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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 de-
scription, fired one at a time, at short intervals.

The Regulations of 1880 contain no corresponding
Article.

The Article appears to have been inserted in the Regulations by mistake. Her Majesty has no power under the Acts recited in the Order in Council of the 11th August, 1884, to make regulations for vessels in distress requiring assistance. The signals specified in Art. 27 are, however, authorized by 36 & 37 Vict. c. 85, s. 18, as regards British ships, and all ships within British jurisdiction.

M M

M.

Art. 27.

APPENDIX.

25 & 26 VICT. c. 63, ss. 25-32, and ss. 57, 58, 60.

§ 25. On and after the 1st day of June, 1863, or such later Enactment of day as may be fixed for the purpose by Order in Council, Regulations the Regulations contained in the Table marked (C) in the concerning schedule hereto shall come into operation and be of the same signals, and lights, fogforce as if they were enacted in the body of this Act; but her sailing rules, Majesty may from time to time on the joint recommendation in Schedule, of the Admiralty and the Board of Trade, by Order in Council, Table (C). annul or modify any of the said Regulations, or make new Regulations in addition thereto or in substitution therefor; and any alterations in or additions to such Regulations made in manner aforesaid shall be of the same force as the Regulations in the said schedule.

§ 26. The Board of Trade shall cause the said Regulations, Regulations and any alterations therein or additions thereto hereafter to to be be made to be printed, and shall furnish a copy thereof to any published. owner or master of a ship who applies for the same; and production of the Gazette in which any Order in Council containing such Regulations, or any alterations therein, or additions thereto is published, or of a copy of such Regulations, alterations, or additions signed, or purporting to be signed by one of the Secretaries or Assistant-Secretaries of the Board of Trade, or sealed, or purporting to be sealed with the seal of the Board of Trade, shall be sufficient evidence of the due making and purport of such Regulations, alterations, or additions.

§ 27. All owners and masters of ships shall be bound to Owners and take notice of all such regulations as aforesaid, and shall, so masters bound long as the same continue in force, be bound to obey them, to obey them. and to carry and exhibit no other lights, and to use no other fog signals than such as are required by the said Regulations; and in case of wilful default the master or the owner of the ship, if it appear that he was in such fault, shall, for each occasion upon which such Regulations are infringed be deemed to be guilty of a misdemeanour.

Breaches of Regulations to imply wilful default of person in charge.

If collision ensues from breach of the Regulations, ship to be deemed in fault.

Inspection for enforcing Regulations.

Rules for harbours

or in

§ 28. In case any damage to person or property arises from the non-observance by any ship of any Regulation made by pursuance of this Act, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of such 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 Regulations necessary.

§ 29. If in any case of collision it appears to the Court before which the case is tried, that such collision was occasioned by the non-observance of any Regulation made by or in pursuance of this Act, the ship by which such 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. (Repealed 36 & 37 Vict. c. 85, s. 33; the same Act containing (s. 17) a corresponding proviso. See infra, p. 536.)

§ 30. The following steps may be taken to enforce compliance with the said Regulations; that is to say,

(1.) The surveyors appointed under the third part of the Principal Act (a), or such other persons as the Board of Trade may appoint for the purpose, may inspect any ships for the purpose of seeing that such ships are properly provided with lights and with the means of making fog signals in pursuance of the said Regulations, and shall for that purpose have the powers given to inspectors by the 14th section of the Principal

Act.

(2.) If any such surveyor or person finds that any 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.

(3.) Every notice so given shall be communicated in such manner as the Board of Trade may direct to the collector or collectors of customs at any port or ports from which such ship may seek to clear, or at which her transire is to be obtained; and no collector to whom such communication is made shall clear such ship outwards, or grant her a transire, or allow her to proceed to sea without a certificate under the hand of one of the said surveyors, or other persons appointed by the Board of Trade as aforesaid, to the effect that the said ship is properly provided with lights, and with the means of making fog signals in pursuance of the said Regulations (b).

§ 31. Any rules concerning the lights or signals to be carried by vessels navigating the waters of any harbour, river, or

(a) 17 & 18 Vict. c. 104.

(b) The M. S. Act, 1876 (39 & 40 Vict. c. 80), s. 14, gives an appeal

to a Court of Survey against a surveyor's refusal of a certificate.

Acts to continue in force.

other inland navigation, or concerning the steps for avoiding under local collision to be taken by such vessels, which have been or are hereafter made by or under the authority of any Local Act shall continue and be of full force and effect, notwithstanding anything in this Act or in the Schedule thereto contained.

rules exist

§ 32. In case of any harbour, river, or other inland navi- In harbours gation, for which such Acts are not and cannot be made under and rivers the authority of any Local Act, it shall be lawful for Her where no such Majesty in Council, upon application from the harbour, trust, they may be or body corporate, if any, owning or exercising jurisdiction made. upon the waters of such harbour, river, or inland navigation, or, if there is no such harbour, trust, or body corporate, upon application from persons interested in the navigation of such waters, to make rules concerning the lights or signals to be carried, and concerning the steps for avoiding collision to be taken by vessels navigating such waters, and such Rules when so made shall, so far as regards vessels navigating such waters, have the same effect as if they were Regulations contained in Table (C) in the Schedule to this Act, notwithstanding anything in this Act or in the Schedule thereto contained.

other.

§ 33. In every case of collision between two ships it shall be In case of colthe duty of the person in charge of each ship, if and so far as he lision one ship can do so without danger to his own ship and crew, to render to shall assist the the other ship, her master, crew, and passengers (if any) such assistance as may be practicable, and as may be necessary in order to save them from any danger caused by the collision.

In case he fails so to do, and no reasonable excuse for such failure is shown, the collision shall, in absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default; and such failure shall also, if proved upon any investigation held under the third or eighth part of the principal Act, be deemed to be an act of misconduct or a default for which his certificate (if any) may be cancelled or suspended. (Repealed by 36 & 37 Vict. c. 85, s. 33. The same Act contains (s. 16) a similar provision; see infra, p. 536.)

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§ 57. Whenever foreign ships are within British jurisdic- Foreign ship tion, the Regulations for preventing collision contained in in British Table (C) in the Schedule to this Act, or such other Regula- jurisdiction to tions for preventing collision as are for the time being in be subject to Regulations force under this Act, and all provisions of this Act relating in Table (C) to such Regulations, or otherwise relating to collisions, shall in Schedule. apply to such foreign ships; and in any cases arising in any British Court of Justice concerning matters happening within British jurisdiction, foreign ships shall, so far as regards such

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