COLLISION.

It was said by Lord Stowell that there are four possibilities under which a collision may occur:—

1st. It may happen without blame being imputable to either party, as where the loss is occasioned by a storm, &c., or by inevitable accident which ordinary skill and caution could not have prevented. In that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree.

2nd. It may happen by the misconduct of the suffering party only, and then the rule is, that the sufferer must bear the whole loss himself.

3rd. It may have been the fault of the ship which ran the other down; and in this case the innocent party is entitled to entire compensation from the other.

Lastly. It may arise where both parties are to blame, where there has been a want of diligence or skill on both sides. In such a case, in the Court of Admiralty, the loss is apportioned equally between them. Until the Supreme Court of Judicature Act, 1873, this rule did not apply to the Common Law Courts, which held that if the party seeking redress is in anywise the author of his own wrong, he must bear the consequences to himself. However, by sec. 25, sub-sec. 9, of that Act, it is provided that, in ANY cause or proceeding for damages arising out of a collision between two ships, if both ships shall be found in fault, the Admiralty rule before mentioned shall apply.

If the plaintiff has been guilty of negligence which was only remotely connected with the accident, and not the direct cause of it, that fact will not relieve the defendant from his duty to use ordinary care, the want of which was the direct cause of the accident; and if such want of care was the cause of the accident, the plaintiff will be entitled to recover damages, although he may have been guilty of negligence in some collateral matter only remotely connected with

the accident.

A man is not at liberty to cast himself on an obstruction which has been made by the fault of another. He must use ordinary caution and diligence in taking care of himself; and if that diligence is wanting, he will be liable for the damages caused by his neglect.

If a collision is altogether accidental, and not the fault of either party, or if it is caused solely by the fault of the other ship, in these cases the loss is considered to be a peril of the sea, and the underwriters will be liable to make it good.

A ship doing damage is, by law, considered to be under the management and control of the servants of her registered owners, unless the contrary is shown. The party doing damage is liable to pay the whole cost of repairs without deducting one-third new for old; that deduction is only made when compensation for damage is made by underwriters.

It is the imperative duty of those in charge of ships to keep a good look-out, and particularly in thick weather, or in places where there are many dangers to be avoided; and the same remarks generally apply to the speed of a ship. The men who are entrusted with the navigation of a ship should know these duties and be able to perform them.

In every case of collision the master shall (under a penalty of £20), when practicable, immediately after the occurrence, cause a statement of the facts and circumstances to be entered in the official logbook (if any), and such entry shall be signed by the master and also by the mate or one of the crew.

By sec. 422 of the Merchant Shipping Act, 1894, it is made the duty (in case of collision) of the master or person in charge of each vessel, if possible, to assist the other vessel, having regard first to the safety of his own vessel, crew, or passengers, also to give the captain or person in charge of the other vessel the name of his own vessel and of the port to which she belongs, and also the particulars of the voyage she is making. If the master fails to do so without reasonable cause, the collision shall, in the absence of proof to the contrary, be deemed to be owing to his wrongful act, neglect, or

default, and he is guilty of a misdemeanour. An inquiry may be held into his conduct, and his certificate may be cancelled or suspended.

LIMITATION OF SHIPOWNER'S LIABILITY.

By sec. 633 of the Merchant Shipping Act, 1894, the master or owner are relieved from responsibility for all loss or damage caused by the fault or incapacity of any qualified pilot in charge of the ship within any district where the employment of such pilot is compulsory by law.

To relieve the shipowner from liability, the pilotage must not only be compulsory on the shipowner, but the pilot must have been solely to blame; if the damage was caused by the insufficiency of the ship or her equipments, or by the incompetence of the crew, or by their not obeying the pilot's orders, or if the crew were partly to blame, the shipowner will be liable although a pilot were on board. If the pilotage is not compulsory, the owner will be liable for all damage, even if it is caused by the fault of the pilot.

On the same principle the shipowner is not liable for damage caused by the fault of harbour-masters when the ship is bound to obey their directions, but the burthen of proving that the damage occurred from the pilot's or harbour-master's fault lies on the owner..

By sec. 503 of the Merchant Shipping Act, 1894, it is provided that. the liability of shipowners for damage occurring without their actual fault or privity, shall be limited to the following amounts:—

1. In respect of loss of life or personal injury, either alone or together with loss of or damage to vessels, goods, merchandise, or other things, an aggregate amount not exceeding £15 for each ton of their ship's tonnage; and

2. In respect of loss of, or damage to, vessels, goods, merchandise, or other things, whether there be in addition loss of life or personal injury or not, an aggregate amount not exceeding £8 for each ton of their ship's tonnage.

In the case of sailing ships, the amount is to be calculated on the register tonnage, and in the case of steam-vessels on the gross tonnage without deduction on account of engine room.

If several losses occur at one time, the shipowner only incurs one total liability, restricted to the above amount, but if two losses occur on distinct occasions, the shipowner is liable to the above extent for each occasion.

If one claimant sues and obtains a judgment before the others commence their suit, he thereby secures priority over the other claimants. On application by the owner, the superior Courts have power to consolidate the several claims into one, where there is more than one claimant, and to distribute the amount awarded rateably among them.

See Addenda.

THE RULE OF THE ROAD AT SEA.

The following is a copy of the rules issued by the Admiralty and the Board of Trade, under sec. 418 of the Merchant Shipping Act, 1894. These rules, originally enacted by the Merchant Shipping Act of 1862, have been amended by various Orders in Council, and are now accepted by nearly all maritime nations.*

It may sometimes be necessary, under very special circumstances, to depart from these rules in cases of immediate danger; for instance, if the vessels are so close that a collision cannot possibly be prevented, then in order to ease the blow, it is allowable at the last moment to alter the helm, or if the ship would run ashore by altering her helm, then she is not bound to do so.

* Recently, proposals have been made to complicate the use of these Rules by the institution of a confusing system of Sound Signals, formulated at the International Maritime Conference held at Washington in 1889, and this has met with strenuous opposition from the British shipping interests. These proposed Rules have not yet come into force, and will probably be discarded.

Cynics say that collisions are often owing to the rules for preventing them, and that any fresh rule introduced only increases the number. There is a solid substratum of truth in this. Is it not time that masters, officers, and seamen, had some voice in the appointment of fit and practical persons on Government Committees for the consideration of practical matters connected with their profession, and the safety of their lives at sea

Whenever the helm is to be altered, everything else must be done to the sails, &c., which is necessary to make the ship answer her helm.

A vessel under steam is bound always to give way to a sailing vessel.

It has been held that steam ships when engaged in towing other vessels are not to be subject to the rules so strictly as steam ships which are going free.

REGULATIONS FOR PREVENTING COLLISIONS AT SEA.*

Art. 1. Preliminary.-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.

Art. 2. The lights mentioned in the following Articles, numbered 3, 4, 5, 6, 7, 8, 9, 10, and 11, and no others, shall be carried in all weathers, from sunset to sunrise.

Art. 3. Lights for Steam Ships.—A seagoing steam ship, when under weigh, shall carry :

(a.) On or in front of the foremast, at a height above the hull of not less than 20 feet, and if the breadth of the ship exceeds 20 feet, then at a height above the hull not less than such breadth, a bright white light, so constructed 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 2 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.

* These rules are binding on all British vessels, and all foreign vessels navigating in British waters, and also on all foreign vessels belonging to States which have adopted the rules, in whatever waters they may be sailing. The rules have now been adopted by the following countries:-Austro-Hungary, Belgium, Brazil, Chili, Cochin, Denmark, Ecuador, France, Great Britain, German Empire, Greece, Hawaii, Italy, Japan, Katiawar, Khelat, Kutch, Muscat, The Netherlands, Norway, Portugal, Russia, Spain, Sweden, Travancore, Turkey, United States, and Zanzibar.