lations; but there is no doubt that a material infringement of them will, unless excused by special circumstances, be held to be negligence contributing to a collision. A bye-law made under a local Act required ships coming into the Tyne to keep on the north side of the river. The Raithwaite Hall, coming in from the sea in a thick fog, was in collision, on the south side of the river, with a vessel bound out. In the absence of proof of negligence on the part of the latter, The Raithwaite Hall was held to be in fault for the collision (k). In this case Sir R. Phillimore said, with regard to the effect of local rules: "There should, however, be no misunderstanding as to the effect of these and similar bye-laws governing the navigation of a river. It cannot be held that, because they or any of them are disobeyed, the vessel disobeying them is therefore to be held to blame. They are only evidence of what it is the duty of a vessel to do under the circumstances named in the particular bye-law. As such evidence, however, they are an important element in every case that comes within their provisions; and if it should appear that by the breach of one of them a ship has occasioned or contributed to a collision, the existence of such a bye-law would afford the very strongest reason for holding that the ship had been guilty of a breach of duty and was to blame for the collision" (l).

Art. 25.

The words of Article 25 are very wide, and appear to Effect of local negative the operation of the general Regulations in all rules in foreign waters at home or abroad where they conflict with rules

duly made by local authority." But it seems that, under the Regulations of 1863, local rules as to ships' lights in foreign waters were not binding on British ships (m).

(k) The Raithwaite Hall, 2 Asp. Mar. Law Cas. 210.

() As to the obligation to obey local rules, see The Henry Morton, 2 Asp. Mar. Law Cas. 466; The Iron Duke, Holt, 227; The Peerless, Lush.

30; 13 Moo. P. C. C. 484: The
Smyrna, 2 Mar. Law Cas. O. S. 93.
(m) The William Hutt, cited in
Lowndes on Collision, 187; The
Michelimo and The Dacca, P. C.,
May, 1877.

waters.

Art. 25.

Local rules.

Local rules are in force in the Thames, the Mersey, the Clyde, the Tees, the Tyne, and at Belfast, Dublin, and Cork. In the case of the Thames and some other waters the local rules are nearly identical with the general Regulations. The rules will be found in the Appendix, infra.

Difficulties arise in some cases where the local rules are not consistent with the general Regulations; but it appears that in the waters in which they are in force the local rules must be obeyed without regard to the general Regulations, if the latter conflict with them. Previous to enactment of the existing bye-laws there was no bye-law in force in the Thames requiring sailing-ships to carry lights. A Trinity sailing ballast lighter having been run down in the river when carrying no lights, it was held that, not being a seagoing vessel, she was not required by the general Regulations to carry lights, and that she was not required to carry them under the local rules, there being no bye-law on the subject (n). Sir R. Phillimore expressed an opinion that the power of the Conservators did not enable them to make bye-laws for seagoing ships, and their powers applied to river craft only. It seems, however, that the existing byelaws are binding on all ships in the Thames.

Vessels navigating the sea channels at the mouth of the Mersey are required to keep on the starboard side of the channel; and vessels at anchor in those channels are required to exhibit a second riding light at the mizen-peak (o).

By 25 & 26 Vict. c. 63, s. 32, Her Majesty has power to make regulations for rivers and inland waters where they cannot be made under any local Act. Under this power rules have been made for the Mersey (p) and for some of the Lancashire inland navigations (q).

(n) The C. S. Butler, L. R. 4 A. & E. 238. In America there are in force special rules as to steam-ships' lights, some of which appear to be inconsistent with the international Regulations.

(0) 37 & 38 Vict. c. 52. See Appendix.

(p) See Order in Council of 27th June, 1866.

(q) See two Orders in Council of 18th May, 1870.

By 10 & 11 Vict. c. 27, dock and harbour authorities have power to make such regulations; and by 28 & 29 Vict. c. 125, in dockyard ports the Queen's harbour-master has a similar power. Under the last-mentioned Act regulations have been made for Queenstown, Deptford, Woolwich, Portsmouth, Plymouth, Pembroke, and Portland (r). There are special rules for the navigation of the Danube (8) and for the Suez Canal (t).

It appears that where the local rules do not conflict with the general rules the latter are supplementary to the local rules. Local rules, though not made by any competent authority, may, by long usage and well-recognised practice, obtain the force of law. The obligation to obey such a custom of the river was upheld by the Privy Council in The Fyenoord. That case was decided under s. 297 of 17 & 18 Vict. c. 104, by which it was enacted, in effect, that vessels going up the Thames should keep on the north or starboard side. The Fyenoord, a foreign ship, was navigating on the south side and came into collision with a vessel bound down. It was held that, even if the statute was not binding on foreign ships, a custom had emanated from the statute that ships should navigate in accordance with it, and that The Fyenoord was to blame for transgressing the custom (u).

ARTICLE 26.

Art. 25.

Art. 26.

Nothing in these rules shall interfere with the operation of any special rules made by the Government of any nation Special lights with respect to additional station and signal lights for and convoys. for squadrons

(r) See Orders in Council of 29th Feb. 1868, and 29th June, 1878.

(s) See Parl. Pap., No. 29, of 1878 (Turkey); as to former rules for the Danube, see The Smyrna, 2 Mar. Law. Cas. O. S. 93; Orders in Council of 6th January, 1862; 21st

March, 1863.

(t) The substance of these rules will be found in the Appendix.

(u) The Fyenoord, Swab. Adm. 374; see also, as to local custom, The Smyrna, 2 Mar. Law Cas. O. S. 93.

Art. 26.

two or more ships of war, or for ships sailing under convoy.

This Article is entirely new. Her Majesty's ships were not technically bound by the Regulations of 1863, nor, probably, are they by those of 1880. But Regulations exactly in accordance with them being issued by the Lords of the Admiralty, Her Majesty's ships are practically, in case of collision, before the law, in the same position as other ships (x).

(x) H.M.S. Topaze, 2 Mar. Law Cas. O. S. 38; H.M.S. Supply, ibid. 262. And see Art. 1001 of the

Queen's Regulations for the Navy, of 1879.

APPENDIX.

25 & 26 Vict. c. 63, ss. 25—33, and 54—60.

S. 25. On and after the 1st day of June, 1863 (a), or such Enactment of later day as may be fixed for the purpose by Order in Council, Regulations concerning the Regulations contained in the Table marked (C) in the Lights, FogSchedule hereto shall come into operation and be of the same Signals, and force as if they were enacted in the body of this Act; but Her Sailing Rules in Schedule, Table (C). Legislation as