COLLISION-continued.

4. REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1879..587.
by what Orders in Council in force, 587.

to what description of ships applicable, 587, 606, 607.

how far they apply in rivers, &c., in absence of local rules, 606,
n. (i).

do not apply, except by consent, to Queen's ships, 606.
steamship not under steam treated as sailing ship, 587.
steamship under sail and steam a steamship, 587.

Rules as to lights and fog signals, 588, 598, 606.

carriage of exceptional lights, when allowed, 588, n. (9), 606.
lights for vessel liable to quarantine, 588, n. (q).

no definition in rules of what is a "bright light,” 588, n. (s).
Art. 3. Lights for steamships under way, 588.

meaning of "under way," 589.

mast head light, 588.

side lights and side screens, 588, 589.

effect of deficiency in length of screens, 589, n. (t).

use of side lights in tempestuous weather, 589, n. (t).
use of relieving lights, 589, n. (t).

in what position side lights carried, 590.

distance at which lights visible, 590.

duty to obey article in time to avoid danger, 590, n. (b).

comparison between regulations of 1863 and 1879..589.

Art. 4. Lights for steamships towing, 590.

comparison, &c., 590.

Art. 5. Lights for telegraph ships and ships not under command,

590.

Art. 6. Lights for sailing ships, 591.

Art. 7. Side lights of small vessels, 591.

Art. 8. Lights for ships at anchor, 592.

comparison, &c., 592.

Art. 9. Lights for pilot vessels, 592.

comparison, &c., 592.

Art. 10. Lights for fishing vessels and open boats, 592.
lights under Sea Fisheries Act, 1868, superseded, 593.
lights carried by such vessels under Fisheries Act, 1843..595.
by British fishing boats under Fisheries Act of 1868..594.
by French fishing boats under Fisheries Act, 1877..594.
effect of Sea Fisheries Act, 1875..594.

of Fisheries Act, 1877..594.

of Order in Council of March, 1880..595.

lights for fishing boats as recently proposed, 595, n. (x).
existing state of law as to lights for fishing boats, 595.
temporary revival of regulations of 1863..596.
text of revived article, 596.

Art. 11. Lights for overtaken ships, 596.

comparison, &c., 596.

Art. 12. Sound signals for fog, &c., 596.

comparison, &c., 397.

special fog signals for Japanese and Turkish ships, 397.

Art. 13. Speed in fog, mist, or snow, 598.

meaning of "moderate speed," 598.

duty of vessel in fog to anchor if possible, 598.

Steering and sailing rules, 598, 606.

Art. 14. Rules for sailing ships approaching, 598.

comparison, &c., 599.

meaning of "risk of collision," 599.

obligation of keeping out of the way how discharged, 599.

COLLISION-continued.

4. REGULATIONS FOR PREVENTING COLLISIONS AT SEA-continued.
meaning of running free, 599.

of close hauled, 599.

Art. 15. Rules for steamships meeting, 600.

comparison, &c., 600.

meaning of "end on or nearly end on," 600.

Art. 16. For steamships crossing, 601.

what ships are "crossing ships," 601.

Art. 17. Duty of steamships to avoid collision with sailing ships,

601.

extent of duty of steamship under above rule, 601, n. (q).
Art. 18. Duty of steamship to slacken, stop, and reverse, 602.
observations on above rule, 602.

Art. 19. Optional steam whistle signals, 602.

Art. 20. Obligation on overtaking ship to keep out of the way, 603.
comparisons, &c., 603.

Art. 21. Rule of navigation in narrow channels, 603.

similar repealed provisions of M. S. Act, 1854..603.
cases decided on such repealed provisions, 603, n. (y).
meaning of " narrow channel,” 603, n. (y).

Art. 22. What ships to keep their course, 604.

in what cases above rule not applicable, 604.
meaning of "keep her course," 604, n. (z).

Art. 23. Dangers of navigation, and circumstances regarded, 604.
application of above rule, 604, 604, n. (d).

burden of proof that rule does not apply, 604.

duty of vessels not to recklessly adhere to rules, 605, 605, n. (9).
Art. 24. Precautions required of seamen not disregarded, 605.
object of this Article, 605.

Art. 25. Local harbour, river, &c. rules not superseded, 605.
effect of this Article, 606.

what rules apply where no local regulations, 606, n. (i).

effect of custom in rendering rules locally binding, 606, n. (i).
Art. 26. Saving for station lights for war-ships and ships under
convoy, 606.

5. INSPECTION OF SHIPS' LIGHTS AND FOG SIGNALS, 39, 607.
certificate of inspection, 39, 607.

obedience to inspection, how enforced, 39, 607.

appeal from refusal of certificate of inspection, 39, 607, n. (1).

6. REGULATIONS FOR PREVENTING COLLISIONS IN THE MERSEY SEA
CHANNELS, 607, 608.

rule of navigation in such channels, 607.

lights for ships at anchor, 607, 608.

effect of infringement of above rules, 608, n. (o).

7. REGULATIONS AS TO DOCKYARD PORTS, 608.

effect of such regulations, 608.

definition of dockyard port, 608, n. (p).

8. RULES AS TO LIGHTS AND SIGNALS IN HARBOURS, RIVERS, AND
INLAND NAVIGATIONS, 609, 611.

under local acts, 609.

under Orders in Council, 609.

regulations for the navigation of the River Thames, 609.

abstract of contents of such regulations, 610, 610, notes.
penalty for infringement, 610, n. (w).

special lights for barges, 610, n. (x).

COLLISION-continued.

8. RULES AS TO LIGHTS AND SIGNALS IN HARBOURS, ETC.-continued.
regulations for navigation of the Rivers Tyne and Tees, 610.
of the River Mersey, 611.

of the Bridgwater Navigation, 610, n. (c).

of the Mersey and Irwell Navigation, 610, n. (c).

9. PRECAUTIONS REQUIRED BY ORDINARY PRACTICE OF SEAMEN,
seamenship and sufficient force of crew, 611, 612.

proper look-out, 611.

speed, 598, 611.

anchor watch and tending ship at anchor, 611, 612.
sufficient distance between vessels at anchor, 612, n. (1).

duty to avoid vessels at anchor, 611.

vessels launched, 612, 612, n. (m).

as to "beating out tacks," 612.

as to adhering to proper manœuvres, 612.

II. Liability in respect of Collision.

liability of shipowners and charterers, 612, 613, 614, n. (8).
where damage occasioned by anchors not holding, 612, n. (1).
where charterer pro hâc vice owner, 613, 613, n. (s).
where vessel under government charter, 613, 613, n. (s).
whether both shipowners and charterers liable, 613, n. (s).
evidence of liability, 613, 614.

liability of masters, 614, 614, n. (z).

liability when vessel in tow of steam-tugs, 614.

liability of officers of Queen's ships, 614.

non-application of maxim of respondeat superior, 614, n. (c).

liability for injuries caused by obstructions in rivers, &c., 615, 616.
when owner of sunken vessel liable, 615, 616.

when owners of navigation, on whom duty cast by law, 616, 617.

as to public nuisances in navigable river, 617.

where trustees of navigable river unpaid, &c., 617, n. (m).

liability where loss of life or personal injury, 617.

restrictions on instituting action, 617, 618.

liability of owners where compulsory pilot employed, 282-287,

618.

where orders of dock-master obeyed, 618, n. (r).
liability for damage caused to certain harbours, docks or piers, 618.
for damage caused to light vessels, 618, n. (8).

III. Remedies and Procedure where Damage by Collision.

1. GENERALLY,

inquiry by order of Board of Trade where loss of life, 83, 617, 618.
such inquiries seldom or ever held, 83, n. (h).

no other proceedings unless inquiry held or refused, 617, 618.
evidence of refusal to hold such inquiry, 618, n. (g).

maritime lien conferred in respect of damage done, 86, 619.

how, and against what, such lien is enforceable, 619, 619, n. (y).
over what claims such lien has precedence, 619, nn. (t), (u).
ranking of claimants for damage inter sese, 619, n. (t).

relation back of maritime lien, 619.

such lien available against purchaser for value, 619.

remedy for collision by action in rem, 619.

in what cases costs and damages recoverable, 619.

by action in personam, 620.

resort to, where plaintiff not satisfied after action in rem,
619, n. (a).

effect in Court of Admiralty of Common Law judgments, 620, n. (a).

COLLISION-continued.

2. JURISDICTION OF COURTS IN CASES OF COLLISION CONFERRED,
power to arrest foreign ships under M. S. Acts, 620, 621.
proceedings thereon, 620, 621, 621, n. (d).

in Admiralty Division, 621, n. (e).
jurisdiction of Admiralty Division, 621, 625.

only exists if persons or res within jurisdiction, 622.
none in rem against pilot compulsorily employed, 620, n. (c).
extension of jurisdiction by recent statutes, 621, 622.

to cases where damage in body of county, 622.

where damage done to or by foreign vessels, 622, 622, n. (h),
623, n. (1).

unless wrong-doing vessel employed for national purposes, 622.
where damage done by barge to ship, 622, n. (k).

by ship to barge, 622, n. (1).

by crew of ship to telegraphic cable, 623.

where title involved, 622, n. (k).

where damage to piers in United Kingdom, 623.

whether extended to collision between two barges, 623, n. (1).
or to damage to pier in foreign country, 623, n. (n).
or to damage caused by negligent towage, 622, n. (1).

in cases of personal injuries, 623.

where damage caused without contact, 623, 624.

in cases of loss of life, 624, 624, n. (8).

restrictions against institution of such actions, 617, 618.
arbitration where damage by foreign national vessel, 622, n. (i).
jurisdiction to enforce judgment of Admiralty Courts, 624.
jurisdiction of the Cinque Ports, 624, 625, n. (v), 668, 669.
jurisdiction of County Courts having admiralty jurisdiction, 625.
where damage does not exceed 300l., 625.
jurisdiction by agreement, 625.

jurisdiction of Vice-Admiralty Courts and other Courts, 625.
jurisdiction of justices in cases of damage to piers, &c., 626.

3. PROCEDURE IN ADMIRALTY AND QUEEN'S BENCH DIVISIONS, 626.
how far practice of Admiralty Court still in force, 626, n. (h).
mode of trial, 627.

province of Trinity masters, 627, nn. (k), (1).

evidence how taken, 627, 627, n. (m).

evidence as to nautical skill not admissible in Admiralty, 627, n. (1).
as to entries in official log respecting collision, 630.

how far such entries evidence, 630, n. (e).

whether depositions before receiver of wreck evidence, 630, n. (e).
evidence of coast-guards' books, 630, n. (e).

lighthouse logs, and protests, 630, n. (e).

proceedings at shipping casualty investigations and
Coroner's Courts not evidence, 630, n. (e).

evidence at naval inquiries likewise inadmissible, 630, n. (e).
report to Trinity House where pilot in charge, 276, n. (e).

burden of proof, generally, 627.

in cases of compulsory pilotage, 627, n. (n).

statutory rules as to burden of proof, 627.

where infringement of regulations under M. S. Acts, 627, 628.
where infringement possibly contributing to collision, 627-629,
628, n. (y).

unless departure from regulations justified, 628, 628, n.(u),
instances where rule applied, 628, n. (y).

liability in such cases, 628, nn. (8), (t).

where vessel neglects to stand by, &c., 138, 629.

previous law and statutory provisions, 629, n. (c).

COLLISION-continued.

3. PROCEDURE, ETC.-continued.

burden of proof-continued.

where meaning of person in charge, 629, n. (b).
criminal liability where proof of such neglect, 629.

certificates to be dealt with, 116, n. (u), 138, 629.
reference to registrar and merchants to assess damages, 633, n. (8).
costs in Admiralty Division, 625, n. (y), 627, n. (h).

4. RULES AS TO AMOUNT OF DAMAGES,

common law rule of contributory negligence, 630, 630, n. (ƒ).
admiralty rules now binding in all courts, 631.
admiralty rules as to amount of damages, 631.

where collision inevitable, 631, 632.
definition of inevitable accident, 631, 632.
where inscrutable fault, 631, 632.

where both vessels to blame, 631, 632.

application of this rule, 632, n. (m).

where damage occasioned by plaintiff's vessel, 631, 632.
where damage occasioned by vessel proceeded against, 631,
limitation of liability for damage, 633.

measure of damage, 633.

632.

right of owner of damaged vessel to restitutio in integrum, 633.
right to consequential damages, 633.

where abandonment of vessel rendered necessary, 633, 634.

where necessity for salvage services, 633, 633, n. (y).

where loss of profitable charter, 634.

where vessel earning freight totally lost, 634.

measure of freight lost, 634, 634, n. (b).

where partial loss occasioned, 634.

damages for detention recoverable, 634.

rate of compensation in case of steamers, 634, n. (d).

measure not altered though recovery from underwriters, 634.

pendency of actions before foreign Courts or Courts of concurrent
jurisdiction, 635, 635, n. (ƒ).

IV. Consequences of Collision.

collision caused by negligence not barratry, 353.

loss by, not "accident or sea damage,” 356.

damage by collision when a general average loss, 427, 429.

accidental collision a peril of the seas within charter-party, 355.

collision occasioned by negligence is not, 356.

collision not "barratry" within charter-party, 353.

liability of underwriters under ordinary form of policy in respect of
damage by collision to ship insured, 481.

liability under "collision clause" for damage done by ship insured, 446.
form of collision clause, 446, 447.

COLONIAL CERTIFICATES OF COMPETENCY, 114, 689, 690 (1).

COLONIAL COURT,

jurisdiction of, where ships vested in unqualified persons, 47, 48, 109.
where offences within admiralty jurisdiction, 192, n. (p).

COLONIAL GOVERNOR.

See COLONY (GOVERNOR OF).

COLONIAL LEGISLATURE. See Index, Vol. II.
to grant certificates for passenger steamers, 708.

COLONIAL LIGHTHOUSES. See LIGHTHOUSES.