(the Thames Conservators) did not enable them to make bye-laws for sea-going ships, and their powers applied to river craft only. It seems, however, that the existing Thames bye-laws are binding on all ships in the Thames. It appears that where the local rules do not conflict with the general rules, the latter are supplementary to the local rules. Local rules, though not made by any competent authority, may, by long usage and well-recognized practice, establish a custom, the infringement of which will be negligence. The obligation to obey such a custom of the river was upheld by the Privy Council in The Fyenoord. That case was decided under sect. 297 of 17 & 18 Vict. c. 104, by which it was enacted, in effect, that vessels going up the Thames should keep on the north or starboard side. The Fyenoord, a foreign ship, was navigating on the south side, and came into collision with a vessel bound down. It was held that, even if the statute was not binding on foreign ships, a custom had emanated from the statute that ships should navigate in accordance with it, and that The Fyenoord was to blame for transgressing the custom (o). Several recent cases (p) show the difficulties, both of construction and locality, which arise where the sea regulations apply in conjunction with local rules. For example, in the estuary of the Thames it is extremely difficult to draw the line at which the sea regulations begin, and the Thames rules cease, to operate. As the former contain a "starboard side" rule, and the latter do not, the matter is one which ought not to be left to the Courts to decide (2). (0) The Fyenoord, Swab. Adm. 374; see also, as to local custom, The Smyrna, 2 Moo. P. C. C. N. S. 447; Kennedy v. The Sarmatian, 2 Fed. Rep. 911. (p) E.g., The Harvest, 10 P. D. 90; The Minnie, (1894) P. 336; The Winstanley, (1896) P. 297, affd. 75 L. T. 133. (9) In America the Secretary to the Treasury has power to define by bearings "the line dividing the high seas from rivers, harbours, and inland waters": Act of Congress, 19th Feb. 1895, c. 102; 28 Stat. 672, s. 2. Article 30. Article 31. Distress signals. Distress Signals. ARTICLE 31. When a vessel is in distress, and requires assistance from other vessels, or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, viz. :— In the daytime 1. A gun or other explosive signal fired at intervals of about a minute; 2. The International Code signal of distress indicated by N. C.; 3. The distant signal, consisting of a square flag, having either above or below it a ball, or anything resembling a ball; 4. A continuous sounding with any fog signal apparatus. At night 1. A gun fired at intervals of about a minute; 2. Flames on the ship (as from a burning tar barrel, oil barrel, &c.); 3. Rockets or shells, throwing stars of any colour or description, fired one at a time, at short intervals; 4. A continuous sounding with any fog-signal apparatus. This Article corresponds with Art. 27 of the Regulations of 1884. The "continuous sounding with any fog-signal apparatus" is new. These distress signals are made under a different section (sect. 434) of the Merchant Shipping Act, 1894, to that (sect. 418) under which the collision regulations are made (r). () They were inserted in the Collision Regulations of 1880 and 1884, apparently by mistake. APPENDIX. THE MERCHANT SHIPPING ACT, 1894, 57 & 58 VICT. c. 60, ss. 418-424. PART V.-SAFETY. Prevention of Collision. § 418.-(1.) Her Majesty may, on the joint recommendation Collision of the Admiralty and the Board of Trade, by Order in Council, regulations. make regulations for the prevention of collisions at sea, and may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the steering and sailing rules to be observed by ships, and those regulations (in this Act referred to as the collision regulations) shall have effect as if enacted in this Act. (2.) The collision regulations, together with the provisions of this part of this Act relating thereto, or otherwise relating to collisions, shall be observed by all foreign ships within British jurisdiction, and in any case arising in a British Court concerning matters arising within British jurisdiction, foreign ships shall, so far as respects the collision regulations and the said provisions of this Act, be treated as if they were British ships. $419.-(1.) All owners and masters of ships shall obey the Observation collision regulations, and shall not carry or exhibit any other of collision regulations. lights, or use any other fog signals, than such as are required by those regulations. (2.) If an infringement of the collision regulations is caused by the wilful default of the master or owner of the ship, the master or owner shall in respect of each offence be guilty of a misdemeanor. (3.) If any damage to person or property arises from the non-observance by any ship of any of the collision regulations, the damage shall be deemed to have been occasioned by the M. PP Inspection as to light and fog signals. wilful default of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary. (4.) Where in the case of a collision it is proved to the Court before whom the case is tried that any of the collision regulations have been infringed, the ship by which the regulation has been infringed shall be deemed to be in fault, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary. (5.) The Board of Trade shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it. § 420.-(1.) A surveyor of ships may inspect any ship, British or foreign, for the purpose of seeing that the ship is properly provided with lights and the means of making fog signals, in conformity with the collision regulations, and if the surveyor finds that the ship is not so provided, he shall give to the master or owner notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same. (2.) Every notice so given shall be communicated in the manner directed by the Board of Trade to the chief officer of customs at any port at which the ship may seek to obtain a clearance or transire; and the ship shall be detained, until a certificate under the hand of a surveyor of ships is produced to the effect that the ship is properly provided with lights and with the means of making fog signals, in conformity with the collision regulations. (3.) For the purpose of an inspection under this section, a surveyor shall have all the powers of a Board of Trade inspector under this Act. (4.) Where the certificate as to lights and fog signals is refused, an owner may appeal to the court of survey for the port or district where the ship for the time being is in manner directed by the rules of that court. (5.) On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal, and the Board of Trade, when satisfied that the requirements of the report and of this Act as to lights and fog signals have been complied with, may grant, or direct a surveyor of ships or other person appointed by them to grant, the certificate. (6.) Subject to any order made by the judge of [the] court of survey, the costs of and incidental to the appeal shall follow the event. (7.) A surveyor in making an inspection under this section shall, if the owner of the ship so require, be accompanied on the inspection by some person appointed by the owner, and if in that case the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey. (8.) Such fees as the Board of Trade may determine shall be paid in respect of an inspection of lights and fog signals under this section, not exceeding those specified in the sixteenth Schedule to this Act. harbours, &c. § 421.-(1.) Any rules made before or after the passing of Saving for this Act under the authority of any local Act, concerning local rules of lights and signals to be carried, or the steps for avoiding navigation in collision to be taken, by vessels navigating the waters of any harbour, river, or other inland navigation, shall notwithstanding anything in this Act have full effect. (2.) Where any such rules are not, and cannot be made, her Majesty in Council, on the application of any person having authority over such waters, or, if there is no such person, any person interested in the navigation thereof, may make such rules, and those rules shall, as regards vessels navigating the said waters, be of the same force as if they were part of the collision regulations. other in case of collision. § 422.-(1.) In every case of collision between two vessels, Duty of vessel it shall be the duty of the master or person in charge of each to assist the vessel, if and so far as he can do so without danger to his own vessel, crew, and passengers (if any)— (a) to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance; and also (b) to give to the master 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 name of the ports from which she comes and to which she is bound. (2.) If the master or person in charge of a vessel fails to comply with this section, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. (3.) If the master or person in charge fails without reasonable cause to comply with this section, he shall be guilty of a misdemeanor, and, if he is a certificated officer, an inquiry into his conduct may be held, and his certificate cancelled or suspended. |