Page:Federal Reporter, 1st Series, Volume 1.djvu/907

 BTJNGB V, BTBAMSHIP OTOPU. 899 �boarding lier helm, and it would have been avoided if she had kept her port helm ; but, when the Helios stàrboarded, if she had then kept her starboard helm the collision would have been avoided. The Helios, porting her helm a second time, made the collision unavoidable." �This statement was made in pursuance of section 448 of the merchants' shipping act of 1854, (17 and 18 Vict. c. 104,) which provides that "any receiver, or, in his absence, any jus- tice of the peace, shall, as soon as eonveniently may be, ex- amine upon oath any person belonging to any ship which may be or may have been in distress on the coasts of the United Kingdom as to the following matters, [among others :] fî. The occasion of the distress of the ship * *. 7. Such other matters or circumstances relating to such ship, or to the cargo on board the same, as the receiver or justice thinks necessary. And such receiver or justice shall take the examination down in writing, and shall make two copies of the same, of which he shall send one to the board of trade and the other to the secretary of the committee for managing the affairs of Lloyd's, in London; and such last mentioned copy shall be placed by the said secretary in some con- epicuous situation, for the inspection of persons desirous of examining the same." �By section 449 it was provided that "any examination taken in writing as aforesaid, or a copy thereof purporting to be certified under the hand of the receiver or justice before whom such examination was taken, .shall be admitted in evidence in any court of justice, or before any person hav- ing by law or by consent of parties authority to hear, receive and examine evidence, as prima fade proof of ail matters contained in such written examination. " By the merchant shipping act of 1876 (39 and 40 Vict. c. 80, § 45) the 449th sec- tion above cited was repealed. �The master of the steamer also drew a diagram, intended to represent the circumstances of the collision, which was produced by him upon the trial. It was drawn to a scale while he was on a voyage to New York, about a year after the event. It shows the steamer heading W. by N'. J N.,' ��� �