the port side, nor the red light on the starboard side. Fishingvessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light. Fishing-vessels and open boats shall, however, not be prevented from using a flare-up in addition, if considered expedient. RULES GOVERNING FOG-SIGNALS. Fog-signals. Art. 10. Whenever there is a fog, whether by day or night, the fog-signals described below shall be carried and used, and shall be sounded at least every five minutes, viz. :- (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. Two Sailing-ships Meeting. 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. Two Sailing-ships Crossing. Two sailing ships meeting; Art. 12. When two sailing-ships are crossing so as to involve risk Two sailing of collision, then, if they have the wind on different sides, the ship ships crossing. 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. Two Ships under Steam Meeting. 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. Two Ships under Steam Crossing. 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. Two ships under steam meeting; Two ships under steam crossing. Sailing-ship and Ship under Steam. 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. Ships under Steam to slacken Speed. 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. Vessels overtaking other Vessels. Art. 17. Every vessel overtaking any other vessel shall keep out of the way of the said last-mentioned vessel. Construction of Articles 12, 14, 15, and 17. 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 :— Proviso to save Special Cases. 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. No Ship under any circumstances to neglect proper Precautions. 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. APPROVED, April 29, 1864. K. Order in Council extending Sailing Regulations to ships of the United States when navigating the inland waters of North America, whether within British Jurisdiction or not. The extending of the foregoing regulations to other countries will be found in the Orders in Council referred to in Appendix to Lushington's Admiralty Reports, 72-8, and in Appendix to Browning and Lushington's Reports, p. 482. See also post, N. The Order in Council, dated 30th November, 1864, after reciting "The Merchant Shipping Act Amendment Act, 1862," and Orders in Council, 9th January, 1863, and 27th August, 1864, proceeds as follows: "And whereas the said Government of the United States of America have expressed a desire that the said Regulations should be made to apply to ships navigating the inland waters of North America, and that they should apply to ships of the United States navigating such waters when beyond the limits of British jurisdiction: "And whereas by an Act passed by the Legislative Council and Assembly of Canada, assented to on the 30th of June, 1864, and entitled 'An Act to amend the law respecting the navigation of Canadian waters,' after reciting that it would tend to the greater security of life and property in vessels navigating Canadian waters, that the same rules of navigation and the same precautions for avoiding collisions and other accidents as were then adopted in the United Kingdom, and in other countries, should also be adopted in Canada, it was enacted that on and after the first day of September, 1864, the rules contained therein with respect to lights, fog signals, steaming and sailing, should apply to all the rivers, lakes, and other navigable waters whatsoeyer within the province of Canada or within the jurisdiction of the Legislature thereof: "And whereas the said rules so referred to are the same as the regulations appended to the said Order in Council, bearing date the 9th January, 1863, except that they are not entitled Regulations for preventing collisions at sea; and whereas the same are also appended to this order: "Now, therefore, Her Majesty, by virtue of the power vested in her by the said 'Merchant Shipping Act Amendment Act, 1862,' and by and with the advice of her Privy Council, is pleased to direct that the said regulations appended to this order, shall apply to ships belonging to the United States of America when navigating the inland waters of North America whether within British jurisdiction or not." * * MEM. By the Act of Dominion Parliament, post, M, the above-mentioned Act of the Provincial Legislature of Canada is repealed, and by reenactment these regulations are extended to and prevail throughout all the waters of the Dominion. L. 27 & 28 VICT. CAP. 14. An Act respecting investigation into Shipwrecks. Legislature of Canada. [30th June, 1864.] WHEREAS it is expedient to make provision for ensuring a more efficient system of investigation into cases of shipwreck occurring within the limits of the Province of Canada, either in the Gulf of Saint Lawrence, or in the River St. Lawrence below the harbour of Montreal: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall be lawful for the Governor in Council, upon any occasion which to him may seem fit and expedient, to nominate and appoint any competent person or persons to be a court or tribunal duly authorized to make enquiry into the causes of shipwrecks, as mentioned in the preamble to this Act, and to make report thereon to the Governor in Council. 2. Such court or tribunal shall have the power of summoning before them any persons, and of requiring them to give evidence on oath, orally or in writing (or on solemn affirmation, if they be parties entitled to affirm in civil matters), and to produce such documents and things as such court or tribunal may deem requisite to the full investigation of the matters into which they are appointed to examine, and such court or tribunal shall have the same power to enforce the attendance of such witnesses and to compel them to give evidence, as is vested in any Court of Law in civil cases; and any wilfully false statement made by any such witness on oath or solemn affirmation, shall be a misdemeanor punishable in the same manner as wilful and corrupt perjury; but no such witness shall be compelled to answer any question by his answer to which he might render himself liable to a criminal prosecution. 3. And whereas it is enacted by the two hundred and forty-second section of the Act of the Imperial Parliament, passed in the session thereof held in the seventeenth and eighteenth years of Her Majesty's reign, chapter one hundred and four, intituled "An Act to Amend and Consolidate the Acts relating to Merchant Shipping," that the Board of Trade may suspend or cancel the certificate (whether of competency or service) of any master or mate of the Merchant Service, in certain cases, one of which cases, set forth in sub-section five of the said section, is as follows:-" If upon any investigation made by any court or tribunal authorized or hereafter to be authorized by the legislative authority in any British possession, to make inquiry into charges of incompetency or misconduct on the part of Sect. 23 of 26 Vict. c. 63 masters or mates of ships, or as to shipwrecks or other casualties affecting ships, a report is made by such court or tribunal to the effect that he has been guilty of any gross act of misconduct, drunkenness, or tyranny, or that the loss or abandonment of, or serious damage to any ship, or loss of life, has been caused by his wrongful act or default, and such report is confirmed by the governor or person administering the government of such possession;" And whereas it is further in effect enacted by the twenty-third section of the Act of the Imperial Parliament, passed in the session thereof held in the twenty-fifth and twenty-sixth years of Her Majesty's reign, chapter sixty-three, that the power of cancelling or suspending the certificate of a master or mate conferred by the above cited two hundred and master or mate. forty-second section on the Board of Trade, shall in future vest in and be exercised by the court or tribunal by which the case is investigated or tried; Be it hereby further enacted, that such court or tribunal authorised to be appointed by this Act, shall be held to be in all respects a court or tribunal under the hereinbefore cited sub-section of the aforesaid Imperial Act. 4. Every member of such court or tribunal so appointed as aforesaid, before entering upon his duties as such, shall take and subscribe an oath before one of Her Majesty's justices of the peace, well, faithfully and impartially, to execute the duties assigned to him by this Act. Power to cancel certificate of Such Court to be a Court under the said Imp. Act. Members to take oath of office. M. 31 VICT. CAP. 58. [22nd May, 1868.] An Act respecting the Navigation of Canadian Waters. Dominion of Canada. WHEREAS the following rules of navigation and regulations for Preamble. preventing collisions between vessels, being those in use in the United Kingdom and other countries, were adopted in the late Province of Canada in the year one thousand eight hundred and sixty-four, and have since continued and do still continue in force there under the Act of the Parliament of the said late Province hereinafter mentioned; and whereas it is expedient and highly desirable that the same rules and regulations should be extended to and prevail throughout all the waters of the Dominion of Canada, and that for that purpose the said Act should be repealed and reenacted therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act shall come into force on the first day of September Commencenext after its passing; and on and after the said day, the Act of the ment of Act. |