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All sea-going steam-vessels, whether propelled by paddle or screws, when their steam is up, and when under way, shall in all cases of fog use as a fog signal a steam whistle, placed before the funnel at not less than 8 feet from the deck, which shall be sounded once at least every 5 minutes; but when the steam is not up, they shall use a fog horn or bell, as ordered
for sailing-ships. Sailing Vessels.
Sailing-Vessels. We hereby require that all sailing. 1. All sea-gving sailing-vessels, vessels, when under sail, or being | when under way, or being towed, towed, approaching or being ap shall, between sunset and sunrise, proached by any other vessel, shall exhibit a green light on the starboard be bound to show between sunset and side, and a red light on the port side sunrise a bright light in such a posi of the vessel ; and such lights shall tion as can be best seen by such be so constructed as to be visible on a vessel or vessels, and in sufficient dark night, with a clear atmosphere, time to avoid collision.
at a distance of at least 2 miles, and shall show an uniform and unbroken light over an arc of the horizon of 10 points of the compass, from right ahead to 2 points abaft the beam on the starboard and on the port sides respectively.
2. The coloured lights shall be | fixed, whenever it is practicable so to
REGULATIONS of 1852, which remain in force until 30th of
NEW REGULATIONS, which come into force on the 1st of SAILING October, 1858.
exhibit them; and shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent the lights being seen across the bow.
3. When the coloured lights cannot be fixed (as in the case of small vessels in bad weather) they shall be kept on deck between sunset and sunrise, and on their proper sides of the vessel, ready for instant exhibition, and shall be exhibited in such a manner as can be best seen on the approach of or to any other vessel or vessels in sufficient time to avoid collision, and so that the green light shall not be seen on the port side, nor the red light on the starboard side.
FoG SIGNALS. All sea-going sailing-vessels, when Fog under way, shall in all cases of fog, Signals. use when on the starboard tack a fog horn, and when on the port tack shall ring a bell. These signals shall be sounded once at least every 5 minutes.
SAILING PILOT-VESSELS are to carry only a white light at the masthead, and are to exhibit a flare-up light every 15 minutes, in accordance with Trinity House regulation.
All sailing-vessels at anchor in roadsteads or fairways, shall be also bound to exhibit between sunset and
VESSELS AT ANCHOR. All sea-going vessels, when at an- ATANCHOR. chor in roadsteads or fairways, shall between sunset and sunrise exhibit
REGULATIONS of 1852, which remain in force until the 30th
of September, 1858.
NEW REGULATIONS, which come into force on the 1st of
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 all round the horizon at a distance of at least one mile.
ATANCHOR. sunrise a constant bright light at the
masthead, except within harbours, or other places where Regulations for other lights for ships are legally established.
The lantern to be used when at anchor, both by steam-vessels and sailing-vessels, is to be so constructed as to show a clear good light all round the horizon.
We hereby revoke all Regulations heretofore made by us relating to steam-vessels exhibiting or carrying lights, and we require that the preceding Regulations be strictly carried into effect on and after the 1st of August, 1852.
Given under our bands the 1st day of May, 1852.
Given under our hands this 24th day of February, 1858.
R. S. DUNDAS.
By command of their Lordships,
W. A. B. HAMILTON.
The Diagrams in illustration of the New Regulations will be found, ante, p. Xt; and of those of 1852 in p. 72 of the Author's former work.
· THE OBJECT of the New Regulations is, as has been before stated, to enjoin the use of coloured lights by sailing-vessels, and that of fog-signals generally.
All vessels are divided into the two classes of sailingvessels and steamers,--steam-vessels when not under steam being ranked in the former class, and subject to the same regulations as sailing-vessels.
All vessels in motion must be provided with coloured lamps, one of a green colour on the starboard side; another red on the port side. These, in the case of steamers, are fixed, and in the case of sailing-vessels are required to be so, when practicable.
Steamers when under steam will be distinguished by carrying a bright white light at the foremast head.
IN THE CASE of the Telegraph', which was appealed to 1 Sp. 427. the Judicial Committee, that Court observed,—That with respect to the expression “masthead,” they were clearly of opinion it meant at the very top.
IN THE NEW REGULATIONS it will be observed that the more general wording of “all sea-going steam-vessels” has been adopted, instead of the former “all British sea-going steam-vessels ;” but in the case of the Zollverein”, which 2 W. R.
231. was one of collision between a British and foreign vessel, it was held after long argument and much deliberation, that words equally ample, “any ship, whether steam or sailing ship,” in the 296th section of the Merchant Ship- 17 & 18
Vict.c. 104. ping Act, would only apply to British ships, and were not applicable to any case in which a foreigner was a party, and this opinion of the Court has been subsequently repeated in several cases; thus in that of the Herefordshire, the Court, addressing the Trinity Masters,
2 P. 69.
3 P. 65. .
by whom it was assisted, observed, “ It is needless for me to state to you that the parties in this case are to be governed by the ordinary maritime rule of the sea, because one of the parties in the case, the party suing, being a Hanoverian, it results from that circumstance that you are not entitled to apply to him, the British Act of Parliament, or any of the rules of the Admiralty, or any of the ordinances which constitute our naval code.”
These cases are left to be decided by the Old Maritime Law.
Nor are these Regulations applicable to cases of collision between British vessels in foreign ports.
In the case of the Grimsby, in which that vessel, an English steamer, had run down the English brig Anemone, in Elsinore roads, the Court observed : “As a general principle, it is quite clear that no British statute applies to a country under foreign jurisdiction, except there are words so expressed in that statute as necessarily to bring it under that Act. It is quite true that the British legislature have power to exercise jurisdiction all over the world, but it is very seldom that that jurisdiction is exercised, and only under special circumstances. Looking at the Act of Parliament, it apprehended it was never intended to apply to British ships lying in a foreign port. It was intended to apply to ships lying in our harbours, and to ships in roadsteads and fairways, except within those harbours and places where there are different regulations as to lights being hoisted at night. That being so, it was of opinion the case was out of the Act of Parliament.”
Where, however, the enactments of an Act of Parlia