(91)

THE FOLLOWING ARE THE ENACTMENTS HAVING REFERENCE
TO THE ABOVE REGULATIONS.

"THE MERCHANT SHIPPING ACT, 1854,"
(17 & 18 Vict. Cap. 104.)

Lights and Fog Signals, and Meeting and Passing.

CCXCV. The following Rules shall be observed with regard to Lights and Fog Signals; (that is to say,)

(1.) The Admiralty shall from time to time make Regulations requiring the exhibition of such Lights, by such classes of Ships, whether Steam or Sailing Ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter, or vary the same :

(2.) The Admiralty may, if they think fit, make Regulations requiring the use of such Fog Signals, by such classes of Ships, whether Steam or Sailing Ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter, or vary the same :

(3.) All Regulations, made in pursuance of this Section shall be published in the London Gazette, and shall come into operation on a day to be named in the Gazette in which they are published, and the Admiralty shall cause all such Regulations to be printed, and shall furnish a copy thereof to any Owner or Master of a Ship who applies for the same, and production of the Gazette containing such Regulations shall be sufficient evidence of the due making and purport thereof :

(4.) All Owners and Masters shall be bound to take notice of the same, and shall, so long as the same continue in force, exhibit such Lights, and use such Fog Signals, at such times, within such places, in such manner, and under such circumstances as are enjoined by such Regulations, and shall not exhibit any other Lights or use any other Fog Signals, and in case of default the Master or the Owner of the Ship, if it appears that he was in fault, shall for each occasion upon which such Regulations are infringed incur a Penalty not exceeding Twenty Pounds.

CCXCVI. Whenever any Ship, whether a Steam or Sailing Ship, proceeding in one direction, meets another Ship, whether a Steam or Sailing Ship, proceeding in another direction, so that if both Ships were to continue their respective courses they would pass so near as to involve any risk of a collision, the helms of both Ships shall be put to Port so as to pass on the Port side of each other; and this Rule shall be obeyed by all Steam Ships and by all Sailing Ships whether on the Port or Starboard tack, and whether close-hauled or not, unless the circumstances of the case are such as to render a departure from the rule necessary to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of navigation, and, as regards Sailing Ships on the Starboard tack close-hauled, to the keeping such Ships under command.

CCXCVII. Every Steam Ship, when navigating any narrow channel, shall whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the Starboard side of such Steam Ship.

CCXCVIII. If in any case of collision it appears to the Court before which the case is tried that such collision was occasioned by the non-observance of any rule for the exhibition of Lights or the use of Fog Signals issued in pursuance of the powers herein-before contained, or of the foregoing rule as to the passing of Steam and Sailing ships, or of the foregoing rule as to a Steam Ship keeping to that side of a narrow channel which lies on the Starboard side, the owner of the Ship by which such rule has been infringed shall not be entitled to recover any recompense whatever for any damage sustained by such Ship in such collision, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the rule necessary.

CCXCIX. In case any damage to person or property arises from the non-observance by any Ship of any of the said rules, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of such Ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the rule necessary.