bandi rests with the vessel which thus deviates from the rule, to show that it was necessary to do so (a).

helm not

enough.

In speaking, throughout this chapter, of porting Altering the or otherwise altering the position of the helm, the always thing intended is, of course, that the ship's course should be altered. Under some circumstances, it may be necessary for this purpose that some manœuvres with the sails should be employed to assist the helm; and, if so, the ship would be held in fault should these be neglected. Thus, in one case it was held a ship was in fault because, having missed stays, the crew did not square the mainyard and let her pay off (b); and in another, because, though the ship's helm was properly ported, she did not, when lying-to, throw back her headyards (c). In the case of the La Plata, it was not enough, it was said, that the helm was ported; the ship must answer her helm (d).

With regard to the time when the helm is to be altered, a medium must be kept between precipitancy and procrastination. When a ship is seen at a considerable distance, time ought first to be taken for perfectly observing her probable course, after which any alteration of the helm which may be requisite should be made in such good time that the vessel may be kept constantly under command (e).

(a) Immaganda Sara Clasina, 7 Notes of Cases, 582.

(b) Kingston-by-Sea, 3 W. Rob. 158.

(c) James, Swab. 59.

(d) Swab, 223.

(e) Lucerna, 8 Mitch. 115.

Time when

helm should

be altered.

General principle.

CHAPTER II.

STEERING RULES FOR STEAMERS AND SHIPS IN TOW

(AT SEA).

It seems convenient to treat in a separate chapter of the steering rules as affecting steamers or ships in tow of steamers; under which head it will be necessary incidentally to consider the duty of sailing ships when they meet steamers, whether the latter are going alone or have ships in tow.

The general principles on this head are, that a steamer going alone, having a locomotive power which is independent of the wind, and consequently being able to leave and return to her course with less inconvenience than a sailing vessel, is to be treated as a ship that has the wind free, and is therefore to make way for a ship closehauled on either tack.

A steamer with a ship in tow is not in the same position, since she cannot shift her course with so much ease. The result of the decisions, which are given in detail below, appears to be that such a vessel is bound to make way for a ship closehauled on the starboard tack; but, when she meets a ship closehauled on the port tack, each vessel is to make way for the other. Whether a towing steamer is bound to make way, or to assist in making way,

for a vessel having the wind free, is a question which has not yet, I believe, been the subject of an express decision in the courts (a).

The duty of a steamer, in making way for another vessel, is not confined to the action of her helm. She may be obliged to slow, or stop, or back her engines, according to circumstances.

We may begin with the case of steamers going alone.

In the oldest case upon the subject, in 1828, the steamer Shannon, on the starboard tack, met a ship which was on the port tack, and in the argument it was contended that the duty of making way rested with the latter vessel; but the Trinity Masters said that the direction of the wind was of no very great importance, as the Shannon, not receiving her impetus from sails but from steam, should have been under command. Steamboats, they said, from their greater power, ought always to give way. The Shannon was accordingly condemned in damages (b).

Steamer to sailing vessel.

give way to

In the year 1840, the following Regulation was Trinity rules. issued by the Trinity Board, after communication

(a) On this subject of ships in tow, there is, as is pointed out below, a variance between the common law of the sea and the statutory regulations.

(b) Shannon, 2 Hagg. 174. By the common law of the sea, a vessel which has the wind free is to give way to one closehauled, and a steamer is to be treated as a vessel which has the wind free. This applies to the ships of all countries (Eclipse, 1 Lush. 423). By the common law of the sea, when two steamers meet end-on, each is to port helm (Black Diamond, 8 Mitch. 1488).

This rule of binding authority.

with the Lords Commissioners of the Admiralty: After setting forth the necessity of having some rule as to steamers, and stating that the recognised rule for sailing vessels was, as has already been stated, the Regulation continues :--

"And as steam vessels may be considered in the light of vessels navigating with a fair wind, and should give way to sailing vessels in a wind on either tack, it becomes only necessary to provide a rule for their observance when meeting other steamers or sailing vessels going large."

For this purpose, therefore, they promulgate the following

66

Rule.

When steam vessels on different courses must unavoidably or necessarily cross so near that by continuing their respective courses there would be a risk of coming in collision, each vessel shall put her helm to port, so as always to pass on the larboard side of each other."

There is also a rule for the steering of steam vessels when passing each other in narrow channels-a subject which is reserved for the following chapter.

The first case in which the above rule was brought under the consideration of the Admiralty Court was that of the Duke of Sussex. Two steamers were approaching each other end-on; the Lightning

ported-the Duke of Sussex starboarded her helm ; a collision ensued. In the argument, the Trinity House Regulation was cited to prove that the Duke of Sussex was in the wrong. Dr. Lushington observed :-"The rule in question emanates from the Trinity House; and although it cannot be said to constitute a law per se, it is nevertheless a rule to be observed, and it is important that it should be distinctly understood that, in all future cases of this kind, the court will consider this rule of binding authority upon the owners of steam vessels; and if the owners of such vessels shall think fit not to comply with it, in so doing they will be guilty of unseamanlike conduct, and their owners will be responsible for the consequences that may result from their disobedience to it." The rule was intended to apply, continued the learned Judge, not merely where a collision would be a matter of certainty if the helms were not ported, but wherever there would be a reasonable probability of it. The court accordingly gave judgment against the Duke of Sussex (a).

give way by

The schooner Perseverance, beating up the Steamer to Thames off the Nore in the night-time, and close- going astern hauled on the starboard tack, perceived the steamer of ship. James Watt approaching her down the Reach, and steaming at from eight to ten knots per hour. The schooner continued her course and hailed the steamer to starboard her helm so as to go astern of her; but the steamer ported her helm, which

(a) Duke of Sussex, 1 W. Rob. 275.