APPENDIX.

647

RULES CONCERNING FOG-SIGNALS.

Art. 10. Whenever there is a fog, whether by day or night, the fogsignals described below shall be carried and used, and shall be sounded, at least every five minutes, namely:

(a.) Steamships under way shall use a steam-whistle placed before the funnel, not less than eight feet from the deck.

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

(c.) Steamships and sailing ships, when not under way, 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, 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. 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 steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing ship.

Art. 16. Every steamship, when approaching another ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steamship 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 the ships is to keep

out of the way, the other shall keep her course, subject to the qualications 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.

DIAGRAMS.

To illustrate the use of lights carried by vessels at sea, and the manner in which they indicate to a vessel which sees them, the position and description of the vessel that carries them:

When both red and green lights are seen:

A sees a red and green light ahead; A knows that a vessel is approaching her on a course directly opposite to her own, as B:

If A sees a white mast-head light above the other two, she knows that B is a steam-vessel.

When the red and not the green light is seen:

A sees a red light ahead or on the bow; A knows that either

1st, a vessel is approaching her on her port-bow, as B:

A

B

[N. B.- If A continue her present course, without change, collision with B is inevitable: therefore A must wear a little, and each will pass the other safely.]

Or, 2d, a vessel is crossing in some direction to port, as D, D, D.

If A sees a white mast-head light above the red light, A knows that the vessel is a steam vessel, and is either approaching her in the same direction as B, or is crossing to port, in some direction, as D, D, D.

When the green and not the red light is seen :

A sees a green light ahead, or on the bow; A knows that either 1st, a vessel is approaching her on her starboard bow, as B:

A

B

Or, 2d, a vessel is crossing in some direction to starboard, as D, D, D.

A

D

If A sees a white mast-head light above the green light, A knows that the vessel is a steam vessel, and is either approaching her in the same direction as B, or is crossing to starboard in some direction, as D, D, D.

650

APPENDIX.

APPENDIX C, page 24.

The whole commission is recited in Duponceau on Jurisdiction, 158; but the more material part only is given here:

"COMMISSION OF VICE-ADMIRAL.

"George the Third, &c., Greeting:

"We, confiding very much in your fidelity, care, and circumspection in this behalf, do, by these presents, which are to continue during our pleasure only, constitute and depute you, the said A. B., Esq., our Captain-General and Governor-in-Chief aforesaid, our Vice-Admiral, Commissary and Deputy in the office of Vice-Admiralty in our Province of aforesaid, and the territories depending thereon in America, and in the maritime parts of the same and thereto adjoining whatsoever; with power and authority in -, &c., and also throughout all and every the sea-shores, public streams, ports, fresh water rivers, creeks, and arms, as well of the sea as of the rivers and coasts whatsoever of our said Province of ,&c.; to take cogni

zance of, and proceed in, all civil and maritime causes, and in complaints, contracts, offenses, or suspected offenses, crimes, pleas, debts, exchanges, accounts, charter parties, agreements, suits, trespasses, injuries, extortions, and demands, and business civil and maritime whatsoever, commenced or to be commenced between merchants, or between owners and proprietors of ships and all other vessels whatsoever, employed or used within the maritime jurisdiction of our Vice-Admiralty of our said Province of and the territories depending thereon, or between any other persons whomsoever, had, made, begun or contracted for any matter, thing, cause, or business whatsoever, done or to be done, within our maritime jurisdiction aforesaid, together with all and singular their incidents, emergencies, dependencies, annexed or connexed causes, whatsoever or howsoever, and such causes, complaints, contracts, and other the premises above said or any of them, which may happen to arise, be contracted, had or done, to hear and determine according to the rights, statutes, laws, ordinances, and customs anciently observed," &c., &c.

APPENDIX.

651

APPENDIX D, page 34.

"Att y second Sessions of the Generall Court, held at Boston, 14th of October, 1668.

"The Court mett at ye time, & were present, Richard Bellingham, Esq., Gov', Francis Willoughby, Esq., Dept Gov', Symon Bradstreet, Samuel Symonds, Daniel Gookin, Daniel Dennison, Symon Willard, Richard Russell, Thomas Danforth, William Hathorn, Eliazur Lusher, John Leueret, John Pinchon, Edward Tyng, Esq's. "Whereas, through the blessing of God vpon this jurisdiction, the navigation & maritine affaires thereof is growne to be a considerable jnterest, the well management whereof is of great concernment to the publick weale, for the better ordering the same for the future, & that there may be knowne lawes & rules for all sorts of persons imployed therein, according to their seuerall stations and capacitjes, & that there may be one rule for the guidance of all Courts in their proceedings in distribution of justice, this Court doeth order, & be it ordered by the authority thereof,

"Sect. 1. That whereas there is many times differences betweene ounors of shipps, ketches, barques, & other vessells in setting forth their seuerall parts, whereby damage doth accrew to the particular concernment of ounors, & if not prevented may be a great obstruction of trade. Where there are seuerall ouners concerned, as ouners in ships, ketch, barques, or other vessells whatsoeuer, vsed for traf ficque, commerce, fishing, logs, board, timber, wood, or stone carriage vpon salt or fresh waters, all such ouners of lesser part shall be concluded for the setting forth of his part by ye majo' part of the whole concerned; such ouners so concluded hauing notice given them of the meeting for such conclusion. If they be nigh hand, & in case of any ouner refusing, or by reason of neglect or absence, or not able to provide for the setting forth his part, the master of such ship or vessel may take vp vpon the bottom for the setting forth of the sajd part, the wch being defrayed, the remainder of the income of such part to be pajd by the master to ye sajd ouner.

"Sect. 2. And in case of fraightment, where any ouner shall refuse to assent to the letting out of ship or vessell where he is interessed, such dissenter shall manifest it by some publik act of protest, before the signing of charter party, except the master or the rest of the