Turning to his argument Mr. Sharp said he took the question put by his Lordship to he Is it competent for the Court t> find any d fault not specific coly alle ed, supposes such default is a brees of me Rogalstions but a ach Fyoud s amvishyp.
His Lorlshi"—Yes, bur with regard to th-ewer pur it would ben breach both ofthe Regalations ant of good seaman-
Me. -harp's firs contention was that seamanship shoul! be alleg-d as a bre cho! Ar ile 29, which expen ly provid d for that; was usual ro alleges weaes of Ande 29 a- of any other anti ut hey ud thay it welt pros baby ho open ty the Court to find any such fulure not asp~itied breach of the Regulations bit "breach wf yood seam in-sh pit st wasxnppor ed by and consia'ent with th-cuse set forth by the bid 5 bur certainly ut otherwise. The argument came hak to the old point that the nti re to his orixinul evse, His L+ dslypoberved thst while Arniele 29 sud a. oe: bad seamanship, there was no rule requi good seaman ship; that was presume Me Ssarp b-li vel it was read into this rale, just. "s bid lovkow. for eximp'e was red into il took it that under peagraph 13 -f the periri-n th plain ffs were issd to sio¥ bal seamanship if tel by and coa-stert' with the plaintiff' case, as cmrributing to a brea h of the Rezulstion specified. slid ut f course justify them in alleging hat by Em. res"=h ull have done so wad xo aujpoxe altogether a different cnse from Bist set up, My. Shito then dealt with the Sex cise. Heongh', he thought, lest the point were m erluoked afterwards, to remind the Court teat defendants did wot adept that the courses of the Empress and se ecm rain', but in dor to desi wit the cage of che Seiton he had to assume that they were, Defendants said that never at any tine were the courses converemyg and fo the las: 20 minutes or so they were tivecgen Us Lorininp—But you must admit th t shay bal bowen vying on ths sune course, Mr, Sharp ould it thet un to about.
8 th- sips wre practically on the conse. At tint tims by a chanye of n the port of the Emprens the Quangtar Became about a point on her sta "oar! bow.
Lordship—S ye was approximately th- same course and hed to keep ape proximate ly to that © ursa or yo As!
Mr. Sh rp -ail the Qigt-i woud puts Bresker Point. xbout six mites off. After ong dad shed for 19 hours the ongtai suddenly and rapidly broadened out.
His Lordship—Rapidly is scarcely the proper word but I can understand it "com-tog from your side.
Mr. Sh-rp sad that the broadening out was from nothms to four points in 20 minutes. Th pinion" those onthe Empress was there re that the ships were on divergent cou ses His Lo: ds -in—Y u remem)or they had ives th opinion nw in we dd not put ito them - x-rt]
Mr. 8 ar.—I w sh your Lordship hid.
His Lor ship—We lid questions of ver one dening "ut all that, kvowthe answers "re approximate, Phe Qsanstai milit have vot point on the Emp vss's bow and then. resumed her course, said euch a mancgavre shoul sions if i were made, hut it ced shat it hat been made.
any wished it remembered that the Smpre s 1d nor t that th courses we cover went They hat what, they de el & rug evidence that they sere not so at 11.38. The opinion: formed.at 11.38 might be erroneous, but if was con-
Text read from the printed page and cleaned; old type leaves the occasional error.