technicalities of pleading or procedure and without unnecessary delay.

No rules shall take effect unless and until approved by one of Her Majesty's Principal Secretaries of State.

A copy of the rules for the time being in force shall be exhibited in some conspicuous place in each Consular Court and Consulate in the Ottoman dominions. Printed copies shall be provided and sold at such reasonable price as the judge of the Supreme Consular Court shall from time to time direct.

No penalty shall be enforced in any court for the breach of any rule until the rule has been so exhibited in the court for one month.

For the purpose of convicting any person committing a breach of any rule, and for all other purposes of law, a printed copy of the rule, purporting to be certified under the hand of the judge of the Supreme Consular Court, and the seal of the court, or under the hand and Consular seal of one of Her Majesty's Consular Officers, shall be taken as conclusive evidence of the same, and no proof of the handwriting or seal purporting to certify the same, shall be required.

XIV.-Miscellaneous Provisions.

76. In every case, civil or criminal, heard in a Consular Court, proper minutes of the proceedings shall be drawn up, and shall be signed by the judge or Consular Officer before whom the proceedings are taken, and sealed with the seal of the court, and shall, where assessors are present, be open for their inspection and for their signature, if concurred in by them.

The minutes, with depositions of witnesses and notes of evidence taken at the trial by the judge or Consular Officer, shall be preserved in the public office of the court.

77. In a civil case a Consular Court may order such costs, or costs, charges, and expenses as to the court seem reasonable, to be paid by any party to the proceeding, or out of any fund to which the proceeding relates.

78. A Consular Court, either of its own motion, or in civil cases, on the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in the Ottoman dominions, but so that a Provincial Consular Court shall have power so to summon British subjects in its own district only.

Any British subject, duly served with such a summons, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly, and not excusing his failure to the satisfaction of the court, shall, over and above any other liability to which he may be subject, be liable to a fine of not more

than 1001. sterling, or to imprisonment for not more than one month, in the discretion of the court.

79. In civil cases a Consular Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties, or any of them.

80. Any person appearing before a Consular Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in such form or with such ceremony as he may declare to be binding on his conscience.

81. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall be liable to the penalties attaching to wilful and corrupt perjury.

82. All costs and all charges and expenses of witnesses, prosecutions, punishments, and deportations, and other charges and expenses, and all fees, fines, forfeitures, and pecuniary penalties payable under this Order, may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat the provisions of this Order.

83. All fees, fines, forfeitures, and pecuniary penalties levied under this Order shall be carried to the public account, and be applied in diminution of the public expenditure on account of Her Majesty's Consular service in the Ottoman dominions.

84. A copy of this Order shall be exhibited in each Consular Court and Consulate in the Ottoman dominions. Printed copies shall be provided and sold at such reasonable price as the judge of the Supreme Consular Court shall direct.

85. Any suit or proceeding shall not be commenced in a Consular Court against any person for anything done or omitted under this Order, or any rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within 3 months next after the act or omission complained of, or in case of a continuation of damage within 3 months next after the doing of such damage has ceased.

The plaintiff in any such suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made the defendant may by leave of the court at any time pay into court such sum of money as he may think fit, whereupon such proceeding and order shall be had and made in and by the court as may be had and made on the payment of money into court in an ordinary suit.

838

XV-Joint Jurisdiction.

56. In any case in the decision of which, under the Capita Articles of Peace, and Treaties with the Sublime Oroza Pizz any of Her Majesty's Consuis may or ought to concur, the judge i the Supreme Consular Court or a Consular Officer exercising jars diction under this Order shall exclusively act on the part behalf of Her Majesty.

And the Right Honourable the Ear! Russell and the Most Noble the Duke of Newcastle, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

EDMUND HARRISON.

BRITISH ORDER IN COUNCIL, for preventing Collisions
at Sea.*-Osborne, January 9, 1863.

At the Court at Osborne House, Isle of Wight, the 9th day of
January, 1863.
PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS the rules and practice observed for preventing collislons 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 in consequence of communications from the Government of the Emperor of the French inviting Her Majesty's Government to consider the expediency of making the said rules uniform and international, Her Majesty's Government prepared a project of regulations for preventing collisions at sea and submitted it to the Government of the Emperor of the French; and the project so prepared by Her Majesty's Government was approved by the Government of the Emperor of the French with certain modifica tions, which were assented to by Her Majesty's Government; and whereas the said regulations so modified have been sanctioned by the "Merchant Shipping Act Amendment Act, 1862," [cap. 63] and are contained in Table C in the schedule to that Act: and

"London Gazette" of January 13, 1863.

whereas by the said Act it is provided that Her Majesty may from time to time on the joint recommendation of the Admiralty and the Board of Trade by Order in Council modify any of the said regulations or make new regulations in substitution therefor: and whereas certain clerical errors have been discovered in the regulations contained in the schedule to the said Act, and the Admiralty and the Board of Trade have jointly recommended Her Majesty to modify the said regulations for the purpose of correcting the said clerical errors; and the regulations so modified are appended to this Order: and whereas by virtue of the said Act and of this Order the said regulations appended hereto will, so far as relates to British ships and also so far as relates to foreign ships when within British jurisdiction, come 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 regulation, 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 Government of the Emperor of the French is willing that the said regulations appended to this Order should on and after the 1st day of June, 1863, apply to French ships 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 of Her Privy Council, is pleased to direct:

First, That the regulations contained in the schedule to the said Act shall be modified by the substitution for such regulations of the regulations appended to this Order.

Secondly, That the said regulations appended to this Order shall on and after the said 1st day of June, 1863, apply to French ships 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, IV, 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 two 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 two 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 are of the horizon of 10 points