that is, such as, having regard to the state of the tide, the river, and number of shipping, her own speed, the state of the weather, darkness, fog, tempest, and other circumstances involving greater or less vigilance and caution, was reasonably sufficient to obviate danger. Panther. Trident.

870. It must be presumed that a steamer, which, going ten knots an hour on a clear though dark night, did not observe the light of a lantern over her starboard bow in time to avoid collision with the approaching vessel which bore it, had neglected her look-out. Ericson.

871. If it appear that the collision was occasioned by the non-observance of any regulation made by or in pursuance of the Act, the ship by which such regulation has been infringed is to be deemed in fault, unless it is shown that circumstances rendered the departure from the regulation necessary. (3 M. S. A. 29.) The absence of the proper lights, or their absence from the proper place, or their deficiency in brightness, warrants a presumption that the collision arose from the delinquency of the vessel. (Juliana.) But the brightness of the night may raise a counter-presumption against the sufficiency of the look-out. If the vessel, negligent as to her lights, was seen by the impugnant, she is excused, for in such case her negligence did not contribute to the collision. Telegraph. Livingstone.

872. DAMAGE DIRECT.-The value of the injured vessel is her market-price at the time of the accident. If the loss is total, that is allowed. The best evidence of her value is the opinion of competent persons acquainted with her before the injury; next, the opinion of persons generally conversant with shipping; the next, but inferior, her original cost and the expense of repairs. Clyde. Ironmaster.

873. If she is abandoned or irreparable, or the damage exceed her value, or if she is justifiably sold by her master abroad, her owner is allowed the full value, less the proceeds of the sale of what of her remained. South Sea. Eugénie. 874. If the injury is partial, she is allowed the value of

all things entirely lost and not replaced. A fishing-smack is allowed the value of her fish lost. (Wanderer.) She is allowed the expense of necessary repairs and refitting for sea, without deduction for the improvement of her condition by such repairs. (Pactolus. Clyde.) But the expense is the net amount after deducting such discount as is usually allowed on payment at the time, if the amount of damage is ready. Inflexible.

875. The damage includes the salvage expenses, to which the aggressed is subject, and the costs of an action against her to recover the salvage at least, unless the claim was exceedingly moderate; for the amount allowed in such cases is so speculative as to excuse a prudent man's making a tender. Linda. Legatus. But see Tindall v. Bell.

876. The damage includes towage rendered necessary by the collision, and the court will not speculate as to whether towage would probably have been incurred had the accident not happened. (Inflexible.) It also includes the expenses of her detention, and any peculiar expenses to which she was subject by necessity or usage, as on account of the detention of the officers and Lascar crew of an Indian trader. It also includes a reasonable compensation for non-employment during repair, that is, for the profit which it may be reasonably presumed that she would have made, but not mere speculative profits. Inflexible. Levin Lark. South Sea.

877. The Admiralty gives sailors who have lost their clothes a separate right and remedy for compensation. The lost articles are generally estimated at two-thirds of their price when new. Cumberland.

878. DAMAGE, CONSEQUENTIAL.-The injured ship is entitled not only to compensation for the damage which she has sustained directly from the collision, but also for damage which has arisen to her from her crippled condition, rendering her less capable of escaping additional injury, as from being deserted by her crew through reasonable apprehen

sion of their lives, or from her being driven against, and occasioning damage to, another vessel. It may be mentioned that such third vessel might seek her remedy either against the direct or original impugnant. Blenheim. Linda. Pensher. Lyra v. Venus.

879. ACCIDENTS, NOTICE OF.-The owner is bound, under a penalty of £50, to give notice to the Board of Trade of the apprehended loss of a steam-ship. (1 M. S. A. 327.) And he is bound, under a penalty of £30, within twenty-four hours, or as soon as possible, to make a report to that Board of any accident to a steam-ship, containing the name of the ship, the port to which she belongs, and the occasion of the accident. 1 M. S. A. 327.

880. An entry of every collision must be made in the official log, and signed by the master and mate or one of the crew, under a penalty of £20. 1 M. S. A. 328.

881. LIABILITY OF SHIP AND OWNER.-On the general principle that a man is liable for the negligence and some of the defaults of his servant, to whom he has entrusted the management of any, especially a dangerous machine, which might by such negligence or fault inflict an injury upon others, the ship-owner is responsible for damage occasioned by the mismanagement of his ship. The principle is founded in reason, inasmuch as it is his duty to take care that a machine which, incautiously used, may occasion loss to others, should be entrusted only to the charge of persons possessing sufficient discretion and skill to avoid all inconveniences, which are not with reasonable care and ability inevitable.

882. It is foreign to the subject of navigating the waters to enter into the question of liability of the owners, or the masters, or crews of ships, either for criminal conduct or on their private contracts. We confine ourselves to those liabilities which the ship and her owners, as such, incur in consequence of her conduct on the waters, liabilities represented by the ship.

883. But it may be proper to repeat that the ship is not responsible for the criminal act of the master or crew in wilfully making her an instrument of mischief. Certain liabilities of a criminal character will have to be considered, under the titles of slavery, smuggling, piracy, and war.

884. The ship, then, is not responsible for the wilful, malicious act of the master beyond the scope of his authority, as in wilfully running into another vessel. Ida. Druid. Seine.

885. A ship is not liable for an act done in obedience to the command of a superior authority which she is bound to obey. She is not liable for a collision occasioned by the master's act in obedience to an order of an officer of the government whom she is by contract with the government bound to obey; as by hanging on upon her warp under the order of the Captain of a Queen's ship, or by acting in obedience to the orders of the Dockmaster in going into dock. (Sultanea. Bilboa.) The responsibility is with the officer who issued the command.

886. We have already spoken in detail of the extent of her exemption from liability in obeying the orders of a pilot whom she is bound to receive.

887. The owner of a British ship is wholly exempted from loss or damage which may happen without his actual fault or privity-1. By destruction or injury through fire of any goods on board his ship. 2. By robbery, embezzlement, making away with or secreting any gold, silver, watches, jewels, diamonds, or other precious stores on board his ship; unless the owner or shipper at the time of shipping insert in his bills of lading, or otherwise declare in writing to the master or owner, the true nature or value of such articles. 1 M. S. A. 502.

888. The ship is liable for the negligent conduct of any other agent to whom she is confided, as well as for the negligences of her master or officer in command. (Ruby Queen.) And she is liable whether she remains under the

control of her owners, or is transferred to the control of others, by a charterparty, making the charterers owners for the time. Ticonderoga. Fenton v. Dublin Steam Packet Company.

889. A ship of war is responsible as a merchant ship, but she is discharged from the custody of the court, being always in the custody of the sovereign. In England, the course is that the Lords of the Admiralty direct an appearance for defence of the action, restoring, by act of justice, the suitor to as good a position as if he had the ship in arrest. Athol. Leila. Resolute.

890. The ship continues liable, notwithstanding her assignment, after collision, and even after judgment at law recovered against her former owner.

891. LIFE, Loss OF.-Neither the law of the sea, nor the common law of England, give any compensation for the loss of life by mismanagement of a ship. (Cope v. Doherty.) But compensation is given with reference to such loss occurring in British waters (1 M. S. A. 504), whether the ship be foreign or British. It is also given in respect of such loss occurring in a British ship by collision with a British ship on the open sea, and in cases in which any foreign country shall have intimated to the British Crown its acquiescence in such law, in respect of such loss occurring by collision between foreign ships of that country, or a foreign ship of that country and a British ship on the open sea. 3 M. S. A. 58.

892. MEASURE OF LIABILITY.-By the generally accepted law of the sea, the liability of the owner for damage occasioned by the vessel's misconduct is limited only by the amount of the injury she inflicts, and the costs of compelling him to make compensation. Cope v. Doherty. Wild Ranger.

893. LIMITATION OF LIABILITY.-The policy of commerce has induced most nations to prescribe limits to such liability where the owner has not personally been guilty of