the same rapidity, draw out of the way the ship to which she is attached, it may be by a hawser of considerable length; and the very movement which sends the tug out of danger, may bring the ship to which she attached into it. Even if the danger of collision be avoided, it may be much less inconvenient for a ship closehauled to change her course, than for a tug with a ship attached to her to do so. Their lordships, therefore, are of opinion that it is not sufficient, to throw the blame exclusively upon the Independence, to urge that she, as a steamer, was bound to make way for a vessel closehauled, and that she neglected to do so." The learned Judge, after saying that in the opinion of their lordships. the law on this subject was accurately laid down by Dr. Lushington, in the case of the Kingston-by-Sea, above cited, and after a critical examination of the Cleadon's case, proceeded to say that, in the opinion of their nautical assessors, the Arthur Gordon might, without difficulty, and with very little loss of time, have avoided the Independence; that the steamer had a right to rely on her doing so; and consequently that the Arthur Gordon was solely in fault. Their lordships, however, were not prepared to go so far. In their opinion the steamer also, by a slight deviation from her course, might have avoided the collision. That she did not do so, was on the evidence the result of an insufficient look-out having been kept. The Arthur Gordon, they held, occasioned the collision but there was on board the Independence such a

;

want of reasonable care and skill as contributed to the accident. Both vessels, therefore, were pronounced in fault (a).

Effect of statutory

above deci

It is necessary to point out that all the decisions rules on the above cited were made previously to the Merchant sions. Shipping Amendment Act, and to the issuing of the Board of Trade Regulations in conformity thereto. The results of those decisions may, to a certain extent, be affected by Articles 15 and 18 of these Regulations (see above), which direct that whenever a steam ship (drawing no distinction, apparently, between steamers going alone and steamers having vessels in two) is proceeding in such a direction as to involve risk of collision with a sailing ship, the former shall keep out of the way of the latter, and the latter shall keep her course. In this respect, therefore, there seems to be a difference between the common law of the sea and the statutory Regulations (b).

(a) Independence, 1 Lush. 270.

(b) The relative position in law of a steam tug and the vessel she is towing, though a subject not properly within the scope of this treatise, seems to require some brief notice in this place.

The tug is the servant of the ship towed; hence, if the tug does wrong, and a collision ensues, the owner of the ship towed is answerable in the first instance, but may recover damages against the owner of the tug, as well for injury done to his own ship as for the sum he has been obliged to pay to the other (Kingston-by-Sea, 3 W. Rob. 153; Gipsey King, 2 W. Rob. 543; Night-Watch, 8 Mitch. 911). The tug is not liable if the collision arises from improper orders given by the pilot of the ship towed, it being generally the duty of the pilot to direct the tug's course by orders given from on board the ship (Duke of Sussex, 1 W. Rob. 272); but, where no directions are given, the tug is responsible for proper steering

on the relative position of the tug and ship towed.

Steamer in

certain cases must slow, stop, or reverse her engines.

Before closing this chapter, it may be well to point out that it is not sufficient in all cases for a steamer to put her helm in the right direction: her engines must be slowed, stopped, or reversed, if necessary, according to circumstances. In this respect the common law of the sea and the statutory Regulations are equally explicit. Thus, in the case of the Despatch, the Trinity Masters held that it was the duty of that steamer, on first observing the other vessel, to have eased and stopped her engines; and the steamer was pronounced in fault (a). And Art. 16 of the Regulations (see above) directs that " every steam ship, when approaching another vessel so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse." Here it is to be observed, that the duty of slackening her speed is imposed in all cases, while that of stopping and reversing is limited

(Secret, 8 Mitch. 116). The proper time for making fast the tug to the steamer is to be determined, not by the master of the tug, but by the pilot or captain of the ship, so that if an error has been committed in this matter, the tug is not liable (Julia, 1 Lush. 231). The owner of a tug may lawfully stipulate beforehand, by printed notice, that he will not be liable for improper acts of his crew (Symonds v. Pain, 6 Mitch. 433). The tug, if improperly run into and damaged by the ship she is steering, has a right of action against her (Julia, 1 Lush. 231; Night-Watch, 8 Jurist, N. S. 1161). It is to be observed that the jurisdiction of the Court of Admiralty, as between a tug and the ship she is towing, must be founded on a collision; hence, where the ship towed sued the tug for damage done by a grounding caused by improper towing, the Admiralty Court refused to entertain the suit (Robert Pow, 8 Mitch. 943).

(a) Despatch, Swab. 140.

to the case of necessity. Whether the Court of Admiralty would interpret this clause so literally as to hold that, whenever a steamer is approaching another vessel in such a direction that, without an alteration in her course, a collision must ensue, the steamer is bound to slacken her speed, even in cases where a simple alteration of her helm would suffice to clear the other vessel, must be considered as somewhat questionable.

Extinct statutory rules for narrow

channels.

CHAPTER III.

STEERING RULES IN NARROW CHANNELS, AND

OTHER CASES.

IN the two preceding chapters have been considered the rules for steering when two vessels meet, having ample sea-room, and when both are in motion. We are now to deal with the cases of vessels which meet in a narrow channel, or river, or when one of them is at anchor or lying-to. Under this head it will be proper to examine how far a vessel which is in stays, in the act of tacking, is to be regarded as in a similar position to one at anchor; also, what precautions are to be observed in launching a ship, and by vessels which are crossing the track where a launch is to take place.

With regard to vessels in a narrow channel, there is now no statutory regulation; but, in order to understand the following decisions, it must be mentioned that the Trinity House Regulation, issued in 1840, was as follows:-" A steam vessel passing another in a narrow channel must always leave the vessel she is passing on the larboard hand." This rule remained in force until 1853, when it was superseded by s. 297 of the Merchant Shipping Act, which is as follows:-" Every steam-ship when navigating any narrow channel, shall, whenever it