400 NICHOLLS'S SEAMANSHIP AND NAUTICAL KNOWLEDGE
NOTES RELATING TO THE ARTICLES.
Extracts from Merchant Shipping Act.
If any damage to person or property arises from the non-observance
by any ship of any of the Collision Regulations, the damage shall be
deemed to have been occasioned by the wilful default of the person in
charge of, the deck of the 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 Regulation necessary.
Where in a case of collision it is proved to the Court before whom
the case is tried, that any of the Collision Regulations have been infringed,
the ship by which the regulation has been infringed shall be deemed to
be in fault, unless it is shown to the satisfaction of the Court that the
circumstances of the case made departure from the Regulation necessary.
Duty of Master in case of Collision.
In every case of collision between two vessels it shall be the duty of
the master or person in charge of each vessel, if, and so far as he can do
so without danger to his own vessel, crew, and passengers (if any),
(a) To render the other vessel, her master, crew, and passengers (if
any) such assistance as may be practicable and may be necessary
to,save them from any danger caused by the collision, and to
stay by the other vessel until he has ascertained that she has no
need of further assistance; and also
(&) To give to the master or person in charge of the other vessel the
name of his* own vessel and of the port to which she belongs,
and also the names of the ports from which she comes and to
which she is bound.
If the master or person in charge of a vessel fails to comply with
this section, and no reasonable cause for such failure is stown, the col-
lision shall, in the absence of proof to the contrary, be deemed to have
been caused by his wrongful act, neglect, or default; and if he is a
certificated officer an enquiry into his conduct may be held, and his
certificate cancelled or suspended.
In every case of collision, in which it is practicable to do so, the
master of every ship shall, immediately after the occurrence, cause a
statement thereof, and of the circumstances under which the same
occurred, to be entered in the official log book, and the entry shall be
signed by the master and also by the mate o* one of the xarew.