in the 23rd rule which prevents the 22nd rule, under the cir-
cumstances, from applying " (r). And again (p. 146): —
" They may be approaching so as to involve risk of coUision,
and then their duty is to pass port side to port side ; and,
therefore, it is not true that whenever the 23rd rule applies
the 22nd does not. Neither is the converse true. The truth
is, they are independent rules, and that it depends on circum-
stances whether the 22nd rule applies after the 23rd rule has
been applied, or not."
It was contended in the same case that the true construction
of the words in Rule 23 as to waiting until other ships pass
clear is that the vessel navigating against the tide shall wait in
the slack water under the point. This, said Brett, L. J., is not
the true meaning of the rule : — " All that the 23rd Rule says
is that when it is likely they (the ships) may meet on the
point, the vessel which is going against the tide shall wait. I
think the meaning of that is, that she shall so far check her
speed as to prevent her coming up to the point at the same
time when the other vessel would come there."
As to the meaning of the words in Rule 23, " until any
other vessels rounding the point with the tide have passed
clear," Brett, L. J., and Cotton, L. J., differed. The former
(/•) PtT Brett, L. J., 6 r. D. 139, 145 ; and see The Margaret, 9 P. D.
47, 50.
J)EC1S10NS UPON THE TJIAMES RULES. 087
thouglit they meant clear of eacli otlier, the latter clear of the Local rules
point. (Thames).
The effect of liulo 2.3 of tin; Tliumes liukvs was ap:aiu dis- Rule 23.
cussed in The Maryarct. The steamship Clan Sinclair, of '^'^'^ Margaret.
1,911 tons nott, and .355 feet in lengtli, canio out of the South
AVest India Duck, which is on the noilli side of tlie Thames,
about where the curve round JUackwall Pcjint, wliicli is on
the south side, begins, and prepared to navigate down the
river amiinst a flotjd tido with tlio assist mih'c of a tu<r. Slie
appears to have been about mid-clianiiel wlien The Muryaret,
a small steamship, Avas seen coming up about a third of a
mile olf, just going to round Blackwall Point. Tho engines
of 2'he Clan Sinclair, whicli were then going easy, were
stopped and reversed, and the tug cast off. The Margaret
struck The Clan Sinclair on her starboard side. It Avas con-
tended that The Clan Sinclair was in fault for breaking the
23rd of the Tliames liules. It was held by IJutt, J., that the
liule contemplates two vessels in different reaches sighting
each other across the point, or at any rate at a time when
each is in a different reacli. In such circumstances, and when
it is likely that the ships will meet "on" the point, the Rule,
as explained b}' ]^rett, L. J., in The Libra [s), requires tho
vessel navigating against the tide to wait until the other has
passed clear of lier. Accepting this interpretation of the
Eule tho learned judge held that The Clan Sinclair and
The Margaret never were in the position to Avhich the Uule
applies. This decision as to the construction of Eule 23 was
reversed on appeal (<). The Court of Appeal held that the
Kule a2i[»lies Avhere one vessel is on or off the point when she
first sees the otlier ; and that T'he Libra is not an authority
to the contrary. Her duty when in such a position under
Rule 23 is "to remain as nearly as she can in the same place
witli respect to her course up and down the river" (?/). The
" point" mentioned in the liule was defined to be not merely
the apex or pitch of the point ; it " begins where the vessel,
whether proceeding up or down, and having to go round,
Avould, if notliing were in tho way, have to use its steerage
power for the purpose of continuing in a proper course, and
it ends where the necessity for using that power ceases."
The words "before rounding" Avere con>trued in a similar
sense, referring to the time during which she is under the
action of her helm by reason of tho point.
The Margaret was taken to tho Ilouse of Lords, where the
decision of the Court of Appeal was reversed and that of
Butt, J., restored (x). The decision of tlie House of Lords
(a) 6 P. D. 1.39, 145. (w) Fcr Brett, M.R., 9 V. D. 10.
{() 9 r. 1). 17. (.<•) 9 Api). Cas. 87:i.
588 API'EN'DIX.
Local rules proceeded upon the ground that, even assuming that the
(Thames). construction ])hiced upon liiile 23 by the Court of Appeal was
Rule '23. correct, and that 'lite Clan Sinclair had transgressed the rule,
3'et since the transgression of the rule did not contribute to
the collision, and since The Manjaret could by ordinary care
have avoided the collision, she (77/e Marcjaret) was alone in
fault. In the House of Lords a point was raised as to the
apijlication of Eule 23 which had not been raised in either of
the Courts below. It was contended that the heading which
precedes Eule 17 of the Thames Eules limits the application of
Eule 23 to that part of the river which lies between Blackwall
Point and Yantlet Creek ; and that. The Clan Sinclair being
at the time of the collision above Blackwall Point, the rule
(lid not apply to her. The contention of the api^ellants upon
this point was not upheld. Eule 23, therefore, ajiplies to a
vessel about to round Blackwall Point on her outward voyage,
though she is above (to northward and westward of) a lino
drawn from the Point to Bow Creek.
As to the true construction of Eule 23, the Lords (Lords
Blackburn, Watson and Fitzgerald) gave no decision. Lord
])lackburn dissented from the opinion expressed by Butt, J.,
that "the meaning of the rule was that the vessels which
were in the straiglit, or nearl}- straight, reach, before they
began to turn at all, were to wait there until all vessels that
might be seen across the land coming in the opposite direc-
tion had passed." The effect of that would, he thought, be
very inconvenient and hamper the navigation of the river very
mi ch. The fair meaning of the rule was, he suggested,
" that you begin to round when there is so much curving and
rounding of the river that the vessels going down the river
begin to turn round the land; they then begin to round, and
v\hen they have come so far down that the curving of the
river ceases and they go straight, they then cease to round."
He considered that the moutli of the South-West India Dock
is above the place at which Eule 23 begins to apply.
The direction in Eule 23 to ease and wait is a question of
degree. It does not mean that the ship's way is to be stopped
to the extent of losing control over her (?/) ; it means that she
shall proceed at a slower pace than ordinary for the purpose
mentioned in the rule (::).
Rule 21. The eifect of Eule 24 has been recently discussed in two
cases. In llie Schwann{a) it was held by Butt, J., to apply
to a vessel, which having been at anchor with her head down
[y) Per Lord Blackburn, 9 App. (~) Ptr Lord Watson, ibid. p.
Cas. 880. 885.
{ri) 6 Asp. M. C. 409.
DECISIONS UPON THE THAMES RULES. 589
the river, was getting under way and turning witli ]ior liead Local rules
athwart the tide fur the purpose of pursuing her voyage up ('fli:»i"ew).
river oq the flood tide. la The River Dcrwent{h) it was held I^"le» 24, 25.
by the Court of Appeal, that a vessel which had been pro-
ceeding up river on a fljod tide, and on the soutli side of mid-
channel, and was turning across the river witli her anchor
dredging for the purpose of getting head to tide did not
cease to be a crossing ship so long as she was moving towards
the nortli shore. In the opinion of the maj(uity of the Court
(Lindley and Lopes, L.JJ., agreeing with the Nautical As-
sessors) a vessel becomes ''a crossed ship" as soon as she is
as far across the river as she can go in safet}-, even though she
is still angling athwart the stream; but Lord Esher, M. I{.,
expressed a contrary opinion on this point. When Eule 24
becomes applicable to a vessel, Rule 25 becomes applicable to
vessels approaching her up or down river (c).
The decisions in The Orwell, The Ostrich, The Indian Chief,
The A(juadiHana, Perkins v. Ginycll, Golds))iitli v. Sluitcn/, The
City of Delhi, The Rose of Knyland, The Lonij Newton, Jiolles v.
Newell, Elmore v. Hunter, and The Skerryvore are noted above
in connection with the rules to which they relate.
TEENT. {See Humber.)
TYNE.
The river Tyne bye-laws of 1.5tli November, 1884, are made under the (Tyne).
River Tyne Improvement Acts, and the Acts incorporated thercwitli.
(See the Tyne Improvement Acts of ISoO, 1852, 1857, 1859, ISGl, 1865,
and 1877 ; the Harbours, Docks, and Piei's Clauses Act, 1847.) They
provide for (5) the mooring of vessels under the harbour-master's orders ;
anchors not to be let go; (6) dismantling; (7) anchors to be on deck or
hung from hawse-pipe ; (9) one vessel only to lie at a staith ; (10) vessels
not to lie between tiers ; (11) steamers moored not to move engines. The
rule as to steamships' lights {VI) is the same as Art. 3 of the Sea Regu-
lations, except as to steamships without foremast, which may carry the
masthead light on a staff, as in the Tees Rules {supra, p. 572) ; (13) steam-
ships towing to carry a second light on the foremast or staff ;
(14) steamships and sailing ships being towed and steamships under sail
to carry side lights only; (15) stern light to be shown to overtaking
ship ; ^IG) vessels at anchor, outside vessel of tier, and any other vessel
(*) 6 Asp. M. C. 4C7. (e) See the cases last cited.
590
APPENDIX.
Local rules so ordered by harbour master, to show riding light ; rafts and open boats
(Tyne). to show either red and green side lights, or lantern with red and green
slide ; (18) fog signals, as in the Sea Regulations.
As to Navigation.
19. Every vessel under way shall, when proceeding seaward,
be kept to the south of mid-channel, and when proceeding
inward from sea or up the river, to the north of mid-channel,
aud so that in either case such vessel shall, with a port helm,
always be and be kept clear of any vessel proceeding in the
opposite direction.
20. Every steam or other vessel (whether towing any other
vessel or not, or being towed) shall, unless prevented by stress
of weather, be brought into port to the north of mid-channel,
and be taken out of port to the south of mid-channel {d), {e).
21. ( I'^essel necessarily on ivrony side of river not to obstruct
other vessels ; to cross to right side as soo?i as possible (e).)
22. ( T^essel crossing or turning in the river not to cause ob-
struction (e).)
23. When steam vessels proceeding in opposite directions
are approaching each other they shall be kept on their proper
sides, and, if necessary, speed shall be slackened, the vessel
going against the tide in all cases giving way to the one going
with the tide ; and when steam vessels are approaching each
other so as to involve risk of collision, their helms shall be put
to port, and, if necessary, their engines shall be stopped or
reversed.
24. When any steam vessel (except a steam vessel when
towing sailing vessels) is approaching any sailing vessel or
steam-tug with sailing vessels in tow proceeding in the opposite
direction, the speed of such steam vessel shall, if necessary, be
slackened when it is within 30 yards of and until it shall have
passed the sailing vessel or steam tug and towed vessels.
25. Sea-going steam vessels shall not be navigated in the
port above the Low Lighthouse at a greater speed over the
ground than six knots or seven statute miles per hour, whether
going with or against the tide.
26. {T'cssels not to cause risk of collision.)
27. [>Stea7nship unable to keep out oj' the ivay of sailing ship to
{'/) This means that a vessel
eoniing in from sea must not cross
the entrance close to the pier heads.
The Hnrvent, 11 P. D. 14.
(e) These rules do not make a
crossing vessel responsible, what-
ever the circum^tances may be, if
she comes in contact with another
vessel which is on the side of the
river pi'escribed for her navigation.
A vessel may legitimately cross the
river whenever it is reasonably safe
to do so, and it is the duty of other
vessels j^roceeding up or down the
river to use the ordinary precau-
tions for avoiding collision with
her. The Theijord, 6 Asp. M, C.
179.
!,()( AI, lU'LF.S. 59 1
sound four hla.sls uj' two seconds duration; tlioi salUnfj ship (o Local rules
keep out of tvaij.) (Tyne).
28. Every suiliug or steam vessel overtakiug any other
vessel shall be kept out of the way of tho overtakcju vossel,
which shall be kept on her course, an<l no oh.struction fshall bo
wilfully caused by the overtaken vessel to the passag'o of tho
overtakiii<;- vessel ; and any vessel having- ])assed another shall
not cross tho bows of the passed vessel until at such a distance
as wiU not necessitate the stopping or easing of the passed
vessel to avoid collision.
yO. [Scope of tow-line, except to eastward of Low Lii/hthouse,
North 6'hields, not to exceed twenty fathoms.)
31. [Not more than one vessel exceeding '200 tons to be toiocd
hy same tug.)
.'32. [Length of train of vessels in tow not to exceed 450 feet
from stern of tug ; vessels not to be toired abreast ; rafts not to
exceed 2oO feet by AQ feet.)
33. [Not more than six heels, wherries, or boats to be towed at
once.)
34. [Two tugs towing same vessel not to be more than 100 feet
apart, or, if towing abreast, more than 40 feet.)
35. [Vessels not to drift; oj^ dock entrances vessels watting
admission to keep out of fairway.)
37. ( J'essels to have anchor ready to let e/o.)
39. Every vessel under way wlieu overtaken by a fog shall
be navigated at a very moderate speed, and shall, as soon as
practicable, be moored or anchored out of the navigable
channel. Vessels shall not, without the permission of the
harbour-master, be got under way during a fog.
40. [Engines to go dead slow 100 yards before reaching, and
fifty yards after passing, diving and other craft of the Commis-
sioners.)
41. [And within 100 yards of loreck-removing craft.)
42. [A red fiag or red light to be shown on dredgers on side
tvhere chains are taut. Vessels to pass on other side.)
43. (Also tvhere no passage betiveen dredger and shore.)
44. ( Vessels not to moor at Commissioners'' white buoys.)
47. [Tug to attend vessel in tow till moored.)
48. [Engines not to move within fifty yards of boat coining
alongside.)
592 APPJb;^'I)lx.
WATERFORD.
Waterford. See London Gazette for 1886, Vol. II., p. 5147, for Bye-laws of 10th
November, 18MG.
A notice dated 16th November, 1886, issued by the Commissioners,
states that there are no local ruins reffulating' the passing or overtaking
of one vessel by another in the port and harbour of Waterford.
The bye-laws apyjly to the river Suir from Granagh Castle to the Hook
Lighthouse, including all the space between the junction of the Ross
River with the river Suir and the Hook Lighthouse, and from Bilberry
Rock to Swing Head, in the County of Waterford, including St.
Katherine's, commonly called St. John's Pill. They are substantially
identical with the bye- laws in force in the river Suir above Granagh
Castle. The substance of the last-mentioned bye-laws is set out
above (/).
(/) Supra, p. 572.
INDEX.
Abandonment,
liability of owners after, 96.
of the other ship after collision, 60, 60.
by crew, of shiji injured in collision, 114, 115.
owners not bound to raise ship sunk in collision, 116.
Abroad, collision, 95, 210, 214.
Accident. See Inevitable Accident.
Action,
in 7'em, 79.
171 personam, cannot bo tacked to action in rem, 317.
in personam, bar to action in rem, 225.
against pilot, 06, 316.
successive actions by sufferers in collision, 106.
against owners resident abroad, 211.
stay of, where action pending elsewhere, 223.
where both ships are foreign, 209.
in rem, where judgment iii personam unsatisfied, 317.
in rem, where damage but no collision, 85.
in rem, docs not lie under Lord Campbell's Act, 122, 144.
or for damage to cargo, against carrying ship, 82.
for limitation of liability, 320.
consecutive collisions, 174.
separate actions for damage to property and person, 316.
Admiralty Jurisdiction,
Hmits of, 209, 325.
damage to property ashore, 326.
for loss of life, 122, 318.
wrong-doer can be sued persoualh", 316.
damage to cargo, 288.
no damage lion in such case, 288.
where there is damage but no collision, 85.
as between tug and tow, 206.
where both ships foreign, 209.
of High Court, 325.
of County Courts, 326.
M. Q Q
594 INDEX.
Alter her course to Starboard (or Port), meaning of expres-
sion, 420, 455.
Alteratio:^ of Course,
in fog, 353, 403, 452.
causing risk, 353.
for greater safety, 353.
America, Law of,
cargo-owners' remedy wliere both ships in fault, 286.
infringement of the Regulations, 64.
inscrutable fault, liability in case of, 158.
limitation of liability, 182.
liability in case of compulsory pilotage, 279.
liability of ship for negligence of those on board, 93.
as to tug and tow, their liabilities, 195.
as to division of loss, 158.
navigation of rivers, 462 seq.
Anchor,
damage by anchor a-cock-bill, 15, 117.
ship dredging with her anchor, 367, 404, 423.
letting go, to avoid collision, 5, 11, 13.
slipping to avoid collision, 27, 508.
letting go, when compidsory pilot in charge, 244, 245.
coming to an anchor, duty of ship, 503.
anchor watch, 427, 506.
riding to a single anchor with other craft to leeward, 502.
insufficient ground tackle, 242, 505.
Anchor, Ship at,
meaning of term, in the Regulations, 378.
burden of proof where one ship is, 31.
collision with, 31, 35, 501.
with ship fast to moorings, 15, 501.
giving a foul berth to, 502.
duty to keep clear of, 35, 501 seq.
in an improper place, 501, 507.
in the track of ferry boat, 409.
on fishing grounds, 504.
fishing boats fast to their nets, 512.
insufficient moorings, 11, 101, 242, 505.
insufficient ground tackle, 242, 505.
precautions to be observed in coming to an anchor, 503.
making fast to another ship, 507.
shifting berth, 506.
duty of, to make snug, 505.
sheering about, 378, 505.
parting of cable or moorings, 11, 101.
INDEX. 595
Anchor, Ship at — co7itimie(l.
slipping-, to avoid collision, 27, 508.
pilot's duty when, 244.
riding lights, Art. 8. .377.
lishing boat's. Art. 10. .380.
Art. 5 does not apply to, 374.
Appeal,
costs of, 335.
from registrar, costs of, 335.
upon question of seamanship, 313.
ArPROAcniNG too close, 349, 356, 516.
Aquilian Laav, shipowners' liability by, 68, 131.
Arrest. See Proceedings in rem.
of cargo to compel payment of freight, 81.
of foreign ship that has injured British property, 211.
of wrong ship, 319, 330.
of ship, to compel owners to appear, 165, 211.
of ship of foreign sovereign, 220.
its connection with limitation of liabih'ty, 165.
by officer of City of London Court, 327.
AsnoiiE,
collision with ship ashore, 5, 27, 35, 96, 517.
ship i)utting herself ashore, to avoid collision, 27.
taking the ground alongside ship, 503.
ship ashore doing damage as she comes off, 25, 517.
negligence of persons ashore causing collision, 173, 177.
duty to light a ship ashore, 96, 361.
whether she is within Art. 5 . . 374.
Assessors,
power to order inspection b}^, 312.
advise Court ujion questions of seamanship, 312.
take no part in the judgment of the Court, 313.
appeal upon matter of pure seamanship, 313.
At Ajn'CUOR. See Anchor, Ship at.
Average Contributiox, collision does not give rise to, 296, 302.
Bail,
damage lien discharged by, 86, 88.
insufficient, 87.
excessive, 87, 338.
foreign sovereign suing in British Court, 222.
cost of bail in salvage action not recoverable, 113.
costs of excessive bail, 338.
Q (I "-i
596 INDEX.
Bailees of ship, may recover for collision, 106.
Bankruptcy,
of owner of wrong-doing ship, 84, 89.
of plaintiff, costs of repairs recoverable, 111.
Barge,
driving with the tide, 11, 16, 519.
damage by barge in charge of licensed waterman, 233.
whether damage lien attaches to, 81, 82.
Barratry,
infringement of the Regulations is not, 286.
collision by negligence is not, within bill of lading, 286.
Beacon, damage by stump of, 97.
Beating out Tacks, duty of ship as to, 477.
Belfast, local rules of navigation for, 560.
Belgium,
law of, as to division of loss, 159.
as to hmitation of liability, 184.
as to compulsory pilotage, 218, 231, 270.
Bell,
to be used in a fog, 395.
Turkish ships do not use, 395.
Berth,
foul, 502.
taking up, in dock, 503.
keeping a berth with a buoy, 507.
Bill of Lading,
meaning of exception of collision in, 283.
effect of other exceptions, 283.
collision by negligence is not barratry within, 286.
Board of Trade,
instructions to surveyors as to lights, 368.
proceedings by, for loss of life, 122, 175.
inquiry by, where loss of life, 122, 318.
none, where wrong-doing sliip is foreign, 223.
opinion of, as to master's and pilot's responsibility, 255, 257.
powers of, to enforce Regulations as to ships' lights, 532.
Boat,
colHsion with, duty to stand by, 63.
iishing boats' lights, Art. 10. .380. See Fishiny Boats.
hand lights for, 380.
application of Eegulaiions to, 344.
INDEX. 597
Bond to stop Arrest,
recovery by surety against co-owners, 324.
liability of master on, 324.
Botto.mky Bondholder on freight, liis riglit when liability
limited, 180.
Bringing rr,
precautions to be observed before, 503.
at night, 504.
foul berth, 502.
in improper place, 507.
shortening sail before, 504.
pilot's duty with reference to, 244.
Burden of Proof,
collision with ship at anchor, 31.
ship neglecting to keep her course, 472.
of negligence, 30 seq.
where steamship fails to stop and reverse before collision, 451.
damage by ship navigating Thames at too great speed, 577.
where compulsory pilot in charge, 238.
sailing ship in flat calm, 478.
as to necessity of departing from Eegulations, 491.
Cable,
jamming of, on windlass, 10, 195.
insufficiency of, 242, 505.
parting of, 10.
Campbell's Act, Lord,
damages under, 122.
no action in rem under, 122, 144, 222.
rule as to division of loss does not apply, 144.
api:)lication to foreigners and foreign ships, 222.
claims under, how affected by statute limiting liability, 175,
280.
assessment of damages by jury, 324.
Canada, Law of,
division of loss, 134, 160.
compulsory pilotage, 279.
infringement of Kegulations, 41.
Care,
absence of ordinary care is negligence, 2.
in management of dangerous business, 72.
what is ordinary, 3.
598 INDEX,
Caego,
damage lien does not attacTi to, 81.
damage to, by carrying ship, no lien, 82, 288.
may be arrested to compel payment of freight, 81.
liability to arrest not affected by Act limiting liability, 178.
transhipment, after collision, 173.
Cargo Owner. See Carrier ; BUI of Lading.
not liable for collision, 103.
recovery by, where both ships in fault, 104.
recovery by, against carrier, damages, 123.
when collision is between ships of same owner, 104, 284.
his right to costs, 330.
shipowner's liability as carrier, 281 seq.
cargo on board barge in tow, 282.
effect of bill of lading as to collision, 282.
how affected by ride as to division of loss, 143, 284.
his rights where the carrier is a railway company, 178, 287.
liability of master, 287.
Admiralty jurisdiction in case of damage to cargo, 82, 288.
no average contribution from, in case of cargo sunk by
carrier's fault and afterwards raised, 302.
action for damage to cargo, 82, 106.
no lien for damage to cargo, 82.
in limitation action, right to issue whether one or both ships
in fault, 322.
Carrier,
shipowner's liability as, 281 seq.
whether shipowner is a common, 281.
shipowner's liability at common law, 282.
tug-owner's liability for goods in tow, 282.
shipowner's liability on the contract of carriage, 143, 282.
bill of lading, what exceptions cover collision, 283.
collision by fault of carrying ship, 283.
the other ship, 283.
collision with other shij) of same owners, 284.
how the rule as to division of loss applies to, 143, 284.
collision by negligence not barratry, 286.
"perils of the sea," meaning of the exception of, 226,
railway company carrying by sea, 287, 288.
liability of master, 287.
Admiralty jurisdiction in case of damage to cargo, 82, 288.
no average contribution in respect of cargo simk by carrier's
fault and afterwards raised, 302.
entitled to limited liability in contract as well as tort, 174.
liability of, when carrying in ship of other owner, 178.