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In the words of Dr. Lushington, that there, that if one vessel is going dead before the must be exceptions

"Is apparent to common sense, as in the case of a vessel going so near to a rock or a shoal of hsand that if she followed the rule she would inerit. vitably become a wreck. No person would say is a that the rule was to prevail over the still higher consideration of the preservation of property or of human life."*

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To which, however, it may be well to add that the onus of proving the exception will Trest with the party violating the rule. And in the second place, that the rules are intended purely for vessels whose courses converge, and are known or deliberately believed to converge, and not for those whose ha courses diverge, or may reasonably be beqlieved to diverge; nor for cases where darkghness absolutely shuts out even reasonable lile i belief as to their converging or not. Where

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wind, and the other going free on the star-
board tack, the latter must luff and pass
astern of the former. It would seem from
analogy that if the vessel with the wind on
her side were on the larboard tack, it would
then become the duty of the one before the
wind to give way by porting her helm. The
principle being, we suppose, that as both
have a free wind it is the duty of that one
to give way the
porting of whose helm will
carry her astern of the other.

CASE No. 3.-A vessel close-hauled on the
starboard tack, and one with a free wind
on the larboard tack, are crossing in an
angular direction, and the latter is on
the windward side of the track of the
former.

CASE No. 4.-The vessels are sailing as

in Case 3, but the one with the wind
free is on the leeward side of the track
of the other.

The helm of the vessel sailing free is port-
ed, and she passes to leeward, 'going astern
of the other. 1st Trinity rule and explana-

The helm of the vessel sailing free is starboarded, and she passes to windward, going pot there is no knowledge there can be no law. astern of the other. 1st Trinity rule and our the These last remarks may, perhaps, be thought remarks in explanation. supererogatory by those who are unacquainthared with the modes of reasoning which pass for syllogisms among masters of ships, or fair who have never listened to the arguments ich of learned civilians in Doctors' Commons. Only the other day it was believed by and contended on behalf of the commander of a dd steam vessel going down the Thames with the the wind aft, that he did right to port his helm on seeing a sail ahead in the gloom, CASE No. 5.-The vessels are sailing as in before he knew whether she was tacking Case 3, but approaching "end on" or in a sa across to the right or to the left? Without, straight direction. then, pretending to any dogmatic application of rules to ever-varying circumstances, we venture to say that the cases of conthin vergent courses on opposite tacks may be classed under the following general combinations:

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The vessel on the larboard tack ports her helm and bears away. The one on the starpboard tack holds her course or slightly puts her helm to port. See the 3d Trinity rule.

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the other.

The vessel sailing free ports her helm and goes before the wind, passing to leeward of 1st Trinity rule and explanaalso the case of the Harriet' already

tion;

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cited.
CASE No. 6.-A vessel close-hauled on
the larboard tack, and one with a free
windo on the starboard tack, are crossing
in an angular direction, and the latter
is on the windward side of the track of
the former.

The helm of the vessel sailing free is port-
ed, and she passes to windward, going astern
of the other. 1st Trinity rule and explana-
tion.

CASE No. 7.-The vessels are sailing as in
Case 6, but the one with the wind free
is on the leeward side of the track of
the other.

The Trinity House document does not appear to provide for the case of a vessel steering right before the wind, and crossing another having a fair wind on her side; of course, nearly at right angles. We find it stated in Mr. Dana's Seaman's Manual,'

VOL. XLII.

*1 Rob. jun., 485.
5,

The helm of the vessel sailing free is starboarded, and she passes to leeward, going astern of the other. 1st Trinity rule and explanation.

This combination requires sound judgment and skilful seamanship, because after allowing for leeway made by the closehauled ship, the angular lines from leeward

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along which a vessel can be crossing with the wind free are comprised within a very small space; while at night, after the decision already cited in the case of the Traveller,' it would appear to be unsafe for the vessel on the starboard tack to starboard her helm at all.

CASE No. 8.-The vessels are sailing as in Case 6, but approaching " end on," or in a straight direction.

"It appears to me," says Dr. Lushington, "that in all these cases we never can, with any hope of a satisfactory result, enter into the discussion as to what precise point one vessel bore to another at the time of being discovered."*

We have yet to speak of steam vessels. The rules affecting them are simple enough. If two steamers are meeting on opposite sailing vessel close-hauled, the steamer gives courses, each ports her helm. Meeting a way exactly as a sailing vessel with the wind free would do in similar circumstances. Meeting a sailing vessel with a fair wind, the steamer ports her helm; because when the wind is on the latter's larboard side, the sailing vessel, being on the starboard tack, is entitled to hold her course; and when h the wind is on the steamer's starboard side, since it would be her duty to port were the opposing vessel another steamer, she is bound to do the same thing when the other ship is under sail. Steamers, it has been said, should always give way to sailing vessels, and therefore should not cross their bows.†

The vessel sailing free, ports her helm, and passes to windward of the other. 1st Trinity rule and explanation; also the cases of the Athol' and the Ann and Mary." But as the vessel on the starboard tack has the wind a couple of points abaft the beam, she is probably carrying studding-sails and under a press of canvas, rendering it much less inconvenient to herself to bear away than to luff. Hence the necessity for anticipating the rule by keeping a good look out and bearing away in time. This may not be practicable at night, but the Court would say that sail ought to have been shortened at night in a crowded locality.*

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Such appears to us the true interpretation of the Trinity rules. We are aware that In all these solutions it is assumed that high authority may be arrayed against some the facts stated in the respective proposi- of our conclusions. If so, the difference tions have been fully ascertained. We ear- must be settled by appeal to the decisions nestly entreat the reader's attention to the we have cited. That is the law which the observations already made on the deviation Court of Admiralty declares to be so; and of a close-hauled ship (whose prima facie the principles laid down there must be ad duty it may be to keep her course) in cir-hered to, howsoever their opposite may cumstances of doubt or of imminent dan- recommended by the weight of eminent And the remark made under Case 7, ger. Should the instructed seaman, implying that the line must not be drawn the other hand, to whom our proposition too fine, applies in a less degree to Case 3 are familiar as household words, consider also: the crossing lines should be decidedly we have been elaborately demonstrating and undoubtedly angular, to bring the case axioms, we reiterate the assurance of our within the limits of either of those proposi- belief, that a very large number of those tions. As to cases 5 and 8, it should be to whom the conduct of vessels is commit borne in mind that if the tracks are suppos- ted, are either possessed of nothing more ed to be parallel, and yet not divided by than a surface-knowledge of the subject, or distance sufficient to render contact impro- are given to the formation of theories of bable, the rule must be acted upon, as their own. It may be proper to adduce though they were coincident. Suppose, for some proof stronger than the simple as example, the free vessel should be steering sertion of personal experience, that even north, and the head of the close-hauled is among those who stand in the foremost ranks B observed to be lying south, these courses of the profession, a great conflict of inter are readily seen to be either coincident or pretation is often discovered; and illustrations parallel. If the former, the helm is port- are readily found in the proceedings before ed; if the latter, either no change whatever common law courts when it has been ne is required, or the tracks so nearly agree-cessary to submit collision causes to the del the ships are approaching so nearly "end termination of a jury. For a jury of landsert on," as to afford reasonable ground for fear; men need guidance in the application when that must be done which would be sailing rules; and the only way in which the rule were there certain ground for fear. they can have it is by parole testimony from The Court will listen to no plea of nice and men of skill in the witness box. Each party accordingly brings such evidence for

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*The 'Virgil,' 7 Jurist, 1174.

*2 Notes of Cases, 101.

† See cases quoted by Serjeant Shee.

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ward, and the opinions expressed are usu-law limits responsibility for loss by collision ally diametrically opposed to each other on to the value of the damaging ship and her precisely the same state of facts. A trial at freight, though the ship and cargo sunk may Durham last year is a notable case in point. have been worth ten times the fund thus Both vessels had sustained damage; the liable to make them good. We are not jury gave more faith to the scientific wit- questioning the policy of the law; but this nesses of the plaintiff than to those of the we do say, that if an owner is indemnified, se defendant, and the verdict was in favour of even partially, against the errors of his serthe former. The loser then raised an ac- vants, some pains should be taken to see tion for his own damage against the winner that those servants are competent to their est in Doctors' Commons, and was successful, work. It might silence the clamorous reess the judge and Trinity masters pronouncing monstrances of Mr. Somes, and others,* in that vessel in the wrong, ON HER OWN against the proposed examination of masters thi STATEMENT OF FACTS, which the Durham and mates, were the legislature to replybe jury had declared in the right: so that each " You may appoint whom you please, but rbour ship-owner eventually paid for the damage your liability for your captain's errors shall sta sustained by the other! In another case, not be limited to the, value of your ship and where no essential fact was in dispute, a freight, except where his fitness has been Sur large number of nautical men, naval officers, tested by examination; if you depend on commanders of merchantmen, and superin- your individual judgment, you must indemtendents of pilots, delivered opinions ex nify those injured by his blunders to the full We actly conflicting. Among them, and on dif- extent of the loss they may have sustained." ith ferent sides, we observed the names of two Without then seeking to palliate the cul-. gentlemen-Mr. Forrest and Mr. Cumming pable apathy of the shipowner, it is impossiwho have given valuable evidence before ble to deny that the fault of the mariner's this very committee on shipwrecks. It ignorance of the rules of the sea is shared are must surely be a misuse of words to charac- by the Trinity Board and the legislature. terize either as uninstructed; yet they have The same observation applies to the neglect enunciated practical opinions directly at va- of signal lights. There is no law to compel riance on a very simple case. If vessels, their use, the Trinity House having made no respectively commanded by Mr. Cumming regulation on the subject. Except in the and Mr. Forrest, should be nearing each case of a vessel at anchor, which has been other on opposite courses, a collision would held to share the blame of a collision if she most probably ensue as the immediate con- neglects to exhibit a light, we recollect no

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igh sequence of their different readings of the instance in which the result of an action has

And a catastrophe might follow like directly turned upon its presence or absence. that of the Governor Fenner,' where ONE "You have invariably decided," says Dr. LushHUNDRED AND TWENTY human beings were ington, addressing the Trinity Masters, in the case hurled into destruction, and the only ques-of the Rose,' "that merchant vessels under sail tion agitated was, which of the commanders are under no necessity whatever to carry lights." was in fault.

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The difficulty usually assigned, is the emWe conceive, then, that on the broad barrassment that may be produced by the ground of humanity alone, we are entitled to confusion of ships' lights with those of lightprotest against the poco-curante legislation, houses on shore. There is much weight in which thus leaves the lives of men to be the objection; but we can scarcely believe tossed to and fro on the conflicting waves of that, by the use of lamps of particular colWe claim from the opposite opinions. ours, and in particular relative positions, a Trinity Board an authoritative exposition of means may not be devised of securing the the rules. We care little what interpreta- benefit without incurring the risk. tion be adopted-our own, or that of any events, let the elder brethren be consistent, Our induction may be inaccu- for we cannot understand why, if the use of rate, and other expositors may be right-we the lamp is not to be enjoined, because of do but call upon authority to decide amid the danger, the very same reason should not the uncertainty, and tell us plainly what is prohibit it altogether.

At all

to be done. The rules to be enforced once The neglect of a vigilant look-out is doubtclearly laid down, we next call upon the less a primary cause, both of collision and the legislature to test, by examination, every of other casualties. Innumerable examples sea-officer's knowledge of them before he is can be given :-One flagrant case was that allowed to assume a command. We have of a vessel off Cape Horn, where the neighno desire to discuss here the limits of legis-bourhood of ice was first discovered by a lative interference. But that interference is already begun on the other side. For the

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passenger, who heard it crackle against the sioned by a bad look out, for which the ship's side, as he lay in his berth. The next crew were held jointly to blame with the moment the ship ran stem on to an ice- pilot. It has been justly said that the mas berg, and stove in her bows, the officer of ter and crew are never discharged from the watch being in the cook-house at the their proper responsibility with respect to time. There is, perhaps, no immediate the management of the ship, the keeping the remedy; but if an examination of sea-offi- look out, and the execution of the pilot's cers, and an inquiry into losses be carried orders. out, as the committee recommend; and if it The embarrassments of the shipowner do should be enacted, that an unsatisfactory not cease when his duties have been per result of the last will involve the certificate formed-when the look-out has been kept, of the officer in charge of the watch, it may and the light shown, and the rules under. be expected that mates will find their inter- stood and obeyed. Though the fault rest est in keeping a stricter eye than at present entirely with the other vessel, the difficul on the performance of the duty in question. ties met in obtaining redress are very great In the meantime the court is justly severe indeed. The remedy lies either in the upon all proved cases of negligence or reck- courts of common law or in the Admiralty lessness, and will visit upon the owners the Court. Resort to the former is less usual, absence of precaution, whether it show owing in part to the nearly insurmountable itself in want of look out, or in neglect to obstacles in the way of a correct apprecia shorten sail and slacken speed at night, or tion of a nautical case by a jury of landsmen in a fog,* when in a neighbourhood where-in part to the character and occupation of danger may reasonably be apprehended. the witnesses of the facts, which render it We must be permitted to warn the ship- difficult to secure their attendance at the master on two points more. He must not proper time and place and in part to the fancy that the error of another ship will ab- rules of evidence governing these courts, solve him from the duty of rendering her which exclude the testimony (often abso every assistance in his power-(we speak lutely indispensable) of a plaintiff or de of saving property, for when life is in ques- fendant in the suit. The usual form of pro tion, we trust no injunction is needed). It ceeding in the Admiralty Court, by "act on is held to be a suspicious circumstance, petition and affidavit," allows no cross-er when effort has not been made to help the amination of the witnesses. The nature d damaged vessel; and the owners of the the facts to be proved in collision causes is 'Celt,'t though not otherwise in fault, were nevertheless, such as to render cross-examcondemned in all costs and expenses of the nation even more than usually necessary suit, because the master made no attempt to A wrong operation may be strongly save the ship run down. Neither must he pected to have been performed on board one suppose, as is generally done, that all re- of the ships, no satisfactory evidence sponsibility is removed from him when he which can possibly be obtained except takes a pilot on board. It is true that the might be elicited by cross-questioning default of a pilot taken on board compulso- persons actually on board the offending ves rily, under any act of Parliament, or if un-sel. A ship close-hauled may be run on der the provisions of the General Pilot Act, board of in the dark by a steamer at full whether compulsorily or not, will remove speed; yet positive evidence that her speed liability from the owners. It rests, howev-was not slackened can be given only by er, with the latter to prove that the damage crew of the latter. And half the circum was occasioned by the pilot's fault alone. stances sworn to as facts would turn out to The owners of the Massachusetts' pleaded be mere inferences on cross-examination. a pilot's presence in vain, when the damage We will give a single striking example. arose from dragging an anchor too light for happens nearly always that the statements their vessel: and in the case of the Diana's of the two ships with respect to the direction (where the judgment was affirmed by the of the wind differ to the extent of a few Privy Council on appeal), the owners were points, especially when one vessel is close also condemned, the collision being occa- hauled and the other free. On the adjust ment of this disputed matter the whole case may turn, because upon it hinges the deter mination of the question whose duty it wa to make way. Now it is a well-known e fect of the composition of forces, that whe a ship is in rapid motion with the wind her side, the apparent direction of the win is always a-head of its real direction. Th

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The 'Rose,' 7, Jurist, 381; The Virgil,' 7, Jurist, 1,174. In the cases of the Ebenezer, 7 Jurist, 1,117, and 'Itinerant,' Jurist, 121, the claims were dismissed, on the ground that the darkness was too

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great to prevent collision at any rate of sailing. † 3, Haggard, 321.

1, Robinson, jun., 371. § 1, Robinson, jun., 131.

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when she is staying or going about from one tack to the other.

Tack. To put

a

ship about so that from having the wind on one side you bring it round on the other by the way of her head: the opposite of wearing. A vessel is on the starboard tack when she has the wind on her starboard side; and on the larboard tack when she has the wind on her larboard side.

greater the velocity of the ship as compared, Stays-In-stays. The situation of a vessel with that of the wind, the greater the difference will be. But suppose a vessel going only five knots, with a brisk wind of about fifteen knots right on her beam, the sailor who judges from the vane will take the di-rection of the wind to be about a point and a half before the beam. If another vessel is approaching in an opposite direction, the united error will amount to three points, and both will probably claim to have been closehauled.* Hence the necessity for a minute inquiry into the precise nature of the obser

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vations from which the direction of the wind has actually been deduced. The Act of 1840† contains, in its 8th section, a provision for the vivâ voce examination of witnesses before a commissioner in the presence of, and subject to cross-examination by, both parties or their agents. Why this excellent provision should be allowed to remain so nearly a dead letter (we speak as laymen must, and not as learned in the law), it must be left to suitors themselves to decide.

We have thus endeavoured to gather together the fragments of maritime law on these much-vexed questions, and we trust we have collected materials for those able to

Wear.-To turn a vessel round so that from having the wind on one side you bring it upon the other, carrying her stern round by the wind. In tacking the same result is produced by carrying a vessel's head round by the wind.

ART. V. 1. Tithes Commutation; a Return to an Order of the Honourable the House of Commons, of all Agreements for the Commutation of Tithes, to the 1st day of July, 1843. Specifying the amount of Rent-charge agreed to be paid in lieu of Tithes, &c. Ordered by the House of Commons to be printed, 21st August, 1843.

Charges, for the year 1844. By Henry
Pyne, Esq., London. Shaw and Sons.

THE Tithe and Corn Laws show how we deal in this country with the rights of the rich and the wrongs of the poor. They are useful statutes, inasmuch as they mark the

follow up the work more fully and efficiently 2. Table showing the value of Tithe Rent

than ourselves: in conclusion, we would shelter ourselves with the apology of the late Professor Robinson, craving pardon for the presumptuous attempt to discuss a nautical subject, while we confess we cannot "hand," nor "reef," nor "steer." L.

Explanation of Sea Phrases in the above; from relative zeal of legislation, towards interests

the Seaman's Manual.'

Bear-up or Bear-away. - To put the helm up (or to the windward or weather side) and keep a vessel away to leeward.

Close-hauled-On a bowline-On a wind.-Applied to a vessel which is sailing with her

essible to windward.

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eyards braced up, so as to get as much as pos- Church. The power as well as the doc

The Free-Large.-Applied to a vessel sailing with

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trine of the Church, are questions wholly apart from the inquiry into the amount, or mode of payment she receives: and so we shall treat it; for with the latter subject alone is it our purpose to deal. This caution is needful; for Tithes are as easily mistaken for holy things, as rubrics for Religion, and forms of prayer for faith of heart; and the confusion of these is very prevalent. We would rescue the utility our argument may

chance to possess, from the damage of a

prejudice it has no need to enlist against it.

helm is to put the tiller to the larboard side. Starboard. The right side of a vessel looking Leaving, therefore, all sorts of questions as

forward. To starboard the helm is to put the tiller to the starboard side.

"Sea

See Encyclopædia Britannica. Art. manship." † 3 and 4 Victoria, cap. 55.

to Church doctrine untouched, we betake ourselves solely to Tithes and such secular topics as they naturally present for consideration.

No one denies to the labourer in the spirit

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