ARTICLE 25. In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel. It is a question for the Court to decide what is a narrow channel. The Straits of Messina;1 the entrance to Falmouth Harbour; the Swin Channel in the Thames-where the proper course for inward-bound steamers is to keep on the starboard side of the channel and to pass to the north side of the Swin Middle Lightship, leaving her on the port hand; Cardiff Drain; and the entrance channel to Roath Basin,' have all been held to be narrow channels to which this Rule applies. The fairway is apparently the part of the narrow channel used for navigation, and it is to the starboard side of that portion of the narrow channel that steam vessels are, if it is safe and practicable, to keep. The fairway is not necessarily the channel between a row of buoys placed to mark the edge of the deep water; it is the open navigable passage used by vessels proceeding up or down the channel," It is not an infringement of this Rule that a steamer has to move out of the starboard side of the fairway to avoid a sailing ship. She must, however, return to her proper water as soon as possible. 1 The Rhondda (1883), 8 App. Cases, 549. 2 The Clydach (1884), 5 Asp. M. C. 336. 3 The Minnie, [1894] P. 336; The Oporto, [1897] P. 247. The Blue Bell, [1895] P. 244. ARTICLE 26. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or trawls. This Rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fairway used by vessels other than fishing vessels or boats. This Rule is new to the Regulations. It has, however, always been the practice for sailing vessels to keep out of the way of sailing vessels or boats when engaged in fishing with nets, or lines, or trawls. Steam vessels must keep out of the way of sailing vessels engaged in fishing (Article 20). The fishing may not be carried on so as to obstruct the fairway used by other vessels. It does not, however, prevent fishing in a fairway, so long as it is not done in such a way as to prevent other vessels making use of the fairway. The fairway presumably is that portion of a narrow channel that is used in navigation by vessels other than fishing vessels (see Article 25). It is doubtful whether a sailing vessel should keep out of the way of a steam trawler showing the lights mentioned in Article 9. According to the opinion of the committee appointed by the Board of Trade in 1897, the steam trawler should get out of the way of the sailing vessel (see page 27). 1 See The Tweedsdale (1889), 14 P. D. 164. ARTICLE 27. In obeying and construing these Rules, due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above Rules necessary in order to avoid immediate danger. This Rule is the same as Article 23 of the 1884 Rules, except that the words "and collision" have been added. The Regulations for preventing collisions at sea must be implicitly obeyed, and no departure therefrom is permissible, except where there is a chance of avoiding a collision which otherwise is inevitable, and it must be shown conclusively that obedience to the Regulations would and could not have avoided the collision. But in a case of immediate danger, where a collision appears to be inevitable, and all depends upon the course of action immediately pursued, nothing can be more important than that those who have charge of the navigation of the vessel should know that if they depart from the Rules, which are laid down with sufficient distinctness, they must prove not only to their own satisfaction, but also to the satisfaction of the Court which has to decide the question, that what was done was necessary for the purpose of avoiding immediate danger, and that the course adopted was reasonably calculated to avoid collision. If the Rules are observed every person will know precisely what he is to do.2 A vessel, however, must not insist on her right of way when she sees that another vessel cannot or will not give way in time to avoid collision. If the giving-way vessel is a steam vessel, she must be given ample time to act, for she can get out of the way up to a very late period, and 1 The Benares, per Bowen, J. (1883), 9 P. D. 16. 2 The Khedive (1880), 5 App. Cases, at p. 909; The Agra (1867), L. R. 1 P. C. 501. must not be hampered in her movements by a departure from the Regulations by the other vessel.1 The fact that a vessel has been guilty of misconduct, or has not observed these Regulations, does not relieve those in charge of another vessel from doing all in their power to avoid collision.2 A steam tug, towing a vessel in the open sea against a strong head wind, is not justified in departing from the Rule that a steam vessel must keep out of the way of a sailing vessel.3 Under the old Rules a steam trawler, showing the lights mentioned in Article 9, was justified in not manoeuvring for a sailing vessel as directed by Article 17 (now Article 20) on the ground that she, by having her trawl down, was entitled to take advantage of Article 23 (now Article 27); but see Articles 20 and 26.4 SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER. ARTICLE 28. The words "short blast" used in this Article shall mean a blast of about one second's duration. When vessels are in sight of one another, a steam vessel under way, in taking any course authorised or required by these Rules, shall indicate that course by the following signals on her whistle, or siren, viz.: One short blast to mean, "I am directing my course to starboard." Two short blasts to mean, "I am directing my course to port." Three short blasts to mean, "My engines are going full speed astern." This Rule differs from the old Rule by making the use 1 The Independence (1861), 14 Moo. P. C. 103. 2 The Friedrich (1868), L. R. 2 P. C. 25, at p. 34. 3 The Warrior (1872), L. R. 3 A. & E. 553. of the signals compulsory when vessels, in sight of each other, are taking any course authorised or required by these Rules. These signals must not be used in fog unless the vessels are in sight of each other. It must be remembered, however, that the first two signals are only for the purpose of indicating that a vessel is, at the moment the signal is given, directing her course to port or starboard. They do not mean that the vessel is going to pass on a particular side; nor that her helm is placed in a particular way; nor that the vessel will continue on the course she is taking. The last signal gives no indication of the speed of the vessel nor of her direction through the water, whether ahead or astern; it only indicates that the engines are going full speed astern. NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS. ARTICLE 29. Nothing in these Rules shall exonerate any vessel, 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. It is not only necessary to carry and exhibit the lights required by these Rules, but those lights should conform to the requirements of the Board of Trade. Unfortunately the fact that they do comply with the requirements of the Board of Trade will not be conclusive evidence that the lights comply with the requirements of these Rules, as at |