In England, the custom is to keep to the left, in passing. In the United States, the custom is to keep to the right, in passing. At common law, if a carriage coming in any direction leave sufficient room for any other carriage to pass on their proper side of the way, it is a sufficient compliance with the law of the road. By the statutes of several of the States, whenever any persons travelling with any carriage or other conveyance shall meet on any turnpike-road or public highway, the persons so meeting shall seasonably turn their carriages to the right of the centre of the road, so as to permit such carriages to pass without interference or interruption. Each party is to keep to the right of the centre of the road, although it may be more difficult for one party to turn out than for the other. This rule is strictly enforced.

2. It is not the centre of the smooth or most travelled part of the road which is the dividing line, but the centre of the worked part, although the whole of the smooth or most travelled part may be upon one side of that centre. Where the road is clear, the traveller may go on either. side he chooses. Where parties on the road meet suddenly, and a collision ensues, the party driving on the wrong side of the road must answer for the damages, unless the other party, by the want of ordinary care, contributed to produce the injury. If the party injured did not exercise ordinary care, and yet did not, by the want of it, contribute to produce the injury, he may recover.

3. A carriage passing a foot-passenger may go on either side of the road. A foot-passenger has a right to cross

1. What is the duty of the carrier of passengers, and of all other travellers upon the highway? What is the custom in England? What is the custom in the United States? What is a sufficient compliance with the law of the road, according to the common law? What is the statute law on this subject, in most of the States? To the right of what part of the road is each party to keep? Is this rule strictly enforced? 2. What part of the road is meant by the centre? Where the road is clear, on which side may the traveller go? Where parties on the road meet suddenly, and a collision ensues, and one party is driving on the wrong side of the road? If the party injured did not exercise ordinary care, and yet did not, by the want of it, contribute to produce the injury?

the carriage-road, and a person driving a carriage on it is liable to an action if he does not avoid driving against him. If the person driving the carriage cannot avoid driving against the foot-passenger, because his reins broke, that will be no defence, for he is bound to have a harness of sufficient strength. Where a child, of such tender age as not to possess sufficient discretion to avoid danger, is permitted by his parents to be in a public highway, without any one to guard him, and is there run over by a traveller and injured, no action can be maintained against the traveller, unless the injury arose from culpable negligence on the part of the traveller.

4. When boats meet on canals, it is the duty of the master of each to turn his boat to the right hand, so as to be wholly on the right side of the centre of the canal. This is substantially the law of the road, and in case of collision the right of action depends upon the same principles. If both parties are equally in the wrong, neither can maintain an action against the other. There is no legal injury, where the loss is the result of the common fault of both parties.

5. The carrier of passengers is bound to observe his advertised regulations in respect to stopping for refreshments, rest, or other purposes on the way. The passenger is presumed to take his passage with an understanding, from which the law implies an agreement, entitling him. to the accommodations offered.

3. If a carriage passes a foot-passenger? What right has the footpassenger? When is the person driving a carriage liable to an action by a foot-passenger? If his reins break? If a child of such tender age as not to possess sufficient caution or discretion to avoid danger, is permitted by his parents to be in a public highway, without any one to guard him, and is there run over by a traveller?

4. When boats meet on a canal, what is the duty of the master of each? What law is this, substantially? In case of collision, in which is the right of action? If both are equally in the wrong? When is there no legal injury?

5. What is the carrier of passengers bound to observe? With what understanding is the passenger presumed to take his passage?

CHAPTER LXXVII.

TRAVEL ON THE HIGHWAY OF NATIONS.

1. THE general duty of the master of a vessel is to exercise due skill, care, and diligence in the navigation of his vessel. He is to hang out a light of warning, where that is the most appropriate. He must follow the recog nized mode of exercising the requisite care. He is bound to keep a vigilant look-out, and to use all proper precaution to avoid and prevent accident.

2. When two vessels are approaching each other, the one which is sailing before the wind, must get out of the way of the one sailing against it. When two vessels are sailing before the wind, having the wind equally free, and the power of readily controlling their vessels, when they approach each other, the vessel on the larboard tack must give way. The larboard is the left-hand side of the ship when a person stands with his face towards the prow. The opposite side is called the starboard side. The vessel to windward is to keep away, when both are going the same course in a narrow channel, and there is danger of collision. Steam-vessels are bound to keep out of the way of sailing-vessels.

3. The first law which is applicable to all cases, and under all circumstances, is that every vessel shall keep clear of every other vessel, where she has the power to do

1. What is the general duty of the master of a vessel? What lights is he to hang out? What is he to follow? What is he bound to do? 2. When two vessels are sailing towards each other, one before the wind, and the other against it? When two vessels are sailing before the wind, having the wind equally free? What is the larboard tack? What is the opposite side called? When two vessels are going the same course in a narrow channel, and there is danger of collision? What is the rule as to steam-vessels?

3. What is the first law, applicable to all cases and under all circum

so, notwithstanding the other may have taken a course not conformable to established usage. We can scarcely imagine a case in which it would be justifiable to persist in a course after it had become evident that a collision would ensue, if by changing such course a collision would be avoided. The usages of the sea, which have grown up like the common law, and been from time to time recognized by the courts, must be observed by all nautical men as rules of authority. Whether recognized in the adjudicated cases, or resting merely on oral tradition, the violation of them is evidence of a want of good seamanship, raising a presumption against the vessel violating the usage.

4. The Trinity House regulations are of authority, as recognizing the existing law of usage and custom. The decision of a court is higher evidence, but still only the evidence of what the law is. An accidental collision may happen without blame to either party, as when the collision occurs in a violent storm. In that case, the loss must be borne by the party on whom it happens to fall. A collision may happen where both parties are to blame, as where there has been a want of due diligence on both sides. According to the English and American decisions, if there be fault or want of care on both sides, or if both sides be without fault, neither party can recover against the other. By the Roman law, the loss would be apportioned between the parties. The collision may happen by the misconduct of the party injured. The party upon whom the loss falls, must bear the loss. It

stances? When is it never justifiable to persist in a course? What must be observed by all nautical men, as rules of authority? Whether these usages are recognized in adjudicated cases, or rest merely on oral tradition, of what is the violation of them evidence?

4. What do the Trinity House regulations recognize? Of what are the decisions of courts evidence? Can a collision happen without the fault of either? In this case, who sustains the loss? If both parties are chargeable with blame, or both are innocent, who are liable in England and America? What was the Roman law in such cases? If the collision happened by the misconduct of the party injured? If the collision happened through the fault of the vessel uninjured?

may be the fault of the vessel uninjured. In this case, the injured party may recover damages from the other party.

5. It is the duty of the master of the vessel to take care that the vessel be "tight, staunch, and seaworthy" at the commencement of each voyage; that she be appropriately furnished with tackle and apparel necessary for her safe navigation. He must sail at the time appointed, and in the manner approved by skilful navigators. He must pursue the direct course of the voyage, without deviation. He must, as far as possible, bring his vessel through the perils of the sea safely into port.

6. For the proper discharge of his difficult duties, it is necessary that the master be a person of experience and practical skill in the art of navigation; that he possess the intellectual and moral power of commanding and governing his vessel; that he be clothed with authority to meet and cope with the dangerous vicissitudes of the voyage, to the best advantage. For this purpose, while at sea, he has something like a dictatorial and autocratic. power in the government of passengers, as well as crew, to the end that he may properly control the movements of the vessel.

5. What is the first duty of the master of a vessel? With what must the vessel be furnished? When should he sail? In what manner? What course must he pursue? Through what must he bring his vessel safely?

6. For the purpose of discharging his difficult duties, what knowledge must the master possess? What intellectual and moral power? With what authority is he clothed? What does his power, while at sea, over the passengers and crew, resemble? For what purpose?