Speed of Ships to be moderate in Fog, &c. 16. Every vessel shall, in a fog, mist, falling snow, or heavy rain-storms, go at a moderate speed, having careful regard to the existing circumstances and conditions. A steam-vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. Steering and Sailing Rules. Preliminary. Risk of Collision. Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist. 17. When two sailing-vessels are approaching one another so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, viz. : (a.) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b.) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c.) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d.) When both are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. (e.) A vessel which has the wind aft shall keep out of the way of the other vessel. 18. When two steam-vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This Article only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective courses, pass clear of each other. The only cases to which it does apply are when each of the two vessels is end on, or nearly end on, to the other: in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own; and, by night, to cases in which each vessel is in such a position as to see both the side-lights of the other. It does not apply, by day, to cases in which a vessel sees another ahead crossing her own course; or, by night, to cases where the red light of one vessel is opposed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other; or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. 19. When two steam-vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. 20. When a steam-vessel and a sailing-vessel are proceeding in such directions as to involve risk of collision, the steam-vessel shall keep out of the way of the sailing-vessel. 21. Where by any of these Rules one of two vessels is to keep out of the way, the other shall keep her course and speed. Note. When, in consequence of thick weather or other causes, such vessel finds herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will best aid to avert collision. (See Articles 27 and 29.) 22. Every vessel which is directed by these Rules to keep out of the way of another vessel shall, if the circumstances of the case admit, avoid crossing ahead of the other. 23. Every steam-vessel which is directed by these Rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. 24. Notwithstanding anything contained in these Rules, every vessel, overtaking any other, shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft the beam, i.e., in such a position, with reference to the vessel which she is overtaking, that at night she would be unable to see either of that vessel's side-lights, shall be deemed to be an overtaking vessel ; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these Rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel cannot always know with certainty whether she is forward or abaft this direction from the other vessel, she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. 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. 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. 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. Sound Signals for Vessels in Sight of one Another. 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 authorized 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." No Vessel under any circumstances to Neglect proper Precautions. 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. Reservation of Rules for Harbours and Inland Navigation. 30. Nothing in these Rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbour, river, or inland waters. Distress Signals. 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 NC; (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 or other explosive signal fired at intervals of about a minute; (2.) Flames on the vessel (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. SCHEDULE 2. List of Countries to which the Regulations contained in Schedule 1 apply, subject to the Limitations and Conditions stated in the Order and the Aug. 14, 1879 Approving new regulations for British vessels, and applying them to the vessels of certain foreign countries. (State Papers, Vol. LXX, page 307.) Nov. 27, 1880 Applying the Regulations of 1879 to the vessels of certain other foreign countries. (State Papers, Vol. LXXI, page 277.) Sept. 9, 1884 Dec. 30, 1884 Applying the Regulations of 1884 to French vessels. (State Applying the same regulations to the vessels of certain May 19, 1885 Applying the same regulations to the vessels of certain other foreign countries. (State Papers, Vol. LXXVI, page 481.) July 9, 1885 Sept. 17, 1885 Aug. 18, 1892 Nov. 27, 1896 July 7, 1897 Applying the same regulations to Turkish vessels. (State Applying the same regulations to Chilian vessels. (State Approving regulations as to the lights of British steam Directing that the Order of 1892 shall be construed as July 7, 1897 Applying the Regulations of 1896 to the vessels of certain foreign countries. (State Papers, Vol. LXXXIX, page 402.) Apr. 4, 1906 Approving new regulations for British fishing-vessels. (State Papers, Vol. XCIX, page 404.) BRITISH ORDER IN COUNCIL conferring Admiralty Jurisdiction on Courts in Turkey, Egypt, China, Zanzibar, Siam, and Persia.-London, November 7, 1910.* At the Court at St. James's, the 7th day of November, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Privy Seal. Mr. Secretary Harcourt. Sir George Buchanan. Earl Beauchamp. WHEREAS by Treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the places referred to in this Order: Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,” or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: * "London Gazette," November 18, 1910. [1909-10. CI.] 66 1. This Order may be cited as The Foreign Jurisdiction (Admiralty) Order in Council, 1910." 2.-(1.) This Order extends to all persons and to all property subject to any of the following Orders: "The China and Corea Order in Council, 1904"; * "The Zanzibar Order in Council, 1906"; † "The Siam Order in Council, 1906"; ‡ "The Persian Coast and Islands Order in Council, 1907 "; § ` "The Ottoman Order in Council, 1910"; || or any Orders in Council substituted therefor. (2.) This Order shall take effect on such day, not less than one month nor more than three months after it is first exhibited in the public office of the highest of His Majesty's Courts established by each of the said Orders in Council, as His Majesty's representative shall by public notification appoint. 3. In this Order, and in Rules of Court made under it, the following terms shall, unless the context otherwise require, have the respective meanings hereinafter assigned to them, that is to Say: "The Court" means the Court exercising Admiralty jurisdiction in accordance with this Order. 66 Principal Order" means the Order in Council under which the Court is established, including therein any subsequent or amending Order affecting such jurisdiction. "Provincial Court" includes, in the case of Siam, a district court, but in the case of Zanzibar does not include a subordinate court. "His Majesty's Representative" means in the Ottoman Empire, except Egypt, His Majesty's Ambassador; in Egypt and Zanzibar, His Majesty's Agent and Consul-General; in Siam, China, and Persia, His Majesty's Minister. "Registrar" means: In the Ottoman Empire, the Registrar of the Supreme Court, and includes, in Egypt, the Registrar of His Majesty's Consular Court of Alexandria; in China and Corea, the Registrar of the Supreme Court; in Siam, the Registrar of the Court for Siam; in Zanzibar, the assistant judge, until the judge, with the approval of the Secretary of State, shall otherwise order; in Persia, the person whom the Consul-General, with the approval of the Secretary of State, may appoint as Registrar. Marshal" means the Marshal of the Court, or the person who for the time being is performing the duties of Marshal. "Judgment" includes a decree, order, and sentence. "Appeal" means any appeal, rehearing, or review. Expressions defined in the Principal Order shall have the same meanings as are therein respectively assigned to them, unless the context or this Order otherwise require. * Vol. XCVII, page 150. Vol. XCIX, page 408. + Vol. XCIX, page 459. § Vol. C, page 61. | Page 181. |