except in the case in which the ship with the wind on the Port side is close-hauled and the other ship free, in which case the latter ship shall keep out of the way; but if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward.

Art. 13.—If two ships under steam are meeting end on, or nearly end on, so as to involve Risk of Collision, the helms of both shall be put to Port, so that each may pass on the Port side of the other.

Art. 14.-If two ships under steam are crossing so as to involve Risk of Collision, the ship which has the other on her own Starboard side shall keep out of the way of the other.

Art. 15.—If two ships, one of which is a Sailing Ship and the other a Steam Ship, are proceeding in such directions as to involve Risk of Collision, the Steam Ship shall keep out of the way of the Sailing Ship.

Art. 16.-Every Steam Ship, when approaching another ship so as to involve Risk of Collision, shall slacken her speed, or, if necessary, stop and reverse; and every Steam Ship shall, when in a fog, go at a moderate speed.

Art. 17.-Every Vessel overtaking any other Vessel shall keep out of the way of the said last-mentioned vessel.

Art. 18.-Where, by the above Rules, one of two ships is to keep out of the way, the other shall keep her course, subject to the Qualifications contained in the following Article.

Art. 19.-In obeying and construing these Rules due regard must be had to all dangers of Navigation; and due regard

L

must also be had to any special circumstances which may exist in any particular case, rendering a departure from the above Rules necessary, in order to avoid immediate danger

Art. 20.-Nothing in these Rules shall exonerate any ship, or the owner or master or crew thereof, from the consequences of any neglect to carry Lights or Signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of Seamen, or by the special circumstances of the case.

THE RULE OF THE ROAD.

1. Sailing Vessels having the wind fair, give way to those on a wind.

2. Vessels close hauled on the starboard tack, always keep their wind.

3. Vessels close hauled on the port tack, must give way to those on the starboard tack.

N.B.-Steamers are considered as vessels with a fair wind.

In connexion with this most important subject, the following remarks by an able correspondent of the "Mercantile Marine Magazine," (May 1855, Vol. II. page 172,) on the construction of the rules as they are set forth in the "Merchant Shipping Act," will be useful, as the writer has endeavoured to explain, for the benefit of seamen, one or two points to which it is quite essential for them to attend.

The rules run thus,

Section 296.

"Whenever any ship, whether a steamer 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 them necessary, in order to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of the navigation, and as regards sailing-ships on the starboard tack close-hauled, to the keeping such ships under command."

297. "Every steam-ship, when navigating any narrow channel, whenever it is safe and practicable, shall keep to that side of the Fairway or Mid-channel which lies on the starboard side of such steam-ship.

298. "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."

دو

299. "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 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."

By these rules, vessels, when meeting, are directed to give the Port-helm in all cases where, if they were to continue their respective courses, they would involve the risk of a collision. It must not be supposed, however, from this apparently imperative rule, that a blind adherence to the Port-helm on all occasions, of vessels approaching each other, is for a moment enjoined by the Act, nor that upon every occasion of a light being reported, the master will be justified in ordering the helm to be put to port, without exercising any discretion with regard to the position of the light as to his own course, or if it be a steamer, as to which light, whether the green or the red, is presented to his view.

It will be seen that the section limits the application of the rule to those cases only in which vessels are meeting, and which by standing on their respective courses will pass so near as to involve the risk of a collision. Therefore, when a vessel is re

in charge of the deck, is to

ported, the master, or officer exercise his judgment as to whether the vessel is in such a position that by continuing her course she will risk a collision. The vessel, for instance, may be so broad on the bow that by standing on she would pass under the stern of the other vessel, (see fig. 3, p. 79,) and that by porting her helm in such a case would only incur danger. Again, a steamer's light may be reported a-head; it may be a green, or a red light,--and, according as the case may be, a blind adherence to the Port-helm would either involve, or avert collision. So that the application of the rule to the case in point must be always kept prominently in view; and a broad distinction must always be made between vessels which are meeting and those which are crossingand the master who neglects to observe this distinction, and who blindly gives the Port-helm and brings about a collision, will

I conceive, be considered as having committed a breach of the rule, instead of having obeyed it, and would doubtless be judged accordingly.

candidly admit the difficulty of defining in certain cases between meeting and crossing,-and as to whether, by standing on, vessels will actually encounter each other, especially with the present very imperfect night signals for sailing vessels ; and this difficulty appears to have been foreseen by the framers of the Act, who have provided for the free exercise of the judgment of the master by giving a discretionary power to depart from the rule of the Port-helm, when the circumstances of the cases are such as to render a departure from the rule necessary, in order to avoid immediate danger, and in the penalty clause we find the master exonerated, should it be shewn to the satisfaction of the Court, that the circumstances of the case made a departure from the rule necessary.

The discretionary clauses are of great value, for while they provide against the difficulty of framing a simple and imperative rule of action for all circumstances, they have a tendency to promote caution on the part of the person in charge of the deck, and to check that disposition to indolence and carelessness, to which may be traced many of the collisions that happen in our seas.

A few diagrams by way of illustration of what has been said, will probably be acceptable to our readers. In these diagrams I have supposed that a paddle-steamer, when going at full speed, on putting her helm down, will come round in a circle of which the diameter is about six times her own length: -if she slows her speed after the helm is down, she will come round in less, and a screw-steamer will come round in much less.

The first and most simple case of the Port-helm is that of two vessels meeting. (Fig. 1.)