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Further complaints of the Shipowners,

who think

too much

has been

relation to these matters may be brought into account among the part-owners of the same ship, in the same manner as any other moneys disbursed

for the use thereof.

Some of the Shipowners complained of the reintroduction of a liability nearly unlimited as set forth in the 511th clause,' urging that foreign shipowners could not be rendered liable to its operation, and that Shipowners are expressly exempted from liability for damage caused by the negligence or misconduct of licensed pilots, on the very ground that their competency has been tested and approved by public authorities. This last argument is, however, wholly untenable, unless a perfect immunity is to be accorded to every ship-master who may have obtained a certificate of qualification. The municipal law of one State can only bind those subjects who owe allegiance thereto; but all civilised States frame regulations for the protection of life and property. It would be very difficult to suggest any improvement in the law. The provisions in the Merchant Shipping Act were the result of profound consideration, and ought to be deemed to have effected as reasonable an adjustment as is possible, between the owners of sea-going ships and persons sustaining damage.

With regard to the Passenger Act, the central discretion body of Shipowners further complained of the discretionary power exercised by the Emigration officer; and, in recent reports, have called attention to those provisions which "while they harass the Ship

given to

the Emigration officer.

The shipowners suggested that every passenger should set a value on himself before he embarked!!

owner, do not in the least tend to the advantage, comfort, or safety of the passengers; " the consequence of so much being left to the discretion of the Emigration officer leading, as they thought, to this, that the mode of fitting out emigrant vessels depends mainly on his will, and varies, therefore, with each port from which the vessel sails.' The "fiend discretion," as a well-known writer' has described it, is no doubt ever abhorrent to Englishmen, who watch, with Constitutional jealousy, the rights of property and of the subject. But it is, indeed, the cardinal difficulty of administration. A hard and fast law stops improvement, and reduces everything to a dead level. Discretion may be tyranny. The experience, however, of the frauds, oppression, and cruelties, practised in former years on the unprotected emigrant, will, I doubt not, continue to operate on the Legislature, and will prevent them from relaxing many portions of the present rigorous system, which has at least produced various salutary improvements.

modified,

of Passen

ger Act

remains

Though modifications and alterations have been Though slightly made in the Passenger Act of 1855, the most impor- since tant of which has been the transfer of its manage- principle ment from the Emigration Commissioners to the Board of Trade, its leading principles are still un- the same. changed, and these, in their main features, have now been adopted by nearly all other countries. The changes most worthy of note are to be found (Clause 35, &c.) in the Merchant Shipping Acts Amendment Act of 1862, which gives the owner or master of any passenger ship power to reject, as a passenger, any "drunken or disorderly" person; or to land Report, 23 June, 1858.

2 Sir William Jones.

The
"rule of

such person, or others, as "molest or continue to molest any passenger," at any convenient port in the United Kingdom. Power is also given in this Act to inflict a penalty, not exceeding 201., on any passenger who interferes with the crew in the execution of their duty; or "who wilfully does, or causes to be done, anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steamer."

The Act of 1862 also laid down more clear and the road at distinct sailing rules; and as these are of great importance, I furnish them at length in a footnote."

sea."

1 Steering and Sailing Rules.

Art. 11. If two sailing vessels 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, 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 steam-ship, are proceeding in such directions as to involve risk of collision, the steam-ship shall keep out of the way, and pass astern of the sailing ship.

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

For these rules the country is greatly indebted to the exertions of Mr. Milner Gibson, when President

Art. 18. Where, by the above rules, one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications 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.

Mr. Thomas Gray, one of the Assistant Secretaries to the Board of Trade (Marine Department), feeling how important it would be to have these rules impressed upon the minds of all navigators, and knowing what effect rhyme has in bringing at once to recollection, for instance, the number of days in each month, put with great tact and ingenuity these rules into verse, thus :

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1. Two steam-ships meeting.

"When both side-lights you see ahead,
Port your helm, and show your red."

2. Two steam-ships passing.

"Green to green, or red to red,

Perfect safety-go ahead.”

3. Two steam-ships crossing.

Note.-This is the position of greatest danger; there is nothing for it but good look-out, caution, and judgment.

"If to your starboard red appear,

It is your duty to keep clear;

To act as judgment says is proper—

To port, or starboard, back, or stop her!

"But when upon your port is seen

A steamer's starboard light of green,
There's not so much for you to do,

For green to port keeps clear of you."

4. All ships must keep a good look-out, and steam-ships must stop, and go astern, if necessary.

of the Board of Trade, without whose practical knowledge of the subject (as a first-class yachtsman

"Both in safety and in doubt
Always keep a good look-out;
In danger, with no room to turn,
Ease her-stop her-go astern!"

These appropriate but simple rhymes have been translated into various languages, and, I doubt not, have been the means of preventing numerous colisions and other accidents at sea. It may be amusing and instructive to add that, when the question of lights for ships and rules of the road at sea were under consideration, the French Government wrote to our Government proposing a Maritime Congress to settle them. We replied in substance, "No. A Maritime Congress of sailors of different nations and languages will be a Babel. But we will heartily co-operate with you; we will propose a draft of rules and submit them to you. If France and England can agree on this, other nations will probably join." France adopted our proposal most cordially, and we set to work. At that time we were fortunate enough to have Mr. Milner Gibson at the Board of Trade, who united, as I have explained in the text, what scarcely any other man would have done, perfect knowledge of the subject, a clear, logical, and sensible understanding, and a remarkable power of making other people agree. Not without difficulty, a set of rules was, under his leadership, framed by the Admiralty, the Trinity House and the Board of Trade acting together. These rules were sent to the French Government. They approved them, making some valuable criticisms, but, chiefly, criticisms of detail. We then said, "Now let there be no question of national vanity; no quarrel as to who originated these rules. Do you publish them in your Moniteur on a given day, and we will, on the same day, publish them in our Gazette, merely stating that the rules had been jointly settled by the two Governments. This, as might have been supposed, was agreed on. To the surprise, however, of every one connected with the facts, the Moniteur some time before the day fixed, published a long story to the following effect:-"That the French Minister of Marine had long been alive to the dangers to which navigation was exposed for want of such rules; that he had communicated his apprehensions to his colleague, the French Foreign Minister, who sympathised with him; that he, the French Minister of Marine, thereupon prepared a set of rules, which he sent to his colleague; that the French Foreign Minister submitted these French rules to the English Government; that that Government gave them its cordial and grateful approval; and that both Governments then agreed to adopt them. Therefore, they were to become law!"

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