✨ Merchant Shipping Act Rules




268

CXXCVIII. If Collision ensues from Breach of the above Rules, Owner not to be entitled to recover.

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 hereinafter 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.

Breaches of such Rules if imply willful Default.

CXXCIX. 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 willful 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.

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Online Sources for this page:

VUW Te Waharoa PDF Wellington Provincial Gazette 1858, No 28





✨ LLM interpretation of page content

πŸš‚ Rules for Exhibition of Lights and Fog Signals (continued from previous page)

πŸš‚ Transport & Communications
Merchant Shipping Act, Collision, Lights, Fog Signals, Shipping Regulations

πŸš‚ Liability for Collision due to Rule Breaches

πŸš‚ Transport & Communications
Collision, Liability, Shipping Rules, Damage, Court Proceedings