improper hghts, 42, 54, 359 — 395.
breaking clown of fog-horn, 54.
improper screens, 4G.
local rules, what rules are within the penalty of sect. 17. .58.
Regulation infringed must be material to the case, 45.
what amounts to infringement, 46.
reasonable compliance required, 54, 368.
there must be an opportunity of compliance, 46.
failure to stop and reverse, 47.
The Benares, 49.
whether there can be, where collision is inevitable, 55.
owners liable where ship deemed to be in fault, 64.
whether the Sea Regulations can be infringed in a river, 59.
infringement in the agony of collision, 56.
in consequence of previous negligence, 56.
whether tug liable for infringement by tow, 57.
ordinary negligence, apart from the Regulations, not within
penalty of sect. 17. .57.
foreign ships within sect. 17. .63, 217.
infringement must be pleaded, 307.
Injury to Person,
detention of foreign ship for, 211.
Board of Trade proceedings in case of, 122.
Inscrutable Fault,
whether loss divided in case of, 2, 130, 157.
in America, 158.
Inspection,
power of Admiralty Division to order, 312.
exercised, refused, 312.
Insurance,
collision with reference to, 289 — 297.
where collision is without fault in either ship, 289.
by faiilt of the other ship, 289.
insured ship, 289.
both ships, 289.
demurrage expenses caused by collision, 289.
the running-down clause in a policy, 290.
insurance against negligence not illegal, 292.
loss after termination of voyage insured, 293.
i.\i)i;\.
CAr>
IxsuKANCE — conlimied.
insurers subrogated to rig-lits of assured, 293.
assured recovering damages is trustee for insurer, 295.
sufferer by collision may recover, notwithstauding compen-
sation received from insurer, 123, 295.
insurer cannot recover where assured could not, 29G.
collision between two ships of same owners, 290.
no average contribution for collision, 296.
duty of master to take pilot in case of, 256.
ruuning-down clause, 1-11.
Interest on damages added to amount of statutory liability,
112. And see Damaycs.
Interrogatories, 311.
Italy, Law of,
limitation of liability, 184.
division of loss, 159.
Jamming of Cable, 10.
Judgment,
not admissible as evidence, 225, 309.
whether it can be pleaded, 308.
foreign, whether enforceable in Admiralty, 225.
resjiidicuia, plea of, 224, 309.
for balance, where both ships in fault, 141.
in personam bar to action in rem., 225.
Judicature Act, nde-of division of loss, 133.
Jurisdiction,
of common law Courts for collision on high seas, 210.
for collision in foreign country, 211.
where plaintiff and defendant are aliens, 210.
Admiralty. (See Admiralty Jurisdiction.
criminal, for collision, 298.
collision with pier abroad, 211.
Jury, assessment of damages by, Lord Campbell's Act, 324.
Keep her Course,
duty of ship to, Art. 22. .471.
meaning of expression, 473.
616 INDEX.
Keep her Course — contimied.
ship rounding a point, 474.
duty of crossing steamship to, Ai't. 16. .425.
duty of sailing ship to, in presence of steamship, Art. 17. .
429.
duty of overtaken ship to. Art. 20. .456, 460.
ship hj the wind may luff a little, 475.
how ship hove-to is to, 475.
alteration of speed is not infringement of Art. 22. .474.
Keep out of the "Way, how a ship is to, 411, 471.
Lati^ch,
special precautions at, 36, 521.
liability for damage by unregistered, is unlimited, 173.
damage by, is by " improper navigation," 176.
rule as to division of loss applies in case of damage by, 136.
Law. See Foreign Law; Common Law; Maritime Laio; Ameri-
can Law.
Laying-to. See Hove-to.
Lex Fori,
rule as to application of, 208.
claimants against ship rank according to, 215.
comj^ulsory pilotage, non-liability of owners, 215, 218.
statutory rules as to presumption of fault are, 63, 216.
whether limitation of liability is, 218, 220.
whether rule as to division of loss is, 135, 220.
Lex Loci,
rule as to application of, 208.
liability for negligence of agents where collision aboard,
212, 214.
whether limitation of liability is, 220.
rule of division of loss, 135, 220.
Liability,
of actual wrong-doer, 66.
of master, 66.
when pilot on board, 246, 257.
of pilot, 66.
of shipowner for negligence of officers and crew, 68.
of salvor, 13, 301.
of charterer, 71, 74.
of Trinity pilot, 178.
of owner whore ship is demised, or under charter, 70 seq.
INDKX. 617
Liability — continued.
of undorwritors. See Insu7-ance.
Ly civil law, 68.
damage to pier or harbour works, 73, 86.
of persons other than shipowner, 73.
of ship in Admiralty, as distinguished from owner, 75,
88 svq.
by American law, 93. See Harbour Authority ; Dook-otvner.
of pilotage authority for pilot's negligence, 102, 253.
in case of damage by Queen's ship, 102.
by foreign public ship, 102.
of foreign ship for negligence of crew, 212 — 214.
cargo-owner not liable, 103.
of part-owners, 103.
joint wrong-doers, 103.
in case of collision by fault of a third ship, 26.
mere ownership creates none at law, 68.
collision between ships of same owner, 104, 284.
as between co-owners, 104.
respective liabilities of tug and tow. See Tu(/ and Tow.
of shipowner to charterer, for collision by fault of crew, 287.
no average contribution for collision, 296, 302.
of owner for injury to pilot by fault of crew, 109.
of foreign sovereign, 220.
of freight, in action in rem, 8 1 .
limitation of. See Limitation of Liahiliti/.
for loss of life or personal injury. See Loss of Life ; Injury
to Person.
of wrong-doer notwithstanding insurance, 123, 295.
for interest and costs beyond statutor}' amount, 111, 177.
at common law for damage at sea, 210, 212.
for collision abroad, 95, 211.
where both ships in fault, 125 seq. See Dirision of Loss.
foreign law as to. See Foreign Law.
where no fault in either ship. See Inevitable Accident.
of unregistered British ship, 173.
by the maritime law, 212.
for wilful injury, 69, 223.
for negligence. See Negligence.
of wrong-doer, to indemnify employer, 72.
for fault of compulsory pilot. See Compulsory Pilot.
parting of moorings, 10, 101.
infringement of th(> Eegulations. ^qq Presumption of Fault.
collision with lightshiji, 123, 178.
for damage by a launch, 36, 173, 176.
by sunken ship, 96, 361.
by ship abandoned, 96.
G18 INDEX.
Lien, Damage,
generally, 78 — 88.
its nature, 78, 79.
damage to pier or harbour works, 73, 86.
damage to or by a barge, 81.
collision in body of a county, 81.
where jurisdiction in Admiralty by statute, 85.
priority of liens, 82.
indelible character of, 80.
whether it attaches where no collision, 85.
none, for loss of life or personal injury, 122, 144.
not founded on noxal action or deodand, 7G.
none for damage by carrier to cargo, 82.
to what it attaches, 80.
cargo not subject to, 81.
except to compel payment of freight, 81.
it attaches to freight, 81.
and to ship's tackle and equipment, 80.
liability of ship and owners, how far concurrent, 75 scq.
remains after death or bankruptcy of shipowner, 80, 89.
takes precedence of liens arising from contract, 82.
postponed to subsequent salvage lien, 82.
where two or more actions for same collision, 84.
where ship owned by company in liquidation, 80, 84.
discharge of, 86, 88.
assignment of, 88.
laches in enforcing, 80, 88.
American law as to, 93.
Life, Loss of. See Loss of Life.
Lightship,
frequent collisions with, 303.
penalty for injuring, 303.
limitation of liability in case of collision with, 123, 178.
Lights, Ships',
range of, 370.
rules concerning, 359 — 395.
powers of Board of Trade to enforce, 534.
must be strictly obeyed, 367.
with reasonable strictness, 54, 368.
whether obligation to carry, by the maritime law, 360, 377.
clear night no excuse for absence of, 363.
other than Regulation lights not allowed, 359.
except in exceptional cases, 360.
flare to attract attention allowed, 360, 381.
sunken ships, duty to light, 98, 361.
INDIA". 019
Lights, Siiirs' — continued.
if lost, must bo rojilacoil, .302.
lost in previous collision, 2o, 303.
must 1)0 fiirried in positions required by law, 302, 308.
ship with improper lights may be stopped, 305.
taken down to bo trimmed, no excuse, 303.
riding lights, 337 scq.
side lights, 305, 387.
mast-head light for steamships, 305.
misleading lights, 302.
spare lights, 302.
shii) ashore, duty to light, 301.
obscuration of lights, 303, 307, 378, 400.
infringement of regulations as to (s. 17), 42 — 45, 54, 308.
must be carried from sunset to sunrise, 359, 303.
punishment for not carrying, 305.
special lights required by local rules, 304.
shipowner responsible for proper lights being carried, 305.
for steamships under way, 305.
seagoing steamships only within Art. 3 . . 370.
ship dredging stern foremost, 307.
Board of Trade instructions as to, 308.
screens, infringement of regulations as to, 308.
inspection of, ordered by Court, 370.
for ships under convoy, 528.
for ships not under command, 371.
for men-of-war, 527.
for telegraph ships, 341, 372.
for steamships towing, 371.
for sailing ship towing, 371.
for sailing ship in tow, 375.
for steamship in tow, 307.
for dredgers in the Thames, 504.
for sailing ships, 375.
for fishing boats, 380.
riding to nets, 381.
line fishermen, 381.
for trawlers, 382, 387.
trawler with net fast, 381.
steam trawler, 382, 387.
fishermen may use flare, 381.
for pilot boats, 379.
ship driving from her anchors, 370.
for boats and small craft, 370, 380.
when they cannot be carried for bad weather, 370.
practice of trawlers as to, 390.
riding light. Art. 8. .377 ; Art. 10. .380.
in the Ilumber and Mersey, two riding lights, 507, 570.
620 INDEX.
Lights, Ships' — continued.
ship moored to buoy or wharf, 379.
inspection of fishermen's lights, 386.
whether trawler at work must carry side lights, 387.
stern light for overtaken ship, Art. 11 . .391.
how to be carried, 394.
sometimes indicate direction of ship's head but not her
course, 390, 422.
burden of proof as to, 3G.
local rules as to. See Humher, Mersey, Thames, ^"c. Rides,
in Appendi.K.
Limitation of Liability,
limitation by maritime law, 162.
depends upon statute, 165.
based on protection, 163.
liability on master's contracts, foreign law, 161, 163.
analogy of noxal action, 164.
deodand, 164.
connection between limitation of liability and division of
loss, 164.
connected with liability of ship, 164.
history in English law, 165.
the existing law, 25 & 26 Vict. c. 63. . 167.
what owners are entitled to, 171.
justice of the Acts questioned, 169, 181.
applies to all ships and in all waters, 169.
foreign ships' tonnage, how calculated, 170.
deduction of crew spaces, 170.
steamships' tonnage, how calculated, 171.
alteration of register tonnage after collision. 171.
register not conclusive as to tonnage, 171.
successive actions by cargo-owners and shipowners, 323.
unregistered British ships not entitled to, 173.
what ships entitled to, 173.
limit of liability where more than one collision, 174.
without actual fault or privity, meaning of expression, 171,
176.
co-owners, one in fault, 172.
amount recoverable in Board of Trade proceedings, 175.
owners not discharged by sinking of ship, 174.
Lord Campbell's Act, damages recoverable under, 175.
loss of life, amount recoverable, 167, 175.
improper navigation, meaning of term, 175 seq.
injury to tow by tug, 176, 205.
injury by a launch, 176.
shipowner liable for interest in addition to, 177.
shipowner liable for costs in addition, 177.
INUEX. 021
LlMITATIOX OF LlAltlLlTV — continued.
Avrong-doLT not purged by payment of statutory lial)ility, 177.
only applies to injury to craft, persons or goods afloat, 178.
railway company carrying in ship of other owners, 17H.
liability of owiK-r navigating own sliip is unlimited, 178.
Trinity House pilot, 178.
actual wrong-doer unlimited. 17().
single ship company, 179.
liability for damage to lightship, 178.
as against Crown, 178, 180.
does not affect liability of cargo to arrest, 178.
combined with rule as to division of loss, 138, 179.
insurance against risks covered by, 179.
its policy discussed, 1G9, 181 secj.
foreign law as to, 182, 183.
owners entitled to, in contract as well as tort, 174.
whether /^u-yb/-/, 218, 220.
foreign ships imder old law, 219,
priorities of claimants, 180.
proof by Crown, 180.
liolder of bottomry bond on freight, 180.
action for, 320.
benefit of Act may be claimed by defence or counterclaim, 32 1 .
costs of limitation action, 321.
evidence by affidavit, 321.
whether liability must be admitted, 321.
right of cargo owner to issue whether one or both ships in
fault, 322.
transfer of action after judgment limiting liability, 322.
proof against fund ; estoppel, 322.
Lis alibi pendens, 223.
Liverpool,
compulsory pilotage, 269.
cases as to, 234, 269.
local rules for Mersey river, 570.
sea channels, 569.
Local Rules of Navigation,
power for her Majesty in Council to make, 532.
saving clause as to, in the Sea Eegulations, Axt. 25. .523.
ignorance of, no excuse, 524.
where inconsistent with the Sea Eegulations, 343, 526.
foreign ships bound by, 216.
in foreign waters, 216, 524.
applicable in conjunction with Sea Regulations, 59, 343, 526.
in dockyard ports, 525.
customary track in winding rivers, 467.
622 INDEX.
Local Rules of Navigation — continued.
practice inconsistent with tlie Sea Eegulations not good, 357.
effect of, upon question of neg'ligence, 523.
infringement of, whether within sect. 17. .58.
as to ship's lights, 362.
for Belfast, 560.
Carron river, 561.
the Clyde, 562.
Cork, 565.
Solent, anchorage in, 571.
Dublin, 565.
the Elbe, 379.
Grangemouth, 561.
Holyhead, 566.
the Humber, 566.
Mersey (river), 570 ; (sea channels), 569.
Penarth, 364.
Rangoon, 362.
Tees, 572.
Suez Canal, 364.
Thames, 575; decisions on, 585.
Trent, 566.
Tyne, 589.
Log,
ship's log evidence against, but not for, the ship, 309.
though the mate dies after collision, 309.
official log, 309.
engineer's log, 309.
lighthouse and lightship, 310.
LoNDOx Trinity House,
compulsory pilotage, 266, 269.
pilotage districts of, 269.
outport districts, 270.
evidence as to what is an outport district of, 271.
exemj)t ships, 272.
jiilotage licences to masters and mates, 272.
oversea licences, 273.
pilotage certificates, 273.
Look-out,
duty as to, generally, 496.
liability for consequences of neglect of, 496.
astern, 393, 497.
not to be employed on other duty, 496.
glasses, 498.
station for, 496, 497, 499.
iM)i;x. 623
Look-out — cunt in tied.
on forecastle) licad in Thames, 497.
â– U'liat is sullifieut, 4'JG.
American cases as to, 499.
duty of tug and tow to keep, 200, 201, 498.
"vrhon pilot on board, 21G.
Loud CAMrnELL's Act. â–ºSoo (JamphelVs Act, Lord.
Loss, Division of. See Division of Loss.
Loss OF LirK,
no action in rem, under Lord Campbell's Act, 122, 144.
proceedings by lioard of Trade in case of, 122.
limit of liability in case of, 167, 175.
inquiry by IJoard of Trade before action brought, 318.
except -where ship sued is foreign, 223.
criminal liability for, 297.
priorities of life claimants, limited liability, 180.
Lyikg-to. See Hove-to.
Mail Ships, speed of, 401.
Maritime Law,
existence of, questioned, 161.
division of loss, whether a rule of, 127 seq.
no limitation of liability by, 161.
rule as to ship on port tack bearing up, 339, 409.
overtaking ship to keep out of the Avay, 460.
the Eegidations for preventing collisions are part of, 344.
as to ships' lights, 360, 377.
liability for negligence by, 212.
division of loss. See Division of Loss.
MARiTniE Lien. See Lien, Damage.
Master,
duties of, when pilot in charge, 246.
relative authorities of master and pilot, in law, 243, 255.
by the custom of seamen, 253.
liability for acts of crew, 66.
for acts of pilot, 257.
in respect of certificate, 257.
as carrier, 287.
duty to take pilot, 256.
0J4 IMDKX.
Master — con finned.
penalties for improper navigation, pilot on board, 258.
for neglecting to carry lights, .'364.
resj)onsibility with, reference to his certificate, 257.
whether fellow servant of crew, 109.
duty of, with regard to cargo injured by collision, 116.
as to standing by to assist, after collision, 61.
co-owner, limitation of liability, 172.
having pilotage certificate, owner's liability, 228, 263.
pilotage certificates granted to British and foreign, 263, 273.
Measure of Damages. See Damages.
Meeting Steamships,
rule of the road for. Art. 15. .419.
distinguished from "crossing" and "overtaking" ships,
421, 426.
" end on, or nearly end on," moaning of the term, 419, 424.
in a winding river, what are, 425, 427, 466.
Mersey,
pilotage in, 235, 269.
local rules for the river, 570.
local rules for the sea channels of, 569.
starboard side rule in, 525.
lights in, 569, 570.
launch in, special precautions for, 522.
effect of infringement of local rules, 59. -•
Mid-channel, meaning of the term in Ai-t. 21 . .464.
Misdemeanor. See Criminal Liabilitij.
endangering life or ship, 298.
infringing the Regulations, 298.
not standing by to assist, 60.
neglect to carry lights, 365.
navigating on wrong side, 463.
Misleading,
by hailing or whistling, 6, 494.
by improper lights, 5, 50, 57, 362.
Moorings,
parting of, 11, 101.
insufficiency of, in dock, penalty for, 506.
ship at, to carr}' lights, 378.
making fast to other craft, 507.
when required, 505.
INDEX. 625
NaRRO-W CnANNEL,
starboard side rule, Art. 21 . .462.
under former Acts, 463.
â– what is a, 464.
whether for judge or jury to say, 466.
navigation of a winding river, 467, .01 3.
consequence of infringement of starboard side rule in, 463.
passing a ship ahead in a, 13, 462, 479, 518.
turning to windward in, going about, 461, 511.
speed in, 520.
raising swell in, 520.
"Navigation, iMPRorEii." See Improper Navigation.
Navigation, Rules of. See Regulations ; Local Rules.
Navy,
collision with Queen's ship, liability, 102. And see Queen^s
Ships.
position and authority of pilot in, 254.
shijis of Royal, whether bound by the Regulations, 528.
Negligence,
generally, 1 — 39.
defined, 2.
is the same at law and in Admiralty, 17.
a wrong stop taken in the agony of colHsion is not, 3.
careless management of thing likely to do damage, 34, 72.
causing collision, 14.
collateral, not causing the loss, 24.
defective equipment, 24, 33, 176.
causing the loss but not the collision, 15.
causa proxima nofi remota spectatur, 16.
in one sliip does not excuse the other, 6, 494.
causing a collision which makes a second inevitable, 25.
of one ship causing a collision between others, 27.
after collision, 114, 116, 117.
non-compliance with the Regulations is, 6.
or with local rules of navigation, 523.
presumed })y law. See Presumption of Fault ; Infringement
of Regulations ; Standing Bg.
stress of weather, excuse of, 516.
unnecessary alteration in the course, 27.
proof of negligence, 30 seq.
burden of proof, 30.
fact of collision not sufficient, 1.
on part of compulsory pilot, 238.
failure to hear fog-signal, 32.
what is prima facie proof of, 34. 35.
M. S S
626 INDEX.
Negligence — continued.
at a launch, o, 36, 521.
in a salvor, 13.
in a tug, 13. See Tug and Tow.
whetliei' negligence to heave-to in track of ships, 415.
contributory negligence, 1 8 seq.
whether negligence of compulsory pilot is, so as to affect the
owners, 202,236,241.
where pilot's negligence affects the ship, 23, 236, 242.
where with ordinary care the collision might have been
avoided, notwithstanding negligence in the other ship,
18 seq.
collateral negligence influences juries, 28.
wilful injury, 29, 70, 223.
legal consequences of, by maritime law, 212.
consequences of, not got rid of by payment of amount of
statutory liability, 177.
rule as to division of loss does not affect question what is
negligence, 144.
insurance against, not illegal, 292.
as to sunken ships, 97.
Netherlands, Law of. See Holland.
Norway, Law of, as to division of loss, 160.
NoxAL Action, analogy between, and law as to damage lien
and limitation of liability, 76, 80, 164.
Nuisance,
ship brought up in fairway, 35, 507.
ship sunk in fairway, duty to buoy and light, 97, 361.
OusE, EiVER, rules, 566.
Overtaken Ship,
what is, 392, 426, 462.
duty of, to show Kght astern. Art. 11 . .391.]
duty of, to keep her course. Art. 22. .471.
" crossing " ship may be, 426.
is not " approaching " the other within Art. 18. .451.
Overtaking Ship,
duty of, to keep out of the way, Art. 20. .456.
is a rule of maritime law, 460.
may be a " crossing " ship, 426.
INDEX. 627
Overtaking Ship — continued.
what is an, 426, 458.
anomalous American decision, 429.
sailing ship overtaking? steamship or sailing ship, 4.57.
must bo going faster than ship ahead, 458.
cases illustrating Art. 20. .4()1.
passing another in a narrow channel, 462.
ship ahead wearing, following ship is not an overtaking
ship, 462.
ships plying to windward in company, 511.
Owner OF Cargo. Seo Car(/o Owner ; Carrier.
Owners of Ship,
liability of. See Linhility.
at common law, 67.
by maritime law, 212.
by Roman law, 68.
of abandoned ship, their liability for damage by, 96.
whether liable for wilful and criminal acts of crew, 29, 69.
not liable for negligence of compulsory pilot, 227. And see
Compulsory Pilot.
how affected by fault of compulsory pilot, 23, 236, 243.
not liable quel owners, 68.
prima facie liable as employers of crew, 68.
liable for acts of crew within scope of their employment, 69.
resident abroad, liabilitj^ of, 211.
of foreign ship. See Foreign Ship.
service of writ on foreign, 318.
foreign. See Foreign Law ; Foreig7i Ship.
foreign, liable for infringement of the Eegulations, 63, 216.
foreign, defence of compulsory pilotage available for, 215,
218.
foreign, whether liable for not standing by, 216.
unregistered, liability of, 68, 74.
unregistered, recovery by, 106.
liable for negligence of Thames waterman, 233.
when liable for negligence of pilot. See Compulsory Pilot.
indirectly liable in Admiralty when not at law, 89 scq.
not discharged from liability by loss of their ship, 103.
part owners. See Part Owners.
suing in successive actions, 106.
limited liability of. See Limitation of Liability.
" actual fault or privity of," meaning of term, 171.
wrong-doing master a part owner, 172.
pro hdc vice owners, liability of, 89 — 93.
collision between ships of samo owner, 104.
ss2
628 INDEX.
Part Owkers,
successive actions by, lOG.
contribution between, for damages, 104.
several liability of, 103.
wrong-doing master part owner, limitation of liability, 172.
surety for damages, recovery by, against co-owner, 104.
damage to cargo, action for. See Cargo; Cargo Owner.
survival of action in case of death of part owner, 107.
collision between sbips owned in part by same persons, 104.
Parting of Cable or Moorings, 10, 101, 195.
Partners,
liability of, for collision, 74.
is imlimited, where not shipowners, 74.
Party, Third, procedure, 207.
Penalties,
infringement of the Eegulations, 38 — 60.
for not standing by after collision, 60 — 65.
for improper navigation, when pilot in charge, 258.
injury to lightship or buoy, 123, 303, 509.
cancellation of certificate, 257, 300.
neglecting to carry lights, 365.
improper mooring in dock, 506.
Perils of the Sea, collisions within exception of, 286.
Person in Charge,
who is, within rule as to standing by, when pilot on board, 61 .
is in owners' employment, 2^^'i'ma, facie, 68.
Person LIABLE. See Liahilifi/ ; Otcners; Comjmlsory Pilot ; Wrong-
doer.
Personification of Ship,
the wrong-doing ship, 75 seq.
Persons entitled to Eecover, 106 — 109.
bailees of injured ship, 106.
under Lord Campbell's Act, 106.
persons or owners of cargo on board wrong-doing ship, 107.
persons injured, 106, 175.
common employment, doctrine of, 109.
compulsory pilot not fellow servant of crew, 109,
unregistered owners of injured ship, 106.
indorsee of bill of lading, 106.
INDEX. 620
Pier,
damage to, 73, 80, 9G.
damage tu, by compulsory pilot, owners not liable, 232.
damage to pier abroad, 211.
unlimited liability in case of damage to, 7?, 178.
maritime lieu for damage to, 73.
Pilot. See Compulsory Pilot.
authority and duties of, in law, 243.