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![handle is hein.slavery/ssactsengr0461 and id is 1 raw text is: the green light of the steamer. She did not see the red light till the steamer ported
her helm, and it was then too late for the barque to have ported, and she was justified
in starboarding to ease the blow. Assuming that the American vessel was within
three miles of the coast, and so subject to British statute law-for I will decide
nothing on either of these points till they are formally before me-I do not think the
provisions of the 296th section of the Merchant Shipping Act apply to the other
circumstances of the case. It has been argued that the barque, on the port tack
with the wind free, ought to have ported her helm when she saw the green light of
the steamer approaching on her starboard side. If she had ported her helm, the
effect would have been to throw herself across the course of the steamer. But the
statute orders no such thing ; the words are, Whenever any ship proceeding in one
direction meets another 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 collision, the helms of both ships shall be put to port so as to pass on the
port side of each other. But as long as the green light is seen broad on the starboard
bow there is no danger of collision. It never was-intended that when a vessel sees
another at the distance of two miles, that she is to begin to change her course because
there is a possibility of a collision. The intention of the statute is, that when two
vessels are approaching each other and are within such a distance that there is
strong probability of collision if both keep their courses, in that case both vessels
are to port.
As to the light shewn by the barque, it seems to have been of the usual description
and shewn in the proper position. No interrogatories have been put to the crew
of the barque on this point, which ought to have been done if there was doubt
about it.
I think it also my duty, considering the respective sizes of the two vessels-the
Ericsson, a steamer of near 2,000 tons, the barque [40] not quite 300-to ani-
madvert on the conduct of the Ericsson after the collision, in not taking proper
measures to afford assistance to the barque, which she had every reason to suppose
must have been seriously damaged. This being an American vessel, the persons on
board of her are not within British jurisdiction. In the ease of a British steamer so
misconducting herself I should have thought it my duty to recommend the Board of
Trade to institute a criminal prosecution.
Rothery, proctor for the barque.
Toller for the steamer.
THE LEDA -(Cuthbert, Master). January 30, 1856.-Salvage-Action in £200.
-Appearance under protest under section 460 of the Merchant Shipping Act.
An action for salvage rendered without the limits of the Cinque Ports, but
within three miles of the United Kingdom, was entered in the sum of £200.
Appearance was given under protest, under the 460th section of the Merchant
Shipping Act. Held, that this section, and the 458th, must be taken together,
and that where any salvage service is performed within three miles of the
coast of the United Kingdom, the limitation of jurisdiction, by reason of the
amount claimed, attaches: that stranded, or otherwise in distress on the
shore, are distinct situations ; that the latter does not mean only touching
the shore; but that the Legislature does not intend the limitation of jurisdiction
arising from the amount claimed to attach to any salvage service performed
on the high sea, i.e. more than three miles from the shore. Protest sustained.
[S. C. 2 Jur. (N. S.) 119; 4 W. R. 322. Adopted, R. v. Keyn, 1876, 2 Ex. D. 90.
Followed, The Mac, 1882, 7 P. D. 38, 129.]
On the 28th of October last, during a heavy gale, the schooner Leda was
observed from Blakeney Town running towards the land under reefed sails, with a
flag flying half-mast high in her topmast rigging. The lifeboat Sailors' Friend was
manned with eighteen hands, and proceeded down the harbour towards the bar.
The schooner was then distant about a mile from the land, but when the lifeboat
reached the bar, a mile and a half from the town, she was about a quarter of a mile
from them. After boarding her, they brought her round the point into Blakeney
Pit, and there moored her in safety. They entered an action against her in the sum
of £200 to obtain compensation for their services. The owners of the schooner
appeared under protest, and alleged that in and by the Merchant Shipping Act:
100
THE LEDA
SWAB. 40.](ViewImageLocal?handle=hein.slavery/ssactsengr0461&div=1&collection=&method=preview&ext=.png&size=3)