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Cardiff for Rio de Janeiro, and the captain signed the bills of lading, but in doing so he did not specifically state whether as the agent for the charterers or owners. He was afterwards persuaded by the charterers to proceed to Buenos Ayres, and there gave possession of the cargo to the charterers' representative without previously demanding the production of the bills of lading; the coal was at once sold by the charterers, who shortly after stopped payment. The bills of lading had really been endorsed to the above Trust as security for a large advance, which was to be repaid on the delivery of the coal at Rio, and Furness and Company were held liable to the Trust for the loss incurred owing to the captain's folly. The only remedy of Furness and Company would be against the charterers, who had stopped payment.

Page 11.-In cases where the charter party specifies that the ship is to load always afloat, both charterers and owners should take care, in case of the harbour or dock being a tidal one, that due allowance be made in the terms thereof, to avoid claims for demurrage, &c., should the vessel have to leave, before completing a full cargo, owing to the fall in the water-level. In the case of the steamer Carlton, whose charter contained this proviso, and which had to leave Maryport with only one-fifth of her cargo on board, owing to the fall in the water-level, returning a week later to complete, the House of Lords, in 1898, affirmed the decision of the Court of Appeal, that no lay-days having been mentioned in the charter, and seeing that both owners and charterers had equal opportunities of ascertaining the capabilities of the harbour, the loading was performed in a reasonable time, and therefore the owners' claim for demurrage, &c., would not stand.

If a vessel is to be loaded at any particular berth, the owner must then be careful as to the terms of the charter party. In the case of Stanley and Company v. Owners of the Lionel, the vessel was chartered to proceed to the Corporation Quay at North Shields, and there load a cargo, which was to be put on board by the charterers. On arrival, access to the quay was refused by the Corporation, as the quay was at that time all reserved for the sole use of the

fleet. The charterers thereupon chartered another vessel, and owners of the Lionel for expenses incurred. The President of the Admiralty Division held the Owners liable, as there was no joint disability pr preventing the parties from carrying out their contract. The disability was upon the Owners alone, by the refusal of access to the quay, there being no objection as to loading.

Page 27.-LOADING.-Ballast.-In case of casualty, owing to improper substances being used as ballast, the captain's certificate is liable to be suspended by a Court of Inquiry.

Page 40.-Employment of Steam-tugs.-The vessel towed and the tug are generally considered to be in the relation of master and servant, the captain or pilot of the vessel towed being in a great degree answerable for safe and cautious navigation; and it must be remembered that, in the Rules for Avoiding Collisions, the tug and vessel towed are considered as one steamship. Care should be exercised to keep in the tug's wake so far as possible; but, in case of the tug running a risk of collision with another vessel, the vessel towed must manœuvre to assist the tug in avoiding it.

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&Gaipsons Page 42.-PILOTAGE.-By the Merchant Shipping (Exemption from Pilotage) Act, 1897, (60 and 61 Vict., ch. 61), it was enacted that exemption from compulsory pilotage, under sec. 603 of the Merchant Shipping Act, should cease to operate in the case of vessels on voyages between any port in Sweden or Norway and the port of London.

In 1897, the House of Lords, in the case of the Edenbridge, which had arrived from the River Plate, and discharged part of her cargo in the Thames, afterwards proceeding to Rotterdam, decided that in the latter voyage she came under sub-sec. 3 of sec. 625 of the Merchant Shipping Act, 1894, and was exempt from compulsory pilotage.

Page 52.-SALVAGE.-The awards in some recent cases of actions for salvage of vessels in distress, under very hazardous conditions in mid-ocean, &c., appear to show that proper consideration is not shown for the meritorious services rendered by captains, engineers, and officers, under the great responsibility, both moral and legal, in which they are placed, as apart from the services rendered by the vessels. It is surely to the interests of owners and underwriters that this should be remedied, by awarding the actual salvors a more substantial share of the sum paid as salvage.

ovouth this, it may be mentioned that the Courts have held

In connection

that the captain is entitled to retain money given him by merchants as gratuities for extra diligence in the performance of his duties.

bargaumspect w

Ship Ashore, or Broken Down.-A captain placed in either of these unfortunate positions will need the greatest in engaging the assistance of tugs, &c. If possible, a should first be made with tugs and salvors, depending upon results, or the "no cure no pay" principle, limiting the period, or arranging the agreement, so that additional assistance may be independently obtained, if necessary; having due regard to the dangers of delay, and the fact that underwriters rarely dispute reasonable expenses incurred in such cases. The Committee of Lloyd's have recently arranged to act as arbitrators in salvage affairs, and with marked success to all parties concerned; so that if no satisfactory arrangement can be speedily arrived at, the captain should endeavour to get the would-be salvors to agree that the remuneration for services rendered shall be left to their decision.

In 1894, some watermen and fishermen found a gas-lighted buoy or float www.adrift in the Humber, and, having secured it, claimed salvage from the owners, the Trinity House, Hull. The County Court Judge and the Admiralty Court both declared in favour of the watermen, but the Court of Appeal reversed these decisions, on the ground that a buoy is entirely different from a vessel or ship, and not a fit subject for salvage claims, and this judgment was confirmed by the House of Lords, May 24, 1897, it being held that buoys are left unguarded, and easily set adrift; and thus the hope of earning reward, by the restoration of lost property, is not, perhaps, the best preservative against loss.

Page 53.-Derelicts.-By an Act passed in 1896 (see Addenda for page 331), the captain of a British ship must report the existence of any floating derelict vessel he may know of to Lloyd's.

Page 55.-"SAFE PORT," in charter parties where a vessel is to discharge all her cargo at one port, means a port where the vessel can proceed and lie afloat with full cargo. The Antofagasta was chartered to carry a cargo of grain to Gloucester, and on arrival at Sharpness the captain discharged all the cargo there, as his vessel was drawing 18 feet, and the canal to Gloucester had only about 14 feet water in it. The charterers desired the captain to discharge sufficient cargo at Sharpness to enable the vessel to bring the remainder to Gloucester, but he refused. They, therefore, brought an action to recover the cost of conveying the remainder, but, on appeal from the County Court decision, it was held that, under the charter, Gloucester was not a "safe port."

Page 55.-PASSENGERS.-The owner or captain can exercise his dis.
cretion in refusing to accept as passengers persons who may be suffering
from contagious disease, or whose behaviour threatens t
to render them a
nuisance to their fellow passengers, or a danger to discipline. In case of
failure to pay his fare, the captain may detain the passenger's luggage and
general property on the ship, as security for the same, but not his person,
or clothes actually in use.

In a case of a dispute as to card
where the captain had placed
a passenger in confinement for resisting his orders, Baron Watson held that
read, playing,
"the captain has the absolute control over the passengers and crew. The
contract with the passenger is to carry, board, and lodge him, and the
passenger is to obey all the captain's reasonable orders in an emergency, v
even to work the ship, if necessary. If a passenger misconduct himself at
table, the captain may remove him, or may even imprison him for a short
time, if imprisonment be necessary for the enforcement of his lawful lowrives
Pommands. The rule of law is simple; the power of the captain is limited
to the necessity of the case.' In other cases, the Judges have laid it down
that persons on board a ship are necessarily subject to something like
despotic authority, but unnecessary harshness, undue restraint, or restraint flo
improperly continued, will expose a captain to the risk of an action for
damages.

As Mr. Travers Twiss remarks, the circumstances under which the captain may be called upon to exert his authority on board ship are so various, and the necessity for its unlimited exercise may be so peremptoryatay that whilst it would be undesirable to lay down an inflexible rule of severity,

it would be dangerous to fetter the captain's discretion in any case, by apprecise legislation The captain's authority should be exerted rather with

a view of preventing a repetition of the offence, than for punishment.
The comfort and safety of the other passengers will warrant him in inter-
fering to prevent a second offence, and imprisonment may be a necessary
Alternative where the offender cannot be put on shore.

Mr. J. H. Jackson, in an article in the "Nautical Magazine," November
1897, sums up the captain's
proper
method of procedure in restraining mis-
conduct of
courteous request, patience and renewed re-
and, at last, just so much restraint, and, if that

monstrance or

as:

be unavailing, just so much force, and no more, as the exigency may call for

Page 58.-LIMITATION of LIABILITY.-The meaning of sec. 503 of the Merchant Shipping Act is that the shipowner's liability is limited to £15per ton in case of loss of life or personal injury, and to £8 per ton in case of loss of, or damage to, vessels, goods, &c. In a case where there is both loss of life, or personal injury, and loss of, or damage to, vessels, &c., the owner's liability would be limited to £15 per ton, sufferers by loss of life, or personal injury, taking £7 per ton, and sharing pro rata with the sufferers in respect to loss of, or damage to, vessels, &c., in the remaining £8 per ton.

In case of damage caused in collision by Her Majesty's Ships, there is no legal claim against the Admiralty, even where such ships are clearly in the wrong. Any compensation granted would be only compassionate.

In cases where a vessel is chartered to the Government, and is under the control of a Government officer, the owner remains liable, and can sue or be sued. An owner could proceed against a Government officer personally, but not against the Government, unless the latter had assented to a binding clause in the charter,

Collision in Yacht Racing.-During a race on July 5, 1894, the yacht Satanita, owner Mr. A. D. Clarke, collided with and sank the yacht Valkyrie, owner Lord Dunraven. Under the rules of the Yacht Racing Association, the yacht in default was liable for "all damages," but Mr. Clarke claimed to have his liability limited to £8 per ton, under sec. 503 of the Merchant Shipping Act. On appeal to the House of Lords, the decision of the Court of Appeal was confirmed, that the liability could not be so limited, and that Mr. Clarke was liable for the full amount claimed, £7,500.

Pages 59-72.-RULE of the ROAD at SEA.-By Order in Council, November 27, 1896, new Regulations, founded on those proposed at the Washington International Conference, 1889-1890, came into operation July 1, 1897. In these Rules, the words steam vessel include any vessel propelled by machinery. A vessel is considered to be "under way " when not at anchor, made fast to the shore, or aground. Art. 13 (now 16) contains no definition of "moderate speed"; it is left for the Courts to decide.

By sec. 419 of the Merchant Shipping Act, 1894, vessels are held responsible in case of accident, where any of these Rules have been infringed. The Courts appear to decide cases by the Rules alone, without regard to the merits of the case, and disregarding the matter of negligence. Reckless and careless navigation make it impossible to frame Rules which will altogether avoid risk of collision.

The chief alterations and additions to the Articles (as previously numbered) are as follow:

Art. 3. In addition to the bright fore light, a similar bright light may be carried at least 15 feet below and in front of it, on the line of keel, the vertical distance to be less than the horizontal distance.

(e.)-By means of an Order in Council, dated February 8th, 1896, the sub-section (e) was rescinded, and the Board of Trade requirement as to an angle of 4° in the screening is no longer enforced. It is now required that the forward edge of the screen, or chock, should be in a line parallel to the keel with the inside edge of the wick or electric filament; and that the breadth of the wick or filament should not be more than 2 inches, nor less than 1 inch, as measured at right angles to the line of keel.

Art. 4. The bright lights not to be less than 6 feet apart. When towing more than one vessel, and the stern of the last vessel is over 600 feet from the stern of the tug, an additional bright light must be carried 6 feet above or below such lights, not less than 14 feet above the hull. The tug may also carry a small bright light aft, but this is not to be visible forward of the beam.

Art. 5. (a.) Instead of "three red lights," read "two red lights"; and instead of "three shapes," read "two black balls or shapes," carried vertically as required, where they can best be seen. Unless a steam ship, the red lights are to be carried where they can best be seen. (b.) The shapes to be carried vertically where they can best be seen. shapes to be at least 6 feet apart.

Art. 6. For "or being," read "and any vessel being."
Art. 7.

The lights and

Steam vessels of less than 40 tons, and other vessels of less than 20 tons, gross, including rowing boats, when under way, if they do not carry the lights required by Art. 8:-1. (a.) Steamers to carry the bright light not less than 9 feet above the gunwale, and (b.) green and red side-lights, or, in lieu thereof, a combined lantern not less than 3 feet below the bright light, showing similar green and red sectors. 2. Small steam vessels, such as ship's launches, may carry the bright light at a lower elevation than 9 feet. 3. The vessels under oars or sails to carry a combined green and red lantern, shown when necessary, as formerly. 4. Rowing boats to show a bright

lantern light, under similar circumstances.

Art. 8. A vessel under 150 feet in length, at anehor, to carry the bright light forward. If of 150 feet or over, to carry an additional similar light at or near the stern, not less than 15 feet lower than the forward light. A vessel aground in or near a fairway to carry similar lights, in addition to the red lights in Art. 5.

Art. 9. Pilot vessels, when near other vessels, to show their side-lights at short intervals.

Art. 10. In May, 1897, the Board of Trade appointed a Committee to report whether and what alterations were required in regard to the lights and signals to be carried and used by Fishing Vessels, when engaged in fishing. In their report, May, 1898, they recommended that the draft rules of the Rule of the Road Committee, 1892, should be adopted, with certain alterations. They have not yet been officially adopted, and may be summarised as follows:

(a.) Open boats, when fishing, to show an all-round white light.

(b.) Other boats and vessels, when fishing with drift-nets, to carry two white lights, visible at least 3 miles, where best seen, their vertical distance apart being between 6 and 15 ft., and the horizontal distance, in line with the keel, between 5 and 10 feet. The lower light to be nearest the end where the nets are attached.

(c.) Vessels, other than open boats, with lines out and attached, and not at anchor or stationary, to carry the same lights as a vessel with drift-nets. If shooting or towing lines, an all-round white light may be shown not over 4 ft. above the deck, in addition to the lights prescribed for a steam or sailing vessel under way.