including the Cape of Good Hope, and the territories and dependencies thereof; provided that, upon such declarations being made, the said governor-general in council shall, and the said governorgeneral in council is hereby accordingly empowered to make regulations, to be enforced by suitable penalties, concerning the registering, licensing, and ascertaining the admeasurement of the tonnage and burden, and generally for the trading within the limits as aforesaid of such ships or vessels, anything in any Act to the contrary notwithstanding; which regulations shall be of equal force and effect with any laws and regulations which the said governor-general in council is authorized to make, but shall be subject to disallowance and repeal, and shall in the same manner be transmitted to England, and be laid before the houses of parliament, as in the case of any other laws or regulations which the said governor-general in council is now by law empowered to make*.

IV. And whereas it may be expedient to admit to similar privileges to native powers and advantages any ships or vessels belonging to native princes or states in subordinate alliance with, or having subsidiary treaties with the East India Company, or owned by subjects of any such princes or states; be it therefore enacted, that the governor-general of India in council may by such regulations as aforesaid, such regulations being subject as aforesaid, admit to the privileges and advantages of British ships, for the purposes of trade within the limits of the charter of the said company, including the Cape of Good Hope and the territories and dependencies thereof, or to any of such privileges and advantages, any ships or vessels belonging to such princes, or states, or any of them, or owned by subjects of any such princes or states; but any such regulations shall provide for the granting to such ships or vessels fit and convenient licences or passes, and generally for the trading within the limits aforesaid of such ships or vessels.

V. And whereas vessels exceeding the burden of three hundred and fifty tons, built in ports within the limits of the East India Company's charter since the first day of January, one thousand eight hundred and sixteen, and owned by British subjects, and vessels built in ports within the limits aforesaid, owned by native princes or states in subordinate alliance with, or having subsidiary treaties with the East India Company, or by the subjects of such princes or states, may have heretofore

• Crawford, A., v. Spooner, R., 4 Moore's Ind. App. 179.