tinguish them from other steam ships. Each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steam ships are required to carry.

Art. 5. Sailing ships under weigh or being towed shall carry the same lights as steam ships under weigh, with the exception of the white masthead lights, which they shall never carry.

Art. 6. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck on their respective sides of the vessel ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, they shall each be painted outside with the colour of the light they respectively contain, and shall be provided with suitable screens.

Art. 7. Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall between sunrise and sunset exhibit, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear uniform and unbroken light visible all round the horizon, and at a distance of at least one mile.

Art. 8. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a white light at the mast-head visible all round the horizon, and shall also exhibit a flare-up light every fifteen

minutes.

Art. 9. Open fishing boats and other open boats shall not be required to carry side lights required for other vessels; but shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side; and on the approach of or to other vessels such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side.

Fishing vessels and open boats when at anchor or attached to their nets and stationary shall exhibit a bright white light.

Fishing vessels and open boats shall, however, not be prevented from using a flare-up in addition if considered expedient.

Rules concerning Fog Signals.

Art. 10. Whenever there is fog, whether by day or night, the fog signals described below shall be carried and used, and shall be sounded at least every five minutes; viz.

(a.) Steam ships under weigh shall use a steam whistle placed before the funnel not less than eight feet from the deck.

(b.) Sailing ships under weigh shall use a fog horn.

(c.) Steam ships and sailing ships when not under weigh shall use a bell.

Steering and Sailing Rules.

Art. 11. If two sailing ships are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.

Art. 12. When two sailing ships are crossing so as to involve risk of collision, then if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the

starboard side, except in the case in which the ship with the wind on the port side is close hauled and the other ship free, in which case the latter ship shall keep out of the way; but if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward.

Art. 13. If two ships under steam are meeting end on, on nearly end on, so as to involve risk of collision, the helms of both shall be put to port so that each may pass on the port side of the other.

Art. 14. If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.

Art. 15. If two ships, one of which is a sailing ship and the other a steam ship, are proceeding in such directions as to involve risk of collision, the steam ship shall keep out of the way of the sailing ship.

Art. 16. Every steam ship when approaching another ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steam ship shall, when in a fog, go at a moderate speed.

Art. 17. Every vessel overtaking any other vessel shall keep out of the way of the said last-mentioned vessel.

Art. 18. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications contained in the following article.

Art. 19. In obeying and construing these rules due regard must be had to all dangers of navigation; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.

Art. 20. Nothing in these rules shall exonerate any ship or the owner or master or crew thereof from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case.

26 VICT. c. 24.

An Act to facilitate the Appointment of Vice Admirals and of Officers in Vice Admiralty Courts in her Majesty's Possessions abroad, and to confirm the past Proceedings, to extend the Jurisdiction, and to amend the Practice of those Courts.

[8th June, 1863.]

WHEREAS it is expedient to facilitate the appointment of vice admirals and of officers in Vice Admiralty Courts in her Majesty's possessions abroad, and to confirm the past proceedings, to extend the jurisdiction, and to amend the practice of those Courts: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:

1. This act may be cited for all purposes as the "Vice Admiralty Courts Short title. Act, 1863."

Interpretation of

terms.

Appointment of vice admiral.

Appointment of judge.

Appointment of registrar and marshal.

Names of appointees, &c. to

be notified to the home government.

Saving the

powers of the admiralty.

Past proceedings contrined.

2. In the interpretation and for the purposes of this act (if not inconsistent with the context or subject matter) the following terms shall have the respective meanings hereinafter assigned to them; that is to say, "Her Majesty" shall mean her Majesty, her heirs and successors: The "Admiralty" shall mean the lord high admiral or the commissioners for executing his office:

"British possession" shall mean any colony, plantation, settlement, island or territory being a part of her Majesty's dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland, or of her Majesty's possessions in India:

"Governor" shall mean the officer for the time being lawfully adminis-
tering the government of any British possession:

"Vice Admiralty Court" shall mean any of the existing Vice Admiralty
Courts enumerated in the schedule marked (A.) hereto annexed, or any
Vice Admiralty Court which shall hereafter be established in any
British possession:

Ship" shall include every description of vessel used in navigation not propelled by oars only, whether British or foreign:

"Cause" shall include any cause, suit, action or other proceeding instituted in any Vice Admiralty Court.

3. In any British possession, where the office of vice admiral is now or shall at any time hereafter become vacant, the governor of such possession shall be ex officio vice admiral thereof, until a notification is received in the possession that a formal appointment to that office has been made by the admiralty in the manner hereinafter mentioned.

4. In any British possession, where the office of judge of a Vice Admiralty Court is now or shall at any time hereafter become vacant, the chief justice, or the principal judicial officer of such possession, or the person for the time being lawfully authorized to act as such, shall be ex officio judge of the Vice Admiralty Court, until a notification is received in the possession that a formal appointment to that office has been made by the admiralty in the manner hereinafter mentioned.

5. In any British possession, where the office of registrar or marshal of any Vice Admiralty Court is now or shall at any time hereafter become vacant, the judge of the Court may, with the approval of the governor, appoint some person to the vacant office, until a notification is received in the possession that a formal appointment thereto has been made by the admiralty in the manner hereinafter mentioned, and may, for good and reasonable cause, to be approved by the governor, remove the person so appointed. The judge may also appoint some person to act as registrar or marshal during the temporary absence of either of those officers.

6. On any vacancy in the office of judge, registrar or marshal of any Vice Admiralty Court, the governor of the British possession in which the Court is established shall, as soon as is practicable, communicate to one of her Majesty's principal secretaries of state the fact of the vacancy, and the name of the person succeeding or appointed to the vacant office.

7. Nothing in this act contained shall be taken to affect the power of the admiralty to appoint any vice admiral, or any judge, registrar, marshal or other officer of any Vice Admiralty Court, as heretofore, by warrant from the admiralty, and by letters patent issued under seal of the High Court of Admiralty of England.

8. No act done by any person in the capacity of judge, registrar or marshal of any Vice Admiralty Court, which shall not have been set aside by any competent authority before the passing of this act, shall be held invalid

by reason that such person had not been duly appointed, but all such acts shall be as valid and effectual as if done by a person duly appointed.

officers.

9. No action, prosecution or other proceeding shall be brought against Protection of any such person by reason of the illegality or informality of any act hereby declared to be valid and effectual.

10. The matters in respect of which the Vice Admiralty Courts shall Jurisdiction of have jurisdiction are as follows:

(1.) Claims for seamen's wages:

(2.) Claims for master's wages, and for his disbursements on account of the ship:

(3.) Claims in respect of pilotage:

(4.) Claims in respect of salvage of any ship, or of life or goods there

from:

(5.) Claims in respect of towage :

(6.) Claims for damage done by any ship:

(7.) Claims in respect of bottomry or respondentia bonds:

(8.) Claims in respect of any mortgage where the ship has been sold by a decree of the Vice Admiralty Court, and the proceeds are under its control :

(9.) Claims between the owners of any ship registered in the possession in which the Court is established, touching the ownership, possession, employment or earnings of such ship:

(10.) Claims for necessaries supplied, in the possession in which the Court is established, to any ship of which no owner or part owner is domiciled within the possession at the time of the necessaries being supplied:

(11.) Claims in respect of the building, equipping, or repairing within any British possession of any ship of which no owner or part owner is domiciled within the possession at the time of the work being done.

11. The Vice Admiralty Courts shall also have jurisdiction-
(1.) In all cases of breach of the regulations and instructions relating to
her Majesty's navy at sea:

(2.) In all matters arising out of droits of admiralty.

12. Nothing contained in this act shall be construed to take away or restrict the jurisdiction conferred upon any Vice Admiralty Court by any act of parliament in respect of seizures for breach of the revenue, customs, trade or navigation laws, or of the laws relating to the abolition of the slave trade, or to the capture and destruction of pirates and piratical vessels, or any other jurisdiction now lawfully exercised by any such Court; or any jurisdiction now lawfully exercised by any other Court within her Majesty's dominions.

Vice Admiralty

Courts.

Jurisdiction of
Vice Admiralty
Courts.

Nothing to restrict existing jurisdictions.

limits of colony.

13. The jurisdiction of the Vice Admiralty Courts, except where it is As to matters expressly confined by this act to matters arising within the possession in arising beyond which the Court is established, may be exercised, whether the cause or right of action has arisen within or beyond the limits of such possession.

blish and alter

14. Her Majesty may, by order in council, from time to time establish Her Majesty emrules touching the practice to be observed in the Vice Admiralty Courts, as powered to esta also tables of the fees to be taken by the officers and practitioners thereof for rules and tables all acts to be done therein, and may repeal and alter the existing and all of fees. future rules and tables of fees, and establish new rules and tables of fees in addition thereto, or in lieu thereof.

15. A copy of any rules or tables of fees which may at any time be Rules and tables

of fees to be laid

before the House established shall be laid before the House of Commons within three months of Commons.

To be entered in

from the establishing thereof, or if parliament shall not be then sitting, or if the session shall terminate within one month from that date, then within one month after the commencement of the next session.

16. The rules and tables of fees in force in any Vice Admiralty Court the records of the shall, as soon as possible after they have been received in the British pos

Courts.

To be hung up in
Court, &c.

Established fees to be the only fees taken.

Taxation may be
revised by the
High Court of
Admiralty.

Registrar may

session in which the Court is established, be entered by the registrar in the public books or records of the Court, and the books or records in which they are so entered shall at all reasonable times be open to the inspection of the practitioners and suitors in the Court.

17. A copy of the rules and tables of fees in force in any Vice Admiralty Court shall be kept constantly hung up in some conspicuous place as well in the Court as in the office of the registrar.

18. The fees established for any Vice Admiralty Court shall, after the date fixed for them to come into operation, be the only fees which shall be taken by the officers and practitioners of the Court.

19. Any person who shall feel himself aggrieved by the charges of any of the practitioners in any Vice Admiralty Court, or by the taxation thereof by the officers of the Court, may apply to the High Court of Admiralty of England to have the charges taxed, or the taxation thereof revised.

20. The registrar of any Vice Admiralty Court shall have power to adadminister oaths. minister oaths in relation to any matter depending in the Court; and any person who shall wilfully swear falsely in any proceeding before the registrar, or before any other person authorized to administer oaths in the Court, shall be deemed guilty of perjury, and shall be liable to all the penalties attaching to wilful and corrupt perjury.

As to the hearing of cross causes.

No appeal save from final sentence or order.

Appeal to be made within six months.

Acts repealed.
Saving rules

21. If a cause of damage by collision be instituted in any Vice Admiralty Court, and the defendant institute a cross cause in respect of the same collision, the judge may, on application of either party, direct both causes to be heard at the same time and on the same evidence; and if the ship of the defendant in one of the causes has been arrested, or security given by him to answer judgment, but the ship of the defendant in the other cause cannot be arrested, and security has not been given to answer judgment therein, the Court may, if it think fit, suspend the proceedings in the former cause until security has been given to answer judgment in the latter

cause.

22. The appeal from a decree or order of a Vice Admiralty Court lies to her Majesty in council; but no appeal shall be allowed, save by permission of the judge, from any decree or order not having the force or effect of a definitive sentence or final order.

23. The time for appealing from any decree or order of a Vice Admiralty Court shall, notwithstanding any existing enactment to the contrary, be limited to six months from the date of the decree or order appealed from ; and no appeal shall be allowed where the petition of appeal to her Majesty shall not have been lodged in the registry of the High Court of Admiralty and of Appeals within that time, unless her Majesty in council shall, on the report and recommendation of the judicial committee of the privy council, be pleased to allow the appeal to be prosecuted, notwithstanding that the petition of appeal has not been lodged within the time prescribed.

24. The acts enumerated in the schedule hereto annexed marked (B.) are hereby repealed, to the extent therein mentioned, but the repeal thereof