A—sa

appendices. Article 18. Dans le cas oil l'une ou l'autre des Parties contractantes denoncerait la presente Convention, cette denoneiation ne produirait ses effets qu'un an apres le jour oil elle aurait ete notifiee au Gouvernement beige et la Convention demeurerait en vigueur entre les autres Gouvernements contractants. En foi de quoi, les Plenipotentiaires des Ktats respectifs out signe la presente Convention et y ont appose leurs cachets. Fait a Bruxelles, en unjseul exemplaire, le.

APPENDIX D.

Memorandum by Sir W. Lyne on the Brussels Draft Conventions on Collisions and Salvage. Handed in by Sir Wm. Lyne at the Colonial Merchant Shipping Conference on thk 22nd April.

Exception is taken to the proposals made in regard to :— (1.) Abolition of the defence of compulsory pilotage (Article 5). (2.) The repeal of portion of Section 422 of the Merchant Shipping Act, 1894 (Article 8). In regard to (1), it would seem that if the master of a ship is required by law to take a pilot, and that by the act of that pilot damage is occasioned to another ship, the owner of the offending ship should not be held liable for damages. Should, however, it appear that the master of the offending vessel could have prevented the casualty had he exercised his judgment, and could have ascertained that a collision was impending, in that case the owners of the offending ship should be held liable.

As to (2), it is considered that nothing should be done which in any case would lessen the present liabiliay of both master and owner. The provisions that one ship should ctand by another in case of collision, and that the master should render every assistance, and that the master of the one ship should communicate to the other the name of his ship and other particulars, are most salutary ones. It is well known that in case of collision in thick weather it is easy for an offending ship to escape without being detected, or these particulars becoming known to the master of the other ship, and that to ascertain them subsequently would involve delay and possible heavy expenses, and that in some cases it would not be possible to trace the offenders. It is, therefore, thought that no amendment of the kind suggested should be made in the existing law.

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